m20201027.pdf
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October 27, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 27, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, October 27, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/awqpbxap
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Kristin McCowan
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all
members present.
CLOSED SESSIONS There were no callers 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 – Anticipated Litigation –
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): Threats of Litigation by SMB Broadway
Group LP; NMS 14277, LLC; NMS 1539, LLC; and NMS 1548, LLC
relating to application of residential leasing requirements in new Santa
Monica Municipal Code Chapter 6.22.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.B. Conference with Legal Counsel – Anticipated Litigation –
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): Threat of litigation by Held Properties,
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Inc. as a result of property damage to Santa Monica Medical Centre.
The Interim City Attorney advised this matter was a claim of property
damage done by a Resource Recovery and Recycling truck at 2001 Santa
Monica Blvd. The City does not admit the allegations made in the claim,
but to avoid the expense and burden of further litigation, the Interim City
Attorney recommended settlement in the amount of $29,727.33.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve Settlement Agreement No. 11101 (CCS), in the amount of
$29,728.33. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich,
McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Kendrick Azubuike v. City of Santa Monica, et
al., Central District of California, Case 19-CV-08536.
The Interim City Attorney advised this incident was a matter where Santa
Monica Police Department responded to a bar fight, where allegations of
excessive force were made. The City does not admit the allegations made
in the lawsuit, but after mediation to avoid the expense and burden of
further litigation, the Interim City Attorney recommended settlement in the
amount of $437,500.
Motion by Councilmember Himmelrich, seconded by Mayor McKeown, to
approve Settlement Agreement No. 11102 (CCS), in the amount of
$437,500. The motion was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.D. 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, Second District Court of Appeal, Case No. B295935, California
Supreme Court, Case No. S263972.
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The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. City Manager Report: Update on Economic Recovery, was
presented.
Questions asked and answered of staff included: where do members of the
public go to find out more about Santa Monica Cares, and the opportunities
being offered; are there any metrics to continue to measure the outcomes of
these programs beyond the current emergency; what is the city doing to
assure that the businesses are not having to redo construction in order to
meet the life/safety standards when building parklets; how is the fee study
going to affect and impact businesses in a positive way; and, what would
the process be for people and businesses to be involved in the kitchen
project.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton, Jonathan Foster, and, Thomas
Mondrano commented on various Consent Calendar items.
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
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 McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
REJECT BID 3.A. Reject All Bids for Q'Pod Wheelchair Restraint System Retrofit
Project, was approved.
Recommended Action
Staff recommends that the City Council reject all bids for Bid #4392 Q’Pod
wheelchair restraint system retrofit project for the Big Blue Bus
Department.
COST ALLOCATION
PLAN
3.B. Approval of Professional Services Agreement No. 11098 (CCS)
for User Fee/Cost of Services Study and Cost Allocation Plan, was
approved.
Recommended Action
Staff recommends that the City Council:
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1. Award RFP #265 to MGT Consulting Group, a Florida based
corporation, to conduct a comprehensive citywide review of user
fees and charges and develop and prepare a new Cost Allocation
Plan for the Finance Department;
2. Authorize the City Manager to negotiate and execute professional
services Agreement No. 11098 (CCS) with MGT Consulting
Group Corporation, in an amount not to exceed $127,070 for four
years, with one two-year renewal option for an amount not to
exceed $105,495 on the same terms and conditions, for a total
amount not to exceed $232,565 over a six-year period, with future
year funding contingent on Council budget approval.
VEHICLE RENTING
SERVICES
3.C. Approval of Purchase Order for Vehicle Renting Services with
Enterprise Rent-A-Car for Police Department, was approved.
Recommended Action
Staff recommends that the City Council authorize the Procurement
Manager to increase the purchase order for the Police Department with
Enterprise Rent-A-Car for vehicle rental services in an amount not to
exceed $78,812, which covers an overage on the previous Council budget
authorization and covers future services until the end of the contract on
January 11, 2021.
PROP 68/MEASURE A
GRANTS
3.D. Adoption of Resolution Nos. 11299 (CCS) and 11300 (CCS)
Authorizing Applications for Prop 68 Per Capita Grant Program and
Measure A Annual Allocations Grant Program, was approved and
adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11299 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING APPLICATION FOR PER
CAPITA GRANT FUNDS”;
2. Authorize the City Manager to execute all necessary documents to
apply for the Proposition 68 Per Capita grant and accept the grant if
awarded;
3. Adopt attached Resolution No. 11300 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE BLANKET AUTHORITY
TO FILE APPLICATIONS FOR GRANT FUNDS FROM THE
LOS ANGELES COUNTY REGIONAL PARK AND OPEN
SPACE DISTRICT FOR MEASURE A FUNDING FOR
PROJECTS AND PROGRAMS”;
4. Authorize the City Manager to execute all necessary documents to
apply for the Measure A grant and accept the grant if awarded; and
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5. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report, in the event that the
Proposition 68 Per Capita Program grant is awarded.
CONVENIENCE FEES 3.E. Adoption of Resolution No. 11301 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING CREDIT CARD AND DEBIT CARD
COVENIENCE FEES”, was approved and adopted.
Recommended Action
Staff recommends that the City Council:
1) Staff recommends that the City Council adopt attached Resolution
No. 11301 (CCS) authorizing the City to assess convenience fees
for payments made via credit and debit cards to pass through
merchant processing costs/fees to the customer.
2) Staff recommends that the City Council authorize an increase to the
contract authority in agreement #10517 (CCS) in the amount of
$3,120 with The Active Network Inc. to allow the City to absorb the
cost of electronic check transactions performed through the cloud-
based recreation management software system. This will result in an
8-year amended agreement with a new total amount of $486,660.
FUEL TANKS 3.F. Approval of First Modification to Agreement No. 11099 (CCS)
with Fleming Environmental for Inspections and Testing of
Underground Fuel Storage Tanks, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to Agreement No. 11099 (CCS)
in the amount of $91,730 with Fleming Environmental Inc. to perform
regular inspections and testing at City-owned underground fuel storage
tanks for the Public Works Department. This will result in a five-year
amended agreement with a new total amount not to exceed $171,730, with
future year funding contingent on Council budget approval.
RENTAL ASSISTANCE
PROGRAM
3.G. Approval of 2nd Modification of Agreement #11062 COVID
Rental Assistance Program, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second
modification to agreement #11062, formerly agreement #4752, in
the amount of $1,044,715 with St. Joseph Center to administer and
distribute rental assistance payments for Santa Monica renters under
the COVID-19 Emergency Rental Assistance Program for the
Community Services Department. This will result in a one-year
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amended agreement with a new total amount not to exceed
$3,121,514, with future-year funding contingent on Council budget
approval.
2. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
UTILITY
UNDERGROUNDING
3.H. Award Bid #4400 to VCI Construction, LLC for Utility
Undergrounding and Construction UUC1005, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4400 to VCI Construction, LLC to Provide Fiber Optic
Utility Construction for the Information Services Department, the
Community Broadband Division;
2. Authorize the Interim City Manager to negotiate contractual services
Agreement No. 11100 (CCS) with VCI Construction, LLC, a
California-based company, for as-needed services to build, expand
and maintain the City’s Fiber Optic Network for up to five years
with expected spending in the amount not to exceed $3,000,000 with
future year funding contingent on Council budget approval.
3. Authorize the Chief Information Officer to issue any necessary
change orders to complete additional work as required within budget
authority.
EMERGENCY
PROCLAMATION
3.I. Adoption of Resolution No. 11302 (CCS) entitled “AN
EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF
EXISTENCE OF LOCAL EMERGENCY AND SUPPLEMENTAL
PROCLAMATIONS THERETO”, was adopted.
Recommended Action
Staff recommends that Council adopt proposed Resolution No. 11302
(CCS) ratifying the Executive Order issued by the Director of Emergency
Services declaring the existence of a local emergency in the city of Santa
Monica and the Supplements to that Order.
MINUTES 3.J. City Council Minutes - Emergency Meeting - March 19, 2020,
were approved.
MINUTES 3.K. City Council Minutes - Special Meeting - October 17, 2020, were
approved.
ORDINANCES:
AFFORDABLE HOUSING
7.A. Second Reading and Adoption of Ordinance No. 2654 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
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SECTION 9.64.050 TO EXTEND THE REMOVAL OF THE
EXTREMELY-LOW INCOME AFFORDABLE HOUSING
CATEGORY”, was presented.
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 McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
RESIDENTIAL LEASING
REQUIREMENTS
7.B. Second Reading and Adoption of Ordinance No. 2655 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 6.22.020 AND 6.22.100 TO REVISE THE REQUIREMENTS
FOR PRIMARY RESIDENCE AND PROVIDE FOR CERTAIN
EXEMPTIONS FROM RESIDENTIAL LEASING REQUIREMENTS”,
was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, 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,
McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
AUTONOMOUS
DELIVERY VEHICLES
7.C. Introduction and Adoption of Emergency Ordinance No. 2656
(CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CREATING SANTA
MONICA MUNICIPAL CODE SECTION 3.12.1055 TO ESTABLISH A
ONE-YEAR MORATORIUM ON THE DEPLOYMENT AND
OPERATION OF AUTONOMOUS DELIVERY VEHICLES OR
DEVICES ON SIDEWALKS AND PEDESTRIAN PATHS OF
TRAVEL”, was presented.
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Recommended Action
Staff recommends that Council adopt the attached emergency ordinance to
establish a one-year moratorium on the deployment and operation of
autonomous delivery devices on City sidewalks and pedestrian paths of
travel in order to allow staff time.
Members of the public Noah Linkdman, Jill Perry, James Drulecky,
Michael Jordan, Zack Rash, Anthony Coon, Timothy Mosamba, Maggie
Silver, and George Fenuchi spoke to the recommended action.
Questions asked and answered of staff included: for clarification, are there
two options available, one would be to have boundary restrictions; is there
an insurance requirement for those who participate in the pilot, and if so,
how would the city make sure that the company has the necessary
insurance indemnification; is there a reason that it would take a full year for
a full variety of vendors to operate to see how the pilot goes; is the thought
that this one company should be the only one to operate in this pilot
without any competition; is there any thought about improving the
infrastructure to accommodate this types of modes of transportation; have
any drone companies come to the city; is there one person operating one
device, or is there one operator for multiple devices; who does this service
primarily provide service to; how many complaints have there been about
these bots; have there been any injury associated with these bots; where are
the humans located that operate the bots; are these bots safe in the public
right-of-way, and, what if the pilot is not available Jan. 1, 2021; how long
does the pilot last; what happens if the Council decides that this pilot
should go longer; what if other parts of the city decide they want to be part
of this pilot, how easily will it be to allow them to participate in the pilot;
what kind of outreach is being planned to notify businesses that this
program is coming; and, what are we learning about our own nimbleness to
allow future technologies to come into town, without causing disruption.
Considerable discussion ensued on topics including, but not limited to:
safety concerns in the public right-of-way; allow the current operator to
start back up until January 1st, and then only have the moratorium on
autonomous bots; the moratorium only apply to autonomous, but allow
human controlled bots, with zero emission; may want to consider how this
effects humans who are doing deliveries; concern about this hitting our
streets with no rules or expectations; and, safety requirements to be in the
zero emission zone as part of the pilot program.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
introduce and adopt the ordinance reading by title only and waiving further
reading thereof, approving staff recommendation for the moratorium with
two modifications: 1) Alternate 1 proposal to allow human piloted bot
delivery vehicles into the zero emissions zone, and 2) the moratorium on
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these devices do not become effective until Jan. 1, 2021, when the pilot
program begins, to resume operations and comply with certain
requirements including having a business license and insurance
indemnification.
Proposed language from the Interim City Attorney:
Differentiate between autonomous and remotely controlled delivery
vehicles or devices, retain the moratorium from Oct. 28, 2020 through Oct.
28, 2021, for autonomous delivery vehicles or devices, and define
autonomous delivery vehicles or devices to mean those devices that are
guided or controlled without a human operator; define remotely controlled
devices to mean a motorized vehicle or device used to transport items,
products, or other materials on city sidewalks that is guided and controlled
with a human operator; beginning Jan. 1, 2021, or at such time as the pilot
program commences, and ending Oct. 28, 2021, this would affect the
moratorium for remotely controlled delivery vehicles or devices; we would
have a moratorium, except for those that are operating as part of the pilot
program in Santa Monica being overseen by Los Angeles Cleantech
Incubator (LACI); those autonomous or remotely controlled delivery
devices that aren’t prohibited by this section, shall comply with all
requirements, imposed as conditions of the grant to the operator of a
required Santa Monica business license.
The motion, with the amendments was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SPECIAL JOINT
MEETINGS
On order of the Chair/Mayor, the City Council convened to a joint meeting
with the Public Financing Authority, Housing Authority and Parking
Authority at 9:07 p.m., with all members present.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive no compensation as the Public Financing Authority,
$50 compensation for meeting as the Parking Authority and $50 for
meeting as the Housing Authoring.
MINUTES 8.A. Approval of minutes for Public Financing Authority meeting,
was presented.
Recommended Action
Staff recommends that the Public Financing Authority approve the minutes
of the November 12, 2019 meeting.
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Motion by Authority Member Winterer, seconded by Authority Member
McCowan, to approve the minutes. The motion was approved by the
following vote:
AYES: Authority Members Jara, Winterer, Davis, Himmelrich,
McCowan, Vice Chair O’Day, Chair McKeown
NOES: None
ABSENT: None
ADJOURN SPECIAL
MEETING
On order of the Chair, the special meeting of the Public Financing
Authority was adjourned at 9:08 p.m.
BUDGET 8.B. Fiscal Year 2019-20 Year-End Budget Changes; and Fiscal
Year 2020-21 Budget, Position and Compensation Changes, was
presented.
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking
Authority:
1. Approve changes to the FY 2019-20 Revised Budget as detailed
in Attachment A;
2. Approve changes to the FY 2020-21 Adopted Budget, including the
appropriation of CARES CRF funds received, as detailed in
Attachment B.
Staff also recommends that the City Council:
1. Review the City’s year-end financial status; and
2. Adopt Resolution No. 11303 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR FIRE PREVENTION COORDINATOR,
SENIOR TRANSIT MAINTENANCE WORKER, AND TRANSIT
SAFETY, SECURITY AND TRAINING TECHNICIAN”; and
3. Approve the position and classification changes (Attachment D).
Members of the public Juan Matute, Shawn Landres, Denise Barton, Burt
Champagne, Manuel Vazquez, and, Jame Smith spoke to the recommended
action.
Questions asked and answered of staff included: with West Coast Care
moving, are they essentially going to be operating out of Fire Station 7 at
the beach; where are things with the staffing at Fire Station 7; what is being
reinstated in Public Landscaping, and does it involve any outsourcing, and
is it only for the weekend; does the city currently have a power washer; is
there any anticipation a department name change with the merge of
Mobility into Big Blue Bus; what happens with staff seniority when two
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departments are merged together; will the staff physically move with the
merge of the two departments; where do things stand with the Police
budget; how will the integration between two different departments merge
to be beneficial so that it doesn’t negatively impact one group or another; is
staff opening to forming a Mobility commission;
Motion by Commissioner/Authority/Councilmember Winterer, seconded by
Commissioner/Authority/Councilmember Davis, to approve changes to the
FY 2019-20 Revised Budget, and, approve changes to the FY 2020-
21 Adopted Budget, including the appropriation of CARES CRF funds
received, with two modifications: 1) making the positions at Fire Station 7
permanent positions, and 2) take $20,000 from the Economic Recovery Fund
and use that to augment the increase of $30,000 to West Coast Care to
$50,000. The motion was approved by the following vote:
AYES: Commissioner/Authority/Councilmembers McCowan,
Himmelrich, Davis, Winterer, Jara,
Mayor/Chair Pro Tem O’Day, Mayor/Chair McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to: review the City’s year-end financial status; adopt
Resolution No. 11302 (CCS) entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW
CLASSIFICATIONS AND ADOPTING SALARY RATES FOR FIRE
PREVENTION COORDINATOR, SENIOR TRANSIT MAINTENANCE
WORKER, AND TRANSIT SAFETY, SECURITY AND TRAINING
TECHNICIAN”; and, approve the position and classification changes. The
motion was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to give direction to staff to explore institution of a new Mobility
Commission. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
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ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting with the Housing
Authority and Parking Authority was adjourned at 10:29 p.m., and the
regular meeting of the City Council was reconvened with all members
present.
COUNCILMEMBER
DISCUSSION ITEMS:
URBAN FOREST TASK
FORCE
13.A. Recommendation to accept Hans Baumann's resignation from
the Urban Forest Task Force and authorize the City Clerk to publish
the vacancy, was presented.
There were no members of the public to call in for this item.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to
accept the resignation with regret. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich,
McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
MAIN STREET BUSINESS
IMPROVEMENT
ASSOCIATION
13.B. Request of Councilmembers Davis, McCowan, and Winterer to
use $5,000 of Council discretionary funds to provide the Main Street
Business Improvement Association, a community benefit non-profit,
with a $5,000 matching challenge grant to support the 2020 re-creation
of the beloved public art installation, the Shopping Cart Holiday Tree
on Main Street. The $5,000 will be released once matching funds are
raised. This grant is a one-time only grant to help preserve this
longstanding Main Street tradition in this extraordinary year, was
presented.
There were no members of the public to call in for this item.
Motion by Councilmember Davis, seconded by Councilmember McCowan,
to approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Meredith Coon and Denise Barton commented on
various local issues.
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ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:39 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
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