m20211214.pdf 1 December 14, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 14, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:33 p.m.,
on Tuesday, December 14, 2021, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor
Gavin Newsome at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Oscar de la Torre (arrived at 5:45 p.m.)
Councilmember Christine Parra
Absent: Councilmember Lana Negrete
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:33 p.m., with all
members present except Councilmembers Negrete and de la Torre.
Mayor Pro Tem McCowan led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS
Councilmember de la Torre
arrived at 5:45 p.m.
Member of the public Denise Barton commented on closed session items.
On order of the Mayor, the City Council recessed at 5:37 p.m., to
consider closed sessions and returned at 6:35 p.m., with all members
present except Councilmember Negrete, to report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): Santa Monica Bayside Owners Association v. City of
Santa Monica, California Coastal Commission, Los Angeles Superior
Court, Case No. 21SMCP00269
The Interim City Attorney advised this matter was heard with no
reportable action taken.
1.B. Conference with Legal Counsel – Existing Litigation –
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Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): EJA Associates, L.P. v. City of Santa Monica and
Downtown Santa Monica, Inc. Los Angeles Superior Court, Case No.
20SMCV01103 and EJA Associates, L.P. v. City of Santa Monica and
Downtown Santa Monica, Inc. Los Angeles Superior Court, Case No.
20SMCV01550
The Interim 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 Gov. Code Section
54956.9(d)(1): City of Arcadia et al. v. Southern California Edison
Company, Santa Barbara Superior Court, Case No. 20CV02026
The Interim City Attorney advised this matter was heard with no
reportable action taken.
1.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): Yazhari v City of Santa Monica, Los Angeles Superior
Court, Case No: 20STCV26250
The Interim City Attorney advised this matter was heard with no
reportable action taken.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he attended the League of CA cities
Christmas event in downtown Los Angeles at the California Club on
December 10th.
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 Council and the Redevelopment
Successor Agency, the Mayor, with the consensus of the
Councilmembers, convened to a joint meeting at 6:38p.m., and the two
Consent Calendars were heard concurrently, with all
Agency/Councilmembers present except Agency/Councilmember
Negrete.
All items were considered and approved in one motion unless removed
by an Agency/Councilmember for discussion.
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Member of the public Stan Epstein commented on various Consent
Calendar items.
At the request of staff, Item 3.F was removed from the Consent Calendar.
At the request of Agency/Councilmember Davis, Item 3.M was removed
from the Consent Calendar.
At the request of Agency/Councilmember Brock, Items 3.D and 3.J were
removed from the Consent Calendar.
Motion by Agency/Councilmember Brock, seconded by Agency/
Councilmember Davis, to approve the Consent Calendar except for Items
3.F, 3.M, 3.D and 3.J, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Agency/Councilmembers Parra, Davis, Brock, de la Torre,
Chair/Mayor Pro Tem McCowan, Chair/Mayor Himmelrich
NOES: None
ABSENT: Agency/Councilmember Negrete
COMMUNICATION
SYSTEMS
3.A. Approval of Fourth Modification to Saddle Peak Antenna Site
Lease Agreement to Support City Radio and Data Communication
Systems with its Buses, was approved.
Recommended Action
Staff recommends that City Council authorize the City Manager to
negotiate and execute a fourth modification to agreement #8377 in the
amount of $330,813 with American Tower Corporation, a Delaware-
based company, for an antenna site lease. This would result in a five-year
amended agreement with a new total contract amount not to exceed
$1,129,641, with future year funding contingent on Council budget
approval.
TELECONFERENCE
MEETINGS
3.B. Adoption of Resolution No. 11390 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING FINDINGS AS REQUIRED BY AB 361 TO
PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK
FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY
TELECONFERENCE WHILE THE COVID-19 EMERGENCY
REMAINS IN PLACE”, was adopted.
Recommended Action
Staff recommends that Council adopt a resolution making the findings
required by AB 361 to continue teleconference meetings of the City
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Council and City Boards, Commissions, and Task Forces after December
23, 2021 and through January 13, 2022.
ALCOHOLIC BEVERAGE
CONTROL GRANT
3.C. Authorization to accept Grant from the California
Department of Alcoholic Beverage Control (ABC), was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the
amount of $20,000 from the California Department of Alcoholic
Beverage Control (ABC) for the 2021-22 ABC-OTS Grant
Program.
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
2501 2ND STREET 3.E. Adoption of Resolution No. 11391 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING THE FINAL PARCEL
MAP FOR TRACT NO. 78204 TO SUBDIVIDE A PROPERTY AT
2501 SECOND STREET”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
accepting and approving Final Parcel Map No.78204 for a 3-unit
condominium project located at 2501 Second Street.
EMPLOYEE SUPPORT
SERVICES
3.G. Approval of Modification of Agreement No. 11048 (CCS) with
BetterUp for Employee Support Services, was approved.
Recommended Action
Staff recommends that the City Council approve the second modification
to the BetterUp Enterprise Agreement and authorize the City Manager to
negotiate and execute an agreement with BetterUp Inc. for a four-month
pilot program to provide employee support services in the amount not to
exceed $40,000 for a total amount not to exceed $292,500. The term of
the agreement does not change and expires June 30, 2022. This
recommended award is made as an exception to the competitive bidding
process pursuant to Section 2.24.250 (a) with future year funding
contingent on Council budget approval.
LOW-MOD HOUSING 3.H. Annual Report on Low-Mod Housing Income Asset Fund, was
approved.
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Recommended Action
Staff recommends that the Redevelopment Successor Agency:
1. Receive the Annual Report on the Low- and Moderate-Income
Housing Asset Fund for Fiscal Year 2020-21 and authorize the
City Manager to post the report on the City's website by December
31, 2021; and
2. Direct the City Manager to present the independent audit of the
Low- and Moderate-Income Housing Asset Fund to the Council
upon completion of the independent audit of the City’s Annual
Comprehensive Financial Report (ACFR) and authorize the City
Manager to post the results of the audit on the City's website after
presentation to City Council.
RECOGNIZED
OBLIGATION PAYMENT
SCHEDULE
3.I. Approval of Annual Recognized Obligation Payment Schedule
(ROPS), was adopted.
Recommended Action
Staff recommends that the Redevelopment Successor Agency adopt
Resolution Nos. 39 (SA) and 40 (SA) approving the Agency’s recognized
obligation payment schedule and administrative budget for July 1, 2022
through June 30, 2023.
SANTA MONICA
TRAVEL & TOURISM
3.K. Authorization of Memorandum of Understanding No. 11229
(CCS) and Agreement No. 11230 (CCS) with Santa Monica Travel &
Tourism for Voluntary Tourism Services District, was approved.
Recommended Action
Authorize the City Manager to negotiate and execute a Memorandum of
Understanding and License Agreement with Santa Monica Travel and
Tourism for purposes of creating a voluntary tourism services district to
support enhanced clean and safe services along Ocean Front Walk and
the adjoining public right of way.
OUTDOOR DINING FEE
WAIVER
3.L. Adoption of Fee Resolution No. 11392 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA WAIVING CERTAIN FEES ON A TEMPORARY BASIS
TO FURTHER STIMULATE ECONOMIC RECOVERY”, was adopted.
Recommended Action
Staff recommends that the City Council adopt a Fee Resolution
to authorize the extension of fee waivers until June 30, 2022 for outdoor
dining permits and monthly outdoor dining license fees, and the Santa
Monica Outdoors Temporary Use program pursuant to Santa Monica
Municipal Code Chapter 6.40.
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SEISMIC STRUCTURAL
ANALYSIS
3.D. Approval of Second Modification Extending Term of
Professional Services Agreement with Degenkolb Engineers for
Seismic Structural Analysis and Plan Review Services, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10635 (CCS)
with Degenkolb Engineers for seismic structural analysis review and
seismic plan review services for the Community Development
Department. This modification will extend the term by one year and will
result in a five-year amended agreement.
Councilmember Brock requested that this item postponed to the January
11, 2022 City Council meeting, and have the existing contract attached.
Mayor Himmelrich made a friendly amendment to move Item 3.J with
Item 3.D.
The amendment was friendly to the maker.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
SEISMIC STRUCTURAL
ANALYSIS
3.J. Approval of Second Modification of Term Extension for
Professional Services Agreement with IDS Group for Seismic
Structural Analysis and Plan Review Services, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10636 (CCS)
with IDS Group, Inc. for seismic structural analysis review and seismic
plan review services for the Community Development Department. This
modification will extend the term by one year and will result in a five-
year amended agreement.
Councilmember Brock requested that this item postponed to the January
11, 2022 City Council meeting, and have the existing contract attached.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommendation.
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The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
PARKING FACILITIES 3.F. Approval of Fourth Amendment to Parking Lease Agreement
No. 10740 (CCS) with Macerich for Lease, Operations and
Maintenance of Parking Facilities, was presented.
Recommended Action
Staff recommends that the Council authorize the City Manager to enter
into a Fourth Amendment to Agreement for the Lease, Operations and
Maintenance of Parking Facilities with Macerich SMP LP in order to:
1. Approve the installation and designation of four (4) new electrical
vehicle charging stations with dedicated parking at Parking
Structure 7 on Level 5; and
2. Authorize Macerich to negotiate and enter into a license
agreement, subject to City approval, to permit a new pre-payment
parking program at Parking Structures 7 and 8.
Staff pulled the report to ask Council to approve only the first
recommendation and to pull the second recommendation from
consideration at this time.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to
approve the installation and designation of four (4) new electrical vehicle
charging stations with dedicated parking at Parking Structure 7 on Level
5.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
849 OCEAN AVENUE 3.M. Approval of Statement of Official Action for 849 Ocean
Avenue Denying CUP Applications for Oceana Hotel, was presented.
Recommended Action
Staff recommends that City Council approve the attached Statement of
Official Action denying the Appeals of the Planning Commission’s denial
of Conditional Use Permit Applications 20ENT-0237 and 21ENT-0090
to allow the Oceana Hotel’s existing restaurant to provide meal and
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alcohol service to the general public.
Councilmember Davis pulled this item to abstain from voting because she
was not being present for the initial hearing.
Motion by Mayor Himmelrich, seconded by Councilmember de la Torre,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSTAIN: Councilmember Davis
ABSENT: Councilmember Negrete
ADJOURNMENT OF
SPECIAL MEETING
On order of the Chair/Mayor, the special joint meeting with the
Redevelopment Successor Agency was recessed at 6:51 p.m., and
the regular meeting of the City Council was reconvened, with all
members present except Councilmember Negrete.
ORDINANCES:
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
7.A. Approval of Revisions to the Public Safety Reform and
Oversight Commission Ordinance, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance to amend Santa Monica Municipal Code Chapter 2.50
to make revisions and clarifications to the composition, scope of powers
and duties, and reporting processes of the Public Safety Reform and
Oversight Commission and its Inspector General.
Member of the public Ericka Leslie and another unknown member of the
public spoke to the recommended action.
Questions asked and answered of staff included: is it true that the city has
to meet and confer with the union on these types of matters; is it
appropriate to require an annual report that is broken down by race,
ethnicity and diversity, and how does the Council ask for this
information; and, why was the $5,000 settlement necessary as part of this
agreement.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
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NOES: None
ABSENT: Councilmember Negrete
STAFF
ADMINISTRATIVE
ITEMS:
1318 FOURTH STREET
8.A. Adoption of CEQA Findings and Authorization to enter into
Agreement with EAH, Inc. for the 1318 Fourth Street Affordable
Housing Development, was pulled at the request of staff.
Recommended Action
Authorize the City Manager to negotiate and execute an Exclusive
Negotiating Agreement with EAH, Inc. for a mixed-use, affordable
housing development on the City-owned site located at 1318-20 Fourth
Street and adopt the CEQA Findings in this Staff Report under
“Environmental Status”.
BOARDS AND
COMMISSIONS
8.B. Discussion and Approval of Recommendations from the
Boards and Commission Ad Hoc Committee and other Related
Policies, was presented.
Recommended Action
Staff recommends that the City Council:
1) Review and discuss recommendations from the Boards and
Commission Ad Hoc committee, including consolidation, term
limits for members and for Chairs and Vice Chairs, appointment
methodology, changing requirements for specific qualifications;
clarify serving on more than one board at a time; clarify
expectations and additional training for Chairs, and making
changes effective January 1, 2022;
2) Direct staff to return to Council with a resolution incorporating
the recommended procedural changes previously approved by
Council including: Council liaisons would be limited to serve on a
maximum of two commissions a year, with quasi-judicial bodies
exempt; changes to the Chair and Vice Chair rotation by election;
reduce the Urban Forest Task Force from nine to seven members,
reduce the Arts Commission from eleven to nine members, and
any procedural changes approved at this meeting;
3) Direct staff to come back with an updated Civility Policy for both
members of the public, as well as members of the bodies;
4) Direct staff to return with information for a ballot measure to
move the Charter boards and commissions to the Santa Monica
Municipal code; and,
5) Approve a policy permitting boards and commissions to meet
quarterly for the first quarter of 2022 or until the end of fiscal year
2022, and direct staff to come back with options for returning to
in-person meetings.
Members of the public Denise Barton, Alex Elliot and Jonathan Foster
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spoke to the recommended action.
Questions asked and answered of staff included: why did the ad hoc
committee decide to merge the Disability Commissions with other
Commissions; does the West Valley Water District also provide a stipend
to board members; is our MWD a part of West Valley Water District;
what is the proposed, updated civility policy; was the current civility
policy reviewed and deemed inadequate; and, what are the advantages
and disadvantages of moving the Charter boards and commissions to the
Santa Monica Municipal Code.
Considerable discussion ensued on topics including, but not limited to,
keeping the Disabilities commission as its own commission, and maybe
incorporate mental health under this commission.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
approve the recommendations from the Boards and Commission Ad
Hoc committee, including:
a. Consolidation of the Social Services Commission, the
Commission on the Status of Women, and the Commission on the
Senior Community into one newly named Commission; and
leaving the Disabilities Commission as a standalone.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
have staff return to Council with better and less costly options to support
Boards and Commissions that includes non-specialized, centralized staff
to do the administrative work associated with the commissions. The
motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Mayor Pro Tem McCowan, seconded by Councilmember
Davis, to direct staff to return to Council with a resolution incorporating
the recommended procedural changes previously approved by
Council including: Council liaisons would be limited to serve on a
maximum of two commissions a year, with quasi-judicial bodies exempt;
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changes to the Chair and Vice Chair rotation by election; reduce the
Urban Forest Task Force from nine to seven members, reduce the Arts
Commission from 11 to nine members, and any procedural changes
approved at this meeting, and, approve a policy permitting boards and
commissions to meet quarterly until the end of fiscal year 2022, and
direct staff to come back with options for returning to in-person meetings.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Mayor Pro Tem McCowan, seconded by Councilmember
Brock, to direct staff to come back with an updated Civility Policy for
both members of the public, as well as members of the bodies and
clarifying expectations on civility and create additional training for
Chairs and Vice Chairs. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Brock, seconded by Councilmember Davis, to
direct staff to return with information for a ballot measure to move the
Charter boards and commissions to the Santa Monica Municipal Code.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Mayor Pro Tem McCowan, seconded by Councilmember
Davis, to not change the appointment methodology, requirements and/or
specific qualifications for applicants and clarify that the limitations of
serving on more than one board at a time does not apply to
advisory committees. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Brock, seconded by Mayor Pro Tem
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McCowan to establish term limits for members of the following
boards/commissions/regional boards: Clean Beaches and Ocean Parcel
Committee members shall be appointed for 4-year seats for two
consecutive terms, with request for a third term with a supermajority vote
from Council; West Vector and MWD are limited to serving two
consecutive terms. However, a third consecutive term may be served if
the member makes a written request to serve a third term, or a
Councilmember nominates a member to a third term, and the City
Council approves the third term by a two-thirds vote. The current
members shall serve the remainder of their term but shall be ineligible to
serve any subsequent term.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
COUNCILMEMBER
DISCUSSION ITEMS:
HOMELESS
ASSISTANCE
13.A. Request of Councilmembers Brock, Parra and de La Torre
that the City Manager, as a matter of urgency, make available to the
full Council, Santa Monica residents and the public, the following
information regarding homelessness assistance in the city: contact
information for members of the community who may encounter an
individual or individuals experiencing homelessness and in need of
assistance for shelter or psychiatric/mental health crisis. This
information should include details gathered in response to inquiries
from the Council Ad Hoc Commission on Homelessness; should
include local and regional street-based outreach teams and their
contact information; should include a Map of street-based outreach
teams’ coverage and hours of operation in the city; should include a
Map and Public Directory of all available public restrooms and
hours of operation; should include existing shelters and hygiene
services for people experiencing homelessness or in medical or
mental health crisis; should include all existing funding sources for
such services; and should include suggested opportunities to add new
resources to the system of care, including but not limited to
identifying city-owned land and sites that could provide additional
temporary shelter capacity, was presented.
Members of the public Denise Barton, Jonathan Foster and Shannon
Yoshikawa spoke on the recommended action.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to approve the recommendation, with direction staff to add how
we assess best practices on data gathering and reporting to monitor and
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improve service delivery and program effectiveness. The motion was
approved by the following vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
PUBLIC INPUT: Members of the public David Morris, Teresa Marasco, Michael, Olga
Zurawaska, Michelle Grey and Jonathan Foster commented on various
local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:59 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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