m20200128.pdf 1 January 28, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 28, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, January 28, 2020, at the Civic Center - East Wing, 1855 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day (arrived at 5:55 p.m.)
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
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 5:30 p.m., with all
members present except Mayor Pro Tem O’Day. Councilmember Winterer
led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Mayor Pro Tem O’Day
arrived at 5:55 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
closed sessions and returned at 6:30 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): Shu Chang v. City of Santa Monica, Los
Angeles Superior Court, Case No. BC 702558.
The City Attorney advised this matter was a sidewalk trip and fall accident.
The City Attorney’s Office recommended settlement in the amount of
$150,000.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve Settlement Agreement No. 10991 (CCS) in the amount of
$150,000.
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Mayor Pro Tem O’Day
excused at 6:13 p.m.
Mayor Pro Tem O’Day
returned at 6:30 p.m.
The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor McKeown
NOES: None
ABSTAIN: Mayor Pro Tem O’Day
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Kirk Kelly v. Jacob Charles Duncan, City of
Santa Monica, et al., Los Angeles Superior Court, Case No. BC722657.
The City Attorney advised this matter was a motorcycle accident with and
Santa Monica Police Officer who was driving his car. The City Attorney’s
Office recommended settlement in the amount of $125,000.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve Settlement Agreement No. 10992 (CCS) in the amount of
$125,000. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor McKeown
NOES: None
ABSTAIN: Mayor Pro Tem O’Day
1.C. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Lori Gentles, Chief
People Officer-HR, Human Resources Manager Shawn Weiske, and
Outside Counsel Laura Kalty, Bargaining Unit: Coalition of Santa
Monica City Employees (CSMCE).
This item was removed at the request of staff.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report: Celebrating Black History Month, was
presented.
Member of the public Nat Trives spoke in support.
2.B. Proclamation: Black History Month, was presented by the
Mayor.
2.C. City Manager's Report: Fiscal Year 2018-2019 Annual Report,
was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There were no members of the public present to comment on the Consent
Calendar.
Councilmember Jara acknowledged that she received word that she does
not have to recuse herself from Item 3.A., so she will be voting on this item
this evening.
Motion by Councilmember Davis, seconded by Councilmember Morena,
to approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC
HOUSEKEEPING
TRAINING
3.A. Award Request for Proposal and enter into Agreement No.
10986 (CCS) with Santa Monica College’s Office of Workforce &
Economic Development to provide Public Housekeeping Training, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 101819 to Santa Monica College’s Office of
Workforce & Economic Development to provide training to Santa
Monica’s hotel housekeepers in accordance with Santa Monica
Municipal Code Chapter 4.67;
2. Authorize the City Manager to negotiate and execute an agreement
to certify and designate the Office of Workforce & Economic
Development at Santa Monica College as the City’s Public
Housekeeping Training Organization for a term of three years, with
three additional one-year renewal options, at no cost to the City.
WOODLAWN
MORTUARY
3.B. Award Request for Proposal and enter into Agreement No.
10987 (CCS) with Carriage Transit Solutions, Inc. for Woodlawn
Mortuary Transportation Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #226 to Carriage Transit Solutions, Inc., a California-
based company, for Decedent Transportation Services for the Public
Works Department;
2. Authorize the City Manager to negotiate and execute an agreement
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with Carriage Transit Solutions, Inc., in the amount not to exceed
$25,000 for one year, with four additional one-year renewal options
in the amount of $25,000, on the same terms and conditions, for a
total amount not to exceed $125,000 over a five-year period, with
future funding contingent on Council budget approval.
SUSTAINABLE WATER
INFRASTRUCTURE
PROJECT
3.C. Award Request for Proposal and enter into Agreement No.
10988 (CCS) with Environmental Science Associates (ESA) for
Paleontological, Archeological, and Cultural Resource Compliance
Monitoring Services for the Sustainable Water Infrastructure Project,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #SP2456 to Environmental Science Associates (ESA),
a California-based company, for paleontological, archaeological,
and cultural resource compliance monitoring services for the
Sustainable Water Infrastructure Project (SWIP) for the Public
Works Department, and;
2. Authorize the City Manager to negotiate and execute an agreement
with Environmental Science Associates (ESA) in an amount not to
exceed $205,360 for three years.
PEST MANAGEMENT
SERVICES
3.D. Award Bid and enter into Agreement No. 10989 (CCS) with
West Coast Environmental Services for Integrated Pest Management
Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4390 to West Coast Environmental Services, a
California-based company, for structural integrated pest
management services for properties owned, occupied, leased, or
otherwise operated by the City of Santa Monica citywide;
2. Authorize the City Manager to negotiate and execute an agreement
with West Coast Environmental Services, in an amount not to
exceed $100,000 for one year, with four-additional one-year renewal
option(s) in the amount of $100,000, on the same terms and
conditions, for a total amount not to exceed $500,000 over a five-
year period, with future year funding contingent on Council budget
approval.
SHORT RANGE TRANSIT
PLAN
3.E. Receive and File Short Range Transit Plan and Adoption of
Resolution No. 11223 (CCS) entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE
CITY MANAGER TO FILE THE FY 2019-20 THROUGH FY 2021-22
TRANSPORTATION DEVELOPMENT ACT AND STATE TRANSIT
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ASSISTANCE CLAIM; TO SUBMIT GRANT APPLICATIONS AND
TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS AND
OTHER TRANSIT AGREEMENTS IN FURTHERANCE OF THE
SHORT RANGE TRANSIT PLAN FOR FY2019-20 THROUGH 2021-
22”, was approved and adopted.
Recommended Action
Staff Recommends that the City Council:
1. Authorize the City Manager to file the Fiscal Year (FY) 2019-20
through FY 2021-22 Short Range Transit Plan (SRTP) with the Los
Angeles County Metropolitan Transportation Authority (Metro).
2. Adopt the attached resolution authorizing the City Manager to: (a)
apply for and execute grant agreements and execute related
certifications and assurances with the Federal Transit
Administration (FTA), Metro, or other federal, state, regional or
local agencies; and, (b) enter into agreements for transit funds for
the pass-through of funds and agreements for planning,
programming, and implementing transit services and capital
projects during FY 2019-20 through FY 2021-22.
MINUTES 3.F. Minutes of City Council - Regular Meeting - January 14, 2020,
were approved.
WEBSITE 3.G. Authorization to Award Contract No. 10990 (CCS) for a New
City-Wide Website, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute and agreement
with Symsoft Solutions Corporation, a California-based company,
for design and development of a new city-wide website. This award
is made as an exception to the competitive bidding process pursuant
to Section 2.24.250 (c) and in an amount not to exceed $742,550
(including a 20% contingency), for a two-year term with one
additional one year renewal option in the amount of $180,000, on
the same terms and conditions for a total amount not to exceed
$922,550 with the future year contingent on Council budget
approval.
ORDINANCES:
ZONING
7.A. Ordinance No. 2628 (CCS) entitled “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND
THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION
9.07.030 TO CLARIFY PARCEL COVERAGE LIMITATIONS FOR
EXISTING STRUCTURES WITH ADDITIONS IN THE R1 (SINGLE-
UNIT RESIDENTIAL) DISTRICT”, was presented.
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Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis, 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, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
EV CHARGING 7.B. Second Reading and Adoption of Ordinance No. 2629 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ENACTING SANTA MONICA MUNICIPAL CODE
SECTION 3.16.242 TO PROHIBIT NON-CHARGING VEHICLES
FROM PARKING AT PUBLIC ELECTRIC VEHICLE CHARGING
STATIONS AND AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 3.04.035 AND 3.16.170 TO PERMIT THE
ESTABLISHMENT OF OVERSTAY CHAGES FOR PARKING SPACES
DESIGNATED FOR USE OF PUBLIC ELECTRIC VEHICLE
CHARGING STATIONS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
O’Day, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
7.C. Introduction and First Reading of an Ordinance Extending the
First Shared Mobility Device Pilot Program and Creating a Second
Pilot Program, was presented.
Recommended Action
Staff recommends that the City Council:
• Introduce for first reading the proposed ordinance,
amending Section 3.21.090 of the Santa Monica Municipal Code
to extend the term of the first Shared Mobility Device Pilot Program
from May 17, 2020 to June 30, 2020, and enacting new Chapter
3.22 of the Santa Monica Municipal Code to create the second
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Shared Mobility Pilot Program extending until December 31, 2021.
Members of the public Frank Reig, Jerry Rubin, Todd Maron (time donated
by Kim Pluth), Tim Harter (time donated by Chloe Lynn), Jason Islas,
Morgan Roth, Andrew Hoyer, and, Karla Owunwanne (time donated by
Rachel Wasser) spoke to the recommended action.
Questions asked and answered of staff included: is it the Planning Director
who makes the final decision on operators or how does the selection
process work; at what point does the public get involved in the selection
process; why the emphasis on swappable batteries; when you decided to
emphasize swappable batteries did you talk to the components in the
community who make money off charging or recycling batteries; is local
preference included in the criteria; what are the criteria’s ability to integrate
with Big Blue Bus information; what is the thought to include absolute
limits; are we going to have real-time data in this next pilot; what analytics
do we have behind that data; how do we allocate fees if we have fluctuating
numbers throughout the seasons; are the fees based on the peak time of
year; when is the green lane paid for; shouldn’t language adjust in the
ordinance to give priority to companies who don’t encourage connecting
with their car services; what is the reasoning behind providing a priority to
companies that have the lock-to capabilities; what happens if we award
contracts to operators who decide to deploy a lower number than they are
permitted; control over pricing, is that to achieve any surge in pricing or
spike in pricing; are we doing anything about the identity of scooters and
which company they belong to; is there any thought about integrating all of
the modes of transportation to be available on one app; is there any way to
make sure devices are evenly distributed around town; how do we see the
balancing of mobilities going forward; are there devices in the market that
have kickstands to make it more difficult to knock down; have any of our
current operators pulled out of other markets; is the Capital Improvement
Plan (CIP) reimbursement still around $400,000; what’s the next CIP plan
for micro-mobility; what is our burden of cost for micro-mobility,
including staff; does the city ever elaborate on marketing with the vendors;
what are some of the innovations that the companies are working on; would
a company like Rebel, who has a different business model including a
moped, require a special permit or licensing; what is the Breeze cost to
operate; would staff envision having a consolidated transportation app; has
there been any thought of expanding the Breeze bike program to include
other electric bike companies; if Breeze closes in November and those
vehicles come off the market, how will that impact the number of micro-
mobility devices available; and, would a moped company be considered as
one of the two or three operators being selected.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer,
to approve the staff recommendation with the following changes: removing
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the swappable battery and lock-to requirements; extend the per-vehicle
public right of way fee until the CIP is repaid; add a local preference for the
selection process, that’s based on the number of employees in Santa
Monica; align the program with the real-time data agency as a goal; and,
exclude mopeds from this program, and that they should be regulated under
carshare regulations.
Councilmember Winterer, proposed a friendly amendment to propose
instead of swapping out batteries, ask to use the most sustainable process
for charging, and instead of using lock-to, say any tools that will get the
vehicles out of the public right-of-way safely parked; and, add a
requirement to be connected to mass transit through the apps. The motion
was considered friendly by the maker.
Councilmember Winterer, proposed a friendly amendment to add language
to give preference to systems that do not connect to automobile options.
The motion was not considered friendly by the maker.
Councilmember Winterer, made a few more friendly amendments to
include that there should be some public component to the request for
proposal (RFP) process. This was considered friendly to the maker.
Councilmember Winterer, proposed additional friendly amendments to
include: add using the MDS until the agency API is ready; once the $2
million that has been deployed for the green bike lanes is paid up by the
public right-of-way fee, impose a more modest public right-of-way fee in
order to have some revenue fund. This motion was not considered friendly
to the maker.
Councilmember Davis, proposed a friendly amendment to include in the
criteria about whether or not the respondents are operators in neighboring
cities. The motion was considered friendly by the maker and seconder.
Councilmember Davis, proposed a friendly amendment to include, in the
RFP the question of whether or not the operators have ever reduced their
fleet or pulled out of other jurisdictions. The motion was considered
friendly by the maker and seconder.
Councilmember Davis, proposed a friendly amendment to include in the
criteria, a preference from companies who won’t cross-promote to increase
their car share business. The motion was considered friendly by the maker
and seconder.
Councilmember Himmelrich, proposed a friendly amendment to include a
preference to companies that are willing to make their API and data
available to app developers to create a universal app that provides all
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modes of transportation. The motion was considered friendly by the maker
and seconder.
The Mayor restated the motion with amendments.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer,
to introduce for first reading the ordinance, with amendments. The motion
was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC HEARINGS:
WASTEWATER RATES
9.A. Public Hearing and Adoption of Resolution No. 11224 (CCS)
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, CALIFORNIA, REVISING WASTEWATER RATES
AND WASTEWATER SERVICES CHARGES”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing.
2. Receive public comment pursuant to Proposition 218 requirements.
3. Consider all protests against the proposed wastewater rate increases
that have been submitted in accordance with Proposition 218.
4. Adopt the attached resolution establishing a five-year schedule of
wastewater rate adjustments to go into effect on March 1, 2020 for
the first year. Subsequent increases for calendar years 2021 through
2024 will go into effect January 1 for each calendar year.
Members of the public Linda Lancaster (time donated by Stephen
Lancaster), Denise Barton, Zina Josephs, and Judy Abdo spoke to the
recommended action.
Questions asked and answered of staff included: if a person is conserving,
is it true that they will still get hit with that same 15% increase; do their
rates fluctuate; is SWIP part of wastewater; are the capital cost financed
through rates; and, has there been any consideration to include a rate for
greywater.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena,
to adopt the staff recommendation.
The City Clerk confirmed that the amount of protest letters received totaled
approximately 695, which is significantly below the required amount of
11,767 in order to consider the protest under Prop. 218. Therefore, the
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Council approved the motion to adopt Resolution No. 11224 (CCS) by the
following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
WATER RATES 9.B. Public Hearing and Adoption of Resolution No. 11225 (CCS)
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, CALIFORNIA, REVISING WATER RATES AND
WATER SERVICES CHARGES”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing.
2. Receive public comment pursuant to Proposition 218 requirements.
3. Consider all protests against the proposed water rate increases that
have been submitted in accordance with Proposition 218.
4. Adopt the attached resolution establishing a five-year schedule of
water rate adjustments to go into effect March 1, 2020 for the first
year. Subsequent increases for calendar years 2021 through 2024
will go into effect January 1 for each calendar year.
Members of the public Linda Lancaster, Denise Barton, Zina Josephs, Judy
Abdo, and Jon Wang spoke generally in favor of the recommended action.
Questions asked and answered of staff included: how much is the cost for
Metropolitan Water district water versus what we’re charging; are we really
getting more water from MWD than was estimated; are we keeping our
relationship open with MWD even once we become self-sufficient; the loan
that is taken out for SWIP, does it cover that entire project; are the rate
payers paying now for the 30 year loans on the water sufficiency projects;
if we’re trying to make it so that everybody is paying the same, why is the
residential tier rates much higher than commercial; and, isn’t this a climate
change to not have to continue on others to supply us.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena,
to adopt the staff recommendation.
The City Clerk confirmed that the amount of protest letters received totaled
approximately 714, which is significantly below the required amount of
11,767 in order to consider the protest under Prop. 218. Therefore, the
Council approved the motion to adopt Resolution No. 11225 (CCS) by the
following vote:
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AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
GOVERNMENT
ALLIANCE ON RACE
AND EQUITY
13.A. Request of Mayor McKeown and Councilmember Jara that the
Council allocate up to $5,000 of Council discretionary funds as a
matching grant to a committee of interdepartmental staff comprising
the Santa Monica cohort of the Government Alliance on Race and
Equity (GARE), to support programs and activities planned for the
City’s commemoration of Black History Month, was presented.
There were no members of the public present to speak on this item.
Motion by Councilmember Jara, seconded by Councilmember Winterer, to
adopt the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
LIBRARY BOARD 13.B. Appointment to one unscheduled vacancy on the Santa Monica
Library Board for a term ending on 6/30/2021, was presented.
There were no members of the public present to speak on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis, nominated John Hart.
Mayor McKeown, nominated Philip Tate.
John Hart was appointed by the following vote:
Hart: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day
Tate: Mayor McKeown
Mayor McKeown changed his vote to John Hart, thereby appointing John
Hart by acclamation to the Library Board for a term ending June 30, 2021,
with all members present.
SANTA MONICA PIER
CORPORATION
13.C. Appointment to one unscheduled vacancy on the Santa Monica
Pier Corporation for a term ending on 12/31/2021, was presented.
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Councilmember Morena
excused at 11:48 p.m.
Councilmember Morena recused himself from this item to avoid a possible
conflict of interest because his family owns a restaurant on the Pier.
There were no members of the public present to speak on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich, nominated Derek Devermont.
Councilmember Davis, nominated Kristin McCowan.
Mayor McKeown, nominated Nicholas Rolston.
Kristin McCowan was appointed by the following vote:
Devermont: Councilmembers Himmelrich, Winterer
McCowan: Councilmembers Davis, Jara, Mayor Pro Tem O’Day
Rolston: Mayor McKeown
Councilmembers Himmelrich, Winterer, and Mayor McKeown changed
their votes to McCowan, thereby appointing Kristin McCowan by
acclamation to the Santa Monica Pier Corporation for a term ending
12/31/2021, with all members present, except Councilmember Morena.
PREFERENTIAL
PARKING
Councilmember Morena
returned at 11:49 p.m.
Councilmember Winterer
excused at 11:50 p.m.
13.D. Request of Mayor McKeown that Council place on its agenda
on a date to be publicly noticed and on that date reconsider item 11-A
from the Council agenda of July 23, 2019 – a proposed resolution to
amend Preferential Parking Zone F to include the area generally
bounded by Highland Avenue, Ocean Park Boulevard, 11th Street,
Glenn Avenue, and the south City limit; as a condition precedent to
reconsideration of this item, the Council would be required to, at the
meeting for which the item appears on the agenda, vote, by a vote of
two-thirds of the Council members then present, to suspend Council
Rule 12(g), which requires that a motion to reconsider a legislative
action be brought by a Council member on the prevailing side, was
presented.
Councilmember Winterer recused himself because he lives in the
preferential parking zone that is being discussed.
Questions asked and answered of staff included, if a different staff member
brought this up, how many votes would be needed.
Member of the public Judy Abdo, spoke in opposition of the recommended
action.
Motion by Mayor McKeown, seconded by Councilmember Himmelrich, to
approve the recommendation. The motion was approved by voice vote with
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Councilmember Morena and Mayor Pro Tem O’Day opposing, with
Councilmember Winterer, absent.
PUBLIC INPUT:
Councilmember Winterer
returned at 11:59 p.m.
Member of the public Denise Barton commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:01 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
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