m20190226.docx.pdf 1 February 26, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 26, 2019
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on
Tuesday, February 26, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Terry O’Day (arrived at 5:45 p.m.)
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Kevin McKeown
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:34 p.m., with all
members present except Mayor Pro Tem O’Day. City Clerk Denise
Anderson-Warren led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Jara
excused at 5:39 p.m.
Mayor Pro Tem O’Day
arrived at 5:45 p.m.
Member of the public Denise Barton commented on public comment on
closed sessions.
Councilmember Jara recused herself from Item 1.B. Labor Negotiation with
the Coalition of Santa Monica City Employees, to avoid the appearance of
a conflict of interest because she has children who work for the city.
On order of the Mayor, the City Council recessed at 5:39 p.m., to consider
closed sessions and returned at 6:59 p.m., with all members present, to
report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya
v. City of Santa Monica, Los Angeles Superior Court, Case No. BC
616804
The City Attorney advised this matter was heard with no reportable action
taken.
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Councilmember Jara
returned at 6:18 p.m.
1.B. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Lori Gentles, Chief
People Officer-HR and Human Resources Manager Shawn Weiske,
Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE)
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Sutphin v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 624887
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Women's History Month, was presented by the
Mayor.
2.B. Commendation: Samohi Boys Water Polo CIF Champions, was
presented by the Mayor.
REPORT ON COUNCIL
TRAVEL
Mayor Davis reported that her travel was not a city expense. She traveled to
the World Government Summit in Dubai, a 3-day event where she spoke
on several panels dealing with issues related to the Global Wellbeing
movement and efforts to create more gender balance in the Arab World and
throughout the World.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive no compensation for meeting as the Redevelopment
Successor Agency.
CONSENT CALENDAR: There being a Consent Calendar for the Redevelopment Successor Agency,
the Mayor, with the consensus of the Councilmembers, convened to a joint
meeting at 7:13 p.m., and the two Consent Calendars were heard
concurrently, with all Agency/Councilmembers present.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Johnathan Foster and Jerry Rubin commented on
various Consent Calendar items.
At the request of Agency/Councilmember Jara, Item 3-G was removed
from the Consent Calendar.
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Motion by Agency/Councilmember McKeown, seconded by
Agency/Councilmember Winterer, to approve the Consent Calendar except
for Item 3-G, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Agency/Councilmembers Morena, Himmelrich, McKeown,
Winterer, Jara
Chair/Mayor Pro Tem O’Day, Chair/Mayor Davis
NOES: None
ABSENT: None
VEHICLE SERVICE 3.A. Award of Wheelchair Accessible Vehicle Service for MODE,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #203 to MV Transportation, Inc., a Texas-based
company, for wheelchair accessible vehicle (WAV) services for
MODE;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10808 (CCS) with MV Transportation, Inc., in an amount not to
exceed $274,438 for one year with 4 additional 1-year renewal
options in the amounts of $280,204 for Option Year 1; $290,340 for
Option Year 2; $299,888 for Option Year 3; and $309,941 for
Option Year 4, for a total amount not to exceed $1,454,811 over a
5-year period, with future year funding contingent on Council
budget approval.
CITY SERVICES
BUILDING
3.B. First Modification of Contract for Inspection Services for the
City Services Building, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10576 (CCS) in
the amount of $200,000 with United-Heider Inspection Group, a
California-based company, for deputy inspection, material testing, and
geotechnical inspection for the City Services Building project. This will
result in a three-year amended agreement with a new total amount not to
exceed $478,480, with future year funding contingent on Council budget
approval.
CANNABIS ORDINANCE 3.C. Adopt Administrative Citation Fine Resolution No. 11164
(CCS) Update to Increase Fine Amounts for Violations of the City’s
Cannabis Ordinance, was approved.
Recommended Action
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Staff recommends that the City Council adopt a Resolution updating the
City’s administrative fine schedule to establish new fine amounts for
violations of the cannabis regulations contained in Santa Monica Municipal
Code Chapters 6.200, 6.201, 6.202, 6.203 and Section 9.31.185.
ANNUAL PAVING AND
SIDEWALK REPAIR
3.D. Award Bid for FY 2018-19 Annual Paving and Sidewalk Repair
Program, SNAP Chat Parking Lot & Beach Parking Lot 5S
Improvements, Expo Line Bus Pads (4 locations), and 18th Street Bike
Path Connection, SP2477, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2477 to Palp, Inc. dba Excel Paving Company, a
California-based company, to provide construction services for FY
2018-19 Annual Paving and Sidewalk Repair Program, SNAP Chat
Parking Lot & Beach Parking Lot 5S Improvements, Expo Line Bus
Pad installations (four locations), and 18th Street Bike Path
Connection Project (“FY 2018-19 Annual Paving Improvements
Project”) for the Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
10809 (CCS) with Palp, Inc. dba Excel Paving Company, in an
amount not to exceed $4,390,000 (including a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
LIFEGUARD SERVICES 3.E. Extension of Lifeguard Services Agreement with Los Angeles
County, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #9045 in the
amount of $150,000 with the County of Los Angeles for lifeguard services.
This will result in a 15-year amended agreement with a new total amount
not to exceed $43,533,594, with future year funding contingent on Council
budget approval.
CITY INVESTMENT
POLICY
3.F. Annual Update on City Investment Policy, was approved.
Recommended Action
Staff recommends that the City Council:
1. Review and approve the City’s revised Investment Policy and
2. Extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2019 through February
29, 2020.
Staff also recommends that the Successor Agency Governing Board:
1. Review and approve the City Investment Policy for Successor
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Agency Investments and
2. Extend investment authority to the Treasurer of the Successor
Agency, from March 1, 2019 through February 29, 2020.
SOULSTICE FESTIVAL 3.H. Memorandum Of Understanding for 2019 Soulstice Festival,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Memorandum of Understanding No. 10810 (CCS)
with the Main Street Business Improvement Association to co-produce the
2019 Summer Soulstice festival.
SANTA MONICA PUBLIC
LIBRARY
3.I. Award Contract for Santa Monica Public Library Classification
and Compensation Study, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #189 to Segal Waters Consulting to conduct a library-
wide classification and compensation study, in partnership with the
City’s Human Resources and Library departments.
2. Authorize the City Manager to negotiate and execute Agreement No.
10811 (CCS) with Segal Waters Consulting in an amount not to
exceed $100,000 over a two-year period.
COUNCIL MEETING 3.J. Cancellation of Regular City Council Meeting Scheduled for
March 12, 2019, and Scheduling a Special Meeting for March 5, 2019,
was approved.
Recommended Action
Staff recommends that the City Council vote to:
1) Cancel the regular meeting scheduled for March 12, 2019, due to
lack of a quorum, as members attend the National League of Cities
Congressional City Conference and,
2) Schedule a special meeting for March 5, 2019.
MINUTES 3.K. Minutes of City Council - Special Meeting - Feb 21, 2019 5:30
PM, were approved.
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting with the
Redevelopment Successor Agency adjourned at 7:17 p.m., and the regular
meeting of the City Council reconvened with all members present.
1900 20TH STREET 3.G. Resolution No. 11165 (CCS) entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL
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NO. 74822 TO SUBDIVIDE A PROPERTY AT 1900 20th STREET,” was
presented.
Recommended Action
Staff recommends that the City Council adopt the attached Resolution
approving Final Parcel Map No. 74822 at 1900 20th Street.
Councilmember Jara pulled this item because she had questions about the
property, and whether building three-units fit into the Council’s
affordability goals, and whether it is too late to make changes to this
project.
Staff explained that if a developer has met enough conditions in a tentative
map, then this is essentially an administerial action for the Council to
approve, if the Council believes that the work has been done. This is not a
moment for Council to reopen the development review for this particular
project.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ORDINANCES:
ZERO EMISSION
VEHICLES
7.A. Second Reading and Adoption of Ordinance No. 2603 (CCS)
entitled, “AN ORDINANCE AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 3.16.120 TO EXEMPT ADDITIONAL
ZERO EMISSION VEHICLES FROM PARKING
METER PAYMENT REQUIREMENTS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSTAIN: Councilmember Himmelrich
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STAFF
ADMINISTRATIVE
ITEMS:
COUNCIL RULES
8.A. Adopt Resolution No. 11166 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE
OF FINES FOR CERTAIN VIOLATIONS OF THE SANTA MONICA
MUNICIPAL CODE, SETTING CIVIL PENALTIES FOR PARKING
VIOLATIONS AND FOR THE LATE PAYMENT OF PENALTIES,
SETTING FINES FOR POLICE AND FIRE DEPARTMENT
RESPONSES TO EXCESSIVE FALSE ALARMS, AND SETTING
FINES FOR THE SANTA MONICA PUBLIC LIBRARY”, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
amending the Council Rules to:
1) Allow members of the public who want to speak for a shorter period
of time to speak at the beginning of the item, prior to those who
want to use their full speaking time;
2) Reduce speakers’ time donation to one-minute;
3) Establish special time limits for lengthy meetings;
4) Hear City Council Appointments as a Special Agenda Item; and,
5) Limit multiple applicants/appellants time to 10 minutes total, and
repeal Resolution Number 11106 (CCS).
Members of the public Denise Barton, Johnathan Foster, Jerry Rubin, and
Myla Reson, spoke on the recommended action.
Questions asked and answered of staff included: on lengthy meetings,
would the speaker with one minute still be allowed to use time donation to
give them two minutes; is this proposal within the values that the Council
just adopted, is this moving towards engagement or away from it; and, look
at how other cities handle public comment.
Considerable discussion ensued on topics including, the rules changes are
drastic, and maybe too many proposed at one time; discussion on lengthy
meetings should come back at a later date; not a big deal to reduce time
donation to one minute; allowing students to speak first could lead to
possible abuse; require ID for students to speak; cannot agree with reducing
the speaker time; do a better job of communicating with the public about
the procedures of a Council meeting to help them be better informed about
the rules of the meeting, including the start time for the Open Meeting; it’s
not the quantity of public input, it’s the quality that counts; other cities
apply limits, and public comment is on a first come, first serve basis;
continue trying to improve the meeting process, by coming back with
suggestions and recommended changes; maybe consider having interactive
texting during the Council meetings to improve ways to engage; no one is
in favor of curtailing the public’s ability to speak, but it is not practical to
make decisions at late hours of the night and morning; direction should be
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given to staff to reexamine some of the other proposals that were made,
which might have a more significant effect on shortening those meeting
that look like they are going to go late in the night, and early morning;
maybe start Closed Session a half hour earlier; do an analysis of which
types of items brings out the most speakers, and reconfigure the order of
the agenda, so that the bigger topics can come up earlier in the meeting.
Motion by Councilmember Himmelrich, seconded by Councilmember
Morena, to leave the rules as is, with the following exceptions: that
speakers with one minute may go first; students go first on any item; and,
modify the rules to include double time is allocated when a speaker
requires translation; and combine appeals only where there’s been one fee
paid for the appeal.
Councilmember McKeown, made a friendly amendment to support the
motion, but remove the inclusion of letting students speak first. The
motion was not considered friendly by the maker or the seconder.
Councilmember Jara, made a friendly amendment to change the proposed
language to “interpretation” instead of “translation”. The motion was
considered friendly by the maker and the seconder.
Councilmember Winterer, made a friendly amendment that with the
students section, state students through High School. The motion was
considered friendly by the maker and seconder.
Councilmember McKeown, proposed a friendly amendment to add City
Council appointments as a Special Agenda Item, and leave the part about
the applicants and appellants as is, and maybe revisit it later. The motion
was considered friendly by the maker and seconder.
The motion was restated.
Motion by Councilmember Himmelrich, seconded by Councilmember
Morena, to leave the Council Rules as is, with the exceptions: to allow
members of the public using one minute to address the City Council first
during public comment, followed by K-12 students, while members of the
public using the full two minutes will speak afterwards; include extended
Time Limits for Speakers Who Require Interpreter. A member of the
public who utilizes an interpreter to provide English language translation
shall receive twice the time otherwise allotted under the rules; and, add City
Council Appointments to the Special Agenda Item category.
The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
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Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
Direction to staff to: look at resequencing items to have the heavier items at
the beginning of the meeting; investigate larger meetings, look at setting a
limit on how many speakers per item should trigger a reduction in speaking
time, and see what the impact is, and make minor adjustments; look for a
balance and bring it back to Council incrementally, with the intent to be fair
for members of the public to be heard; and, look at ways to incentivize
people to speak for a shorter period of time.
AFFORDABLE HOUSING 8.B. Proposed Affordable Housing at 1834-1848 14th Street, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute all necessary
documents to make a Housing Trust Fund loan to Community
Corporation of Santa Monica (CCSM), for the acquisition and
development of the property located at 1834-1848 14th Street, in an
amount consistent with Housing Trust Fund Guidelines loan limits,
to construct a proposed affordable housing development with more
than 50 residences; and
2. Approve the staff recommendations outlined in this report regarding
the amount of developer fees and implementation of the local
priority policy.
Members of the public Jan Goodman, William Ryan, Jesus Hernandez, and
Myla Reson, spoke on the recommended action.
Questions asked and answered of staff included: is the developer fee
recommended in the staff report; has CCSM agreed to take only from the
City Administered list; whether or not preferential residents have been
placed; was any data used to determine the breakdown of units; any
statistics on how many Santa Monica residents were placed; how did you
arrive at the particular mix of units in affordability; and, does CCSM have
any statistics from the past 2 years as to when Santa Monica residents were
allocated into the units.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to adopt the staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day, Mayor Davis
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NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
BUILDING & FIRE - LIFE
SAFETY COMMISSION
13.A. Appointment to one unscheduled vacancy on the Building &
Fire - Life Safety Commission for a term ending June 30, 2021, was
presented.
There were no members of the public present.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to continue this item to the March 26, 2019 meeting, because
there were no qualified candidates. The motion was unanimously approved
by voice vote.
AUDIT SUBCOMMITTEE 13.B. Appointment to one unscheduled vacancy on the Audit
Subcommittee for a term ending on 6/30/2021, was presented.
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich nominated Jeff Bush
Mayor Davis nominated Natalya Zernitskaya
Natalya Zerniskaya was appointed by the following vote:
Bush: Councilmember Himmelrich
Zernitskaya: Councilmembers Morena, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor Davis
Councilmember Himmelrich changed her vote to Zernitskaya, thereby
appointing Natalya Zernitskaya by acclamation to the Audit Subcommittee,
with all members present.
PERSONNEL BOARD 13.C. Appointment to one unscheduled vacancy on the Personnel
Board for a term ending on 6/30/2022, was presented.
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich nominated Homa Mojtabai.
Councilmember Winterer nominated Shalon Zeferjahn
Homa Mojtabai was appointed by the following vote:
Zeferjahn: Councilmember Winterer
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Mojtabai: Councilmembers Morena, Himmelrich, McKeown, Jara,
Mayor Pro Tem O’Day, Mayor Davis
Councilmember Winterer changed his vote to Mojtabai, thereby appointing
Homa Mojtabai by acclamation to the Personnel Board, with all members
present.
COMMISSION ON THE
STATUS OF WOMEN
13.D. Appointment to one unscheduled vacancy on the Commission
on the Status of Women for a term ending on 6/30/2021, was presented.
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Jacqueline Pepper
Councilmember Morena nominated Jennifer Eden
Mayor Davis nominated Shalon Zeferjahn
Councilmember Jara nominated Jenny Vazquez-Newsume
There was no one appointed on the first vote:
Pepper: Councilmember McKeown
Eden: Mayor Pro Tem O’Day, Morena
Zeferjahn: Mayor Davis
Vazquez-Newsume: Councilmembers Jara, Winterer, Himmelrich
Jenny Vazquez Newsume was appointed:
Councilmembers McKeown, Morena, Mayor Pro Tem O’Day, and Mayor
Davis changed their votes to Vazquez-Newsume, thereby appointing by
acclamation to the Commission on the Status of Women, with all members
present.
JAMS SCIENCE
MAGNET
13.E. Request of Councilmember Jara, Morena and Winterer that the
City Council allocate $10,000 of discretionary funds to the JAMS
Science Magnet, a 501(c)3, to provide financial assistance for students
with demonstrated need to travel, was presented.
Member of the public Laura Ford spoke in support of the recommendation.
Motion by Councilmember Winterer, seconded by Mayor Davis, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day, Mayor Davis
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NOES: None
ABSENT: None
NUCLEAR ENERGY
Mayor Pro Tem O’Day
was excused at 8:41 p.m.
13.F. Request of Councilmembers McKeown, Himmelrich and
Morena that Council direct staff to prepare for Mayor Davis’s
signature a letter, in keeping with the City’s existing policy against
investment in nuclear energy, and the Clean Power Alliance’s firm
commitment against including any nuclear power even in the non -
renewably sourced electricity CPA purchases, calling on Governor
Newsom to secure the ongoing safety of the Diablo Canyon Nuclear
Power Plant by mandating complete and comprehensive testing of
unaddressed safety concerns, including vulnerability to seismic
activity, aging internal infrastructure, and improper storage and
disposal of nuclear waste, before PG&E is allowed to restart the Diablo
Canyon nuclear reactor after the current refueling outage, was
presented.
Members of the public Myla Reson, Johnathan foster, Jan Goodman,
Harvey Wasserman (time donated by Paul Newman), William Ryan, and
Jerry Rubin, spoke on the recommended action.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, to approve the recommendation, with the addition to send the
letter to the Nuclear Regulatory Commission, Judge Allen, and the
bankruptcy Judge Montalai. The motion was approved by voice vote, with
Mayor Pro Tem O’Day absent.
WELLBEING SUMMIT 13.G. Request of Mayor Davis and Councilmembers McKeown and
Jara that the Council authorize up to $100,000 of Council
discretionary funds to create a local “Wellbeing Summit,” describing
and demonstrating our important work around community wellbeing
here in Santa Monica and its recognized impact as part of the global
wellbeing movement, with the intent to seek philanthropic funding that
could reduce significantly the City cost of the Wellbeing Summit,
which will be open and free to residents and will offer concrete
opportunities for them to improve their own wellbeing and that of our
community, was presented.
There were no members of the public present.
Discussion ensued, but not limited to: how about the mechanics of how this
will be done; creating metrics to see if this program is successful, and how
it can continue to grow; make sure this is an inclusive event; move up some
of the microgrants to macrogrants; include a partial amount of the money to
be invested into macrogrants; and, this is an abstract idea right now, explain
why this is not more self-promotion than self-improvement, and why this is
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not true.
Motion by Councilmember McKeown, seconded by Councilmember
Morena, to approve the recommendation.
Councilmember Jara proposed a friendly amendment, half of the funding be
allocated for some of the measures that the community might already
foresee.
Councilmember McKeown, as maker of the motion proposed slight
changes to the main motion to read, Council allocate the $100,000, seek the
matching funds and grants from outside to help pay for the event, and
whatever amount of the $100,000 is not used, be set aside to be used for
micro or macrogrants for within the community. Councilmember Jara and
the seconder of the motion considered the change as friendly.
The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
PUBLIC INPUT: Members of the public Denise Barton, Johnathan Foster, and Myla Reson
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:26 p.m. in
memory of Mary Ann Rawson.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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