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m20220208 1 February 8, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 8, 2022 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:35 p.m., on Tuesday, February 8, 2022, via teleconference pursuant to Assembly Bill No. 361signed 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 Lana Negrete Councilmember Oscar de la Torre Councilmember Christine Parra 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 5:35 p.m., with all members present. Mayor Pro Tem McCowan led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Members of the public Denise Barton and Zina Josephs commented on closed sessions. On order of the Mayor, the City Council recessed at 5:40 p.m., to consider closed sessions and returned at 7:55 p.m., with all members present, except Councilmember Brock 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): Santa Monica Bayside Owners Association v. City of Santa Monica and the California Coastal Commission, Los Angeles Superior Court 21SMCP00269 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 DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 2 February 8, 2022 Councilmember Brock returned at 7:56 p.m. Code Section 54956.9(d)(2): Oceana Hotel The Interim City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 2828 Donald Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises (~5,285 sq. ft.), Hangars #6, # 26, and #31 (~5,380 sq. ft.), Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp (~64,460 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica, California (“Fuel Farm”) (~3,820 sq. ft.) consisting of three 12,000 gallon and one 500 gallon underground storage tanks and associated systems and equipment; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director; Owner of Record: City of Santa Monica; Persons to be negotiated with Atlantic SMO Holdings; Under negotiation: Ground Lease and Building Lease Terms. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.D. Public Employee Appointment: Title – City Attorney The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager Report, was presented. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton, Stan Epstein and People of CA commented on various Consent Calendar items. Staff requested to move Item 3.E. to be heard under the special joint meeting as Item 8.B. At the request of Councilmember Parra, Item 3.A was removed from the Consent Calendar. At the request of Councilmember Brock, Item 3.C was removed from the Consent Calendar. DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 3 February 8, 2022 Motion by Councilmember Davis, seconded by Councilmember Brock, to approve the Consent Calendar except for Items 3.A, 3.C and 3.E reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PUBLIC WORKS 3.B. Approval of Modification to Purchase Orders for Water Treatment Antiscalants & Cleaners, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the Procurement Manager to issue a change order to purchase order #22200672 in the amount of $210,000 with Avista Technologies for the provision of water treatment antiscalants and cleaner chemicals for the Public Works Department. This would result in a revised purchase order total not to exceed $685,000, with future year funding contingent on Council budget approval; and 2. Authorize the Procurement Manager to issue a change order to purchase order #22200758 in the amount of $100,000 with King Lee for the provision of water treatment antiscalants and cleaner chemicals for the Public Works Department. This would result in a revised purchase order total not to exceed $200,000, with future year funding contingent on Council budget approval. AB 361 3.D. Adoption of Resolution No. 11399 (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 approved. Recommended Action Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through March 10, 2022. MINUTES 3.E. Approval of minutes for Housing and Parking Authority meetings, was removed from the Consent Calendar and heard as Item 8.B. at the request of staff. Recommended Action DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 4 February 8, 2022 Staff recommends that the: 1. Housing Authority approve the minutes of the October 26, 2021 and November 23, 2021 meetings; and 2. Parking Authority approve the minutes of the October 26, 2021 meeting. MINUTES 3.F. Minutes of the City Council - Regular Meeting - January 11, 2022 5:30 PM, were approved. MINUTES 3.G. Minutes of the City Council - Special Meeting - January 29, 2022 10:00 AM, were approved. MINUTES 3.H. Minutes of the City Council - Special Meeting - February 2, 2022 6:00 PM, were approved. BERGAMOT STATION ARTS CENTER 3.A. Award Request for Proposal to Redcar Properties LTD and Authorize City Manager to Execute Contract No. 11240 (CCS) for Property Management for Bergamot Station Arts Center, was presented. Recommended Action 1. Award RFP# 303 to Redcar Properties LTD for property management services for the Community Development Department; 2. Authorize the City Manager to negotiate and execute an agreement with Redcar Properties LTD, for a management fee of up to $90,000 per annum for two years, three additional one-year renewal options, for a total amount not to exceed $450,000 and future year funding contingent on Council budget approval.e This item was pulled by Councilmember Parra to ask questions regarding increase of Common Area Maintenance (CAM) fees; who will determine the CAM charges and is there an opportunity to negotiate those charges; can there be a cap on the annual fees or cap the CAM charges; and, will there be a minimum community events requirement. Motion by Councilmember Parra, seconded by Councilmember Brock, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None 1333 Fourth Street 3.C. Approval of Third Lease Modification with JP Morgan Chase for 1333 Fourth Street Lease, was presented. DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 5 February 8, 2022 Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a lease modification with JP Morgan Chase to extend term from May 1, 2022 through April 30, 2026, providing a total of $4,022,120 in rental revenues during the four-year term. This item was pulled by Councilmember Brock to ask questions regarding the Chase lease and asked staff to clarify issues that were brought up by the public. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None STUDY SESSION: COVID-19 4.A. Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities, was presented. Recommended Action Staff recommends that the City Council review and comment on the Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities and the strategy outlined by the COVID-19 Emergency Operations Center. Members of the public Jill Hawkins, Frieda, Peggy Fisher, Jerome Courshon, Karen Harris, Diana Hinek, Robin Dunbar, Chevy Baruch, Pamela Abramson-Levine, Denise Young, Ana Thanawalla, Steven Muller, Ana Frank, Jason Mathbaum, People of California, Natalya Zernitskaya, John Katz and Sandra Ouban spoke on the recommendation. Questions asked and answered of staff included: are we prepared for another surge; why is it important to look at the reason cities defer to the Department of Public Health when making decisions to implement measures to protect health; how many collateral consequences are there as a result of COVID; are we at that point now where the hospitals are reaching capacity; how did the surge impact the hospitals, and how could this policy have changed things, if we approved it in the fall; what can we do to increase the number of people who get boosters in our community, and what increased outreach and education is the city doing; until the Council changes the definition of fully vaccinated, will that make a difference; and, in what ways are we looking to provide support and education to business owners who support a mask mandate and vaccinations. DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 6 February 8, 2022 Considerable discussion ensued on topics including, but not limited to: reminder that this is a public health emergency, and it makes sense to go with the County Health and Department of Public Health guidelines to protect the public health; expressed thanks to the EOC staff with providing small businesses with PPE supplies, and other measures to help them survive during this emergency; thank the restaurants and businesses in Santa Monica who encouraged their employees to get the vaccination to protect not just the customers, but to protect themselves and their families; residents want to feel safe when they go out to dine, and if staff can find ways to support and encourage local businesses who want to support mask mandate and proof of vaccination; the city needs to do more to encourage vaccinations and mask mandates; create more opportunities for residents to get vaccinated, booster shots and provide mask; if we find it necessary to impose a vaccination mandate in the future, include data, such as the people who died if they were vaccinated or unvaccinated; look at the numbers of people who are admitted to the hospital and whether or not they had COVID or did not have COVID; include information on natural immunity and how long it last; and what effects having COVID has on a person; and, those businesses who are checking for vaccinations should be acknowledged, recognized, and supported. Motion by Councilmember Davis, seconded by Councilmember Brock, to receive and file. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ORDINANCES: ARTS COMMISSION 7.A. Second Reading and Adoption of Ordinance No. 2693 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.64.020 TO DECREASE THE MEMBERSHIP OF THE ARTS COMMISSION FROM ELEVEN TO NINE MEMBERS”, was presented. Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Motion by Councilmember Brock, seconded by Councilmember Davis, to adopt 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, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 7 February 8, 2022 NOES: None ABSENT: None SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY AND PARKING AUTHORITY On order of the Mayor, the regular City Council meeting was recessed to reconvene to a joint meeting with the Housing Authority and the Parking Authority at 10:02 p.m., with all members present. REPORT ON MEETING COMPENSATION Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive $50 compensation for meeting as the Housing Authority and $50 for meeting as the Parking Authority. STAFF ADMINISTRATIVE ITEMS: FY 2021-22 MIDYEAR BUDGET 8.A. Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions, was presented. Recommended Action Staff recommends that the City Council, Housing Authority and Parking Authority: 1. Appropriate FY 2021-22 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2022- 23 budget plan (Attachment A); Staff also recommends that the City Council: 1. Receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast; 2. Direct staff to set aside $11 million in unprogrammed revenue to Assigned General Fund Reserves; 3. Adopt Resolution No. 11400 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR EXISTING CLASSIFICATIONS: ADMINISTRATIVE AIDE, ADMINISTRATIVE INTERN, ADMINISTRATIVE INTERN II, BUSINESS LICENSE SUPERVISOR, CROSSING GUARD, EQUITY AND INCLUSION MANAGER, FACILITIES ATTENDANT, LABORER TRAINEE, LIBRARY LITERACY PROGRAM ASSISTANT, LIBRARY PAGE, PRINCIPAL BUDGET ANALYST, PRINCIPAL BUYER, PRINCIPAL PROCUREMENT ANALYST, POLICE CADET, PRODUCTION ASSISTANT, SAFETY AND TRAINING SUPERVISOR, VIDEO INTERN, VIDEO TECHNICIAN I, AND VIDEO TECHNICIAN II” (Attachment B) and approve the position and classification changes (Attachment C); 4. Adopt Resolution No. 11401 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 8 February 8, 2022 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” (Attachment D); 5. Direct staff to proceed with research and analysis on various potential tax revenue measures; 6. Authorize the City Manager to negotiate and execute a second modification to agreement #10929 with Moss Adams LLP, a Washington-based company, for internal auditing services for the City Manager’s Office. The modification would increase the third year amount by $240,000 for a new amended total not to exceed $931,000, with future year funding contingent on Council budget approval, to complete a homeless services delivery audit and the Human Services Grants Program grantee monitoring; and 7. Approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021. Members of the public Denise Barton and Zina Josephs, spoke to the recommended action. Questions asked and answered of staff included: is it correct that the funding for the Pier Task Force is not included in this mid-year budget; can it be confirmed that those positions being filled are being filled with previous employees as part of the COVID layoffs; when does the 2-year retention deadline expire, and will previous employees be able to fill some of these positions; are we looking at federal funding to help some of the transportation initiatives and staffing; does Transportation have the staffing to take advantage of the Dept. of Transportation grants and funding, for example vision zero; is there any time when Council will be able to have a discussion about the Civic Auditorium, given the proposed CIP projects; is this taking into consideration things that have come up recently, like the Pier Task Force; was the small business liaison considered with the permit specialist position; why the increase now in HR and how does it encourage employee retention, and are these positions for recruitment; what would it cost to bring in an outside recruiter instead of hiring full-time employees; how much would it take to open Fairview Library a few days a week; how is the Ocean Park library drop off program working; what is the average transient occupancy tax (TOT) for neighboring cities; is there a point when visitors start to decline due to the high TOT rate; what’s the average parking fees for local areas and are we at the top of the scale; what is the business license modernization; will we go back to paying PERS the way we were before COVID; by adding the staff for Workers Comp, is it actually saving the city money; and, why is it necessary to add the DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 9 February 8, 2022 Executive staff person in the City Attorney’s Office. Considerable discussion ensued on topics including, but not limited to: concerns about the services that directly impact residents; would like to wait to hire staffing in the City Attorney until the new City Attorney is hired; we need more traffic and community officers and more public safety officers in the parks and streets; for all of the proposed taxes, can all of the neighboring cities be included and shared in the polling analysis; neighborhood funding and the newsletter should be included in the mid- year budget; frame the budget discussion by reflecting where we were before budget and where we would like to move forward with efficiencies; as part of the addition to the Police budget, include there is a need to support small businesses with safety and cleanliness; maybe coordinate city services to support small businesses; a good strategy to leverage city staff to receive grants; good that the city is looking into diversity and equity in procurement for underserved businesses; potentially increase the position in Finance that is being proposed; support a vendor cart coordinator for a future budget consideration; anything to support youth, seniors, and disabled in the city is a benefit, especially after COVID; microgrant programs should be incorporated in an upcoming budget; Motion by Mayor/Chair Pro Tem McCowan, seconded by Council/Authority Member Negrete, to adopt the staff recommendation to Appropriate FY 2021-22 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2022-23 budget plan. The motion was approved by the following vote: AYES: Council/Authority Members de la Torre, Brock, Negrete, Davis, Parra Mayor/Chair Pro Tem McCowan, Mayor/Chair Himmelrich NOES: None ABSENT: None Motion by Councilmember Negrete, seconded by Councilmember Davis, to receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast; and, to direct staff to set aside $11 million in unprogrammed revenue to Assigned General Fund Reserves. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember Negrete, seconded by Councilmember Davis, to adopt Resolution No. 11400 (CCS) establishing new classifications and DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 10 February 8, 2022 adopting salary rates for various positions (Attachment B) and approve the position and classification changes (Attachment C). The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember de la Torre, seconded by Councilmember Brock, to adopt Resolution No. 11401 (CCS) of the City Council of the City of Santa Monica revising the City’s master fine schedule for certain violations of the Santa Monica Municipal Code, eliminate overdue fines for adult cardholder accounts for the Santa Monica Public Library and to establish new non-standard fines for violations of the Second Shared Mobility Pilot Program Administrative Regulations. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember Parra, seconded by Councilmember Negrete, to direct staff to proceed with research and analysis on various potential tax revenue measures. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember Negrete, seconded by Mayor Himmelrich, to authorize the City Manager to negotiate and execute a second modification to agreement #10929 with Moss Adams LLP, a Washington-based company, for internal auditing services for the City Manager’s Office. The modification would increase the third-year amount by $240,000 for a new amended total not to exceed $931,000, with future year funding contingent on Council budget approval, to complete a homeless services delivery audit and the Human Services Grants Program grantee monitoring. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 11 February 8, 2022 Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None MINUTES 8.B Approval of minutes for Housing and Parking Authority meetings, was presented. Recommended Action Staff recommends that the: 1. Housing Authority approve the minutes of the October 26, 2021 and November 23, 2021 meetings; and 2. Parking Authority approve the minutes of the October 26, 2021 meeting. There was no public comment for this item. Motion by Authority Member Davis, seconded by Authority Member Negrete, to approve the minutes. The motion was approved by the following vote: AYES: Authority Members Parra, Davis, Negrete, Brock, de la Torre, Chair Pro Tem McCowan, Chair Himmelrich NOES: None ABSENT: None ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Chair/Mayor, the special joint meeting was adjourned at 12:25 a.m., and the regular meeting of the City Council was reconvened with all members present. COUNCILMEMBER DISCUSSION ITEMS: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNORS 13.A. Designation of City's voting delegate and alternate representative to Southern California Association of Governors (SCAG) General Assembly at the JW Marriott Desert Springs Resort & Spa, Palm Desert on May 5, 2022, was presented. There was no public comment for this item. Councilmember Brock volunteered to serve as the delegate representative. Councilmember de la Torre volunteered to serve as the alternate representative. DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 12 February 8, 2022 There being no other volunteers, Councilmember Brock was selected as the delegate representative and Councilmember de la Torre the alternate representative for the City of Santa Monica to Southern California Association of Governors (SCAG) General Assembly meeting on May 5, 2022. The selections were approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PAID PARENTAL LEAVE POLICY 13.B. Request of Mayor Pro Tem McCowan that the City Manager provide to the City Council as part of the FY 22/23 exception-based budget, information related to implementation of a paid parental leave policy for City staff that could take effect in FY 22/23, was presented. There was no public comment on this item. Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None SANTA MONICA- MALIBU UNIFIED SCHOOL DISTRICT 13.C. Request of Mayor Himmelrich, Council Member Davis, and Council Member Negrete that the City Council join with and support the Santa Monica-Malibu Unified School District (“SMMUSD”) in opposing a petition filed by certain individuals with the Los Angeles County Committee on School District Organization pursuant to SB 442 which became effective January 1, 2022. This petition seeks to compel SMMUSD to convert from at-large elections, which are required by Section 900 of the Santa Monica City Charter, to district based elections and to adopt a map of proposed districts that was drawn by the petition’s proponents without any input from SMMUSD stakeholders and which seems not to have been drawn in accordance with the California Elections Code, which sets forth a procedure for drawing such districts. This petition seeks to override the Santa Monica City Charter without a vote of the people and without a showing of any compelling interest that would justify doing so. In addition to stating its opposition to the petition, the Council authorizes the City Manager, including the City Attorney, to use City resources, as appropriate, to support the SMMUSD and to publicly oppose the nullification of the City charter in public media, at any hearing held by DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 13 February 8, 2022 the County Committee on School District Organization, and, if necessary, through litigation, was presented. Members of the public John King, Joe Patel, Patty Braun, Wade Major, Nicole Faries, Maria Leon-Vazquez, Ana Thanawalla, Jill Hawkins and Chevy Baruch spoke on the recommended action. Considerable discussion ensued on topics including, but not limited to, concern about how much financial resources are the city going to be spending, and, SB 442 has nothing to do with the unification process currently with Santa Monica-Malibu Unified School district; Motion by Councilmember Negrete, seconded by Councilmember Davis, to adopt the recommendation. Councilmember Brock proposed a substitute motion to remove “to use City resources, as appropriate” and “if necessary through litigation.” The motion died due to a lack of a second. The original motion was approved by the following vote: AYES: Councilmember Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmembers de la Torre, Brock ABSENT: None INDEPENDENT INVESTIGATION 13.D. Request of Councilmember Davis that the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation, was presented. There was no public comment on this item. Considerable discussion ensued on topics including, but not limited to: is this really necessary; concern about the cost of an investigation; additional training is needed instead of spending money on an investigation; this process will continue to divide the Council instead of improving relations; DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863 14 February 8, 2022 belief that this matter has nothing to do with training; this is about creating consequences for breaches; and, this investigation is about the integrity of the Council. Motion by Councilmember Davis, seconded by Mayor Himmelrich, to approve the recommendation. Substitute motion by Councilmember Brock, seconded by Councilmember de la Torre, to dedicate a portion of the Council retreat on March 25th to be spent on subsequent training to provide clarification to the Councilmembers on Brown Act, Ethics, and handling confidential information. The substitute motion failed by the following vote: AYES: Councilmembers Parra, Brock, de la Torre, NOES: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich ABSTAIN: Councilmember Negrete The original motion was approved by the following vote: AYES: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmembers Parra, Brock, de la Torre ABSENT: None PUBLIC INPUT: Members of the public Denise Barton and Danielle Charney commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:41 a.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 088D589F-A9AE-4792-8C70-FCA3F3B63863