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m20220222 1 February 21, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 22, 2022 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:36 p.m., on Tuesday, February 22, 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 5:36 p.m., with all members present. Councilmember Parra led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 7:16 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): Oceana Hotel The City Attorney advised a settlement agreement was reached with counsel for the Oceana Hotel that would result in termination of threatened litigation over alleged procedural irregularities in the City Council’s proceedings on November 23, 2021, which resulted in the technical denial of a Zoning Ordinance Text Amendment and Condition Use Permits for the Hotel. The settlement provides: • that Oceana will waive and release all claims arising from actions DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 2 February 21, 2022 taken at the November 23, 2021 hearing upon the City Council holding a de novo hearing to reconsider the Text Amendment and CUPs before a full City Council meeting in chambers before June 30, 2022. • tolls the statute of limitations to file a writ proceeding challenging the Council’s previous actions if the de novo hearing is not timely held until July 15, 2022; • limits Oceana’s rights to future judicial review to the actions taken at the new de novo hearing. The City Attorney’s Office recommended the City Council approve the settlement. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to approve Settlement Agreement No. 11241 (CCS). 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 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Wolfgang Mountford v. City of Santa Monica, U.S. District Court Case No. 2:20-CV-07220-MCS (Ex) The Interim City Attorney advised this matter was heard with no reportable action taken. 1.C. Public Employee Appointment: Title – City Attorney The Interim City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 3 February 21, 2022 Monica City Employees The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager Report, was presented. Members of the public Zina Josephs, Andrew Wilder, John Alle, Alan Levinson, and Ben Wang. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. 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 each the City Council and the Redevelopment Successor Agency, on order of the Mayor and with the consensus of the Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 7:53 p.m., the two Consent Calendars were heard concurrently, with all members present. There was no public comment on the Consent Calendar. At the request of Agency/Councilmember de la Torre, Item 3.A was removed from the Consent Calendar. Motion by Agency/Councilmember Brock, seconded by Agency/ Councilmember Parra, to approve the Consent Calendar except for Item 3.A, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency/Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Chair/Mayor Pro Tem McCowan, Chair/Mayor Himmelrich NOES: None ABSENT: None RECRUITING SERVICES 3.B. Approval of Agreement No. 11242 (CCS) with Robert Half International, Inc. for Recruiting Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a Professional Services Agreement with Robert Half International, Inc. for recruitment services for the Information DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 4 February 21, 2022 Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $60,000 with future year funding contingent on Council budget approval. ANNUAL INVESTMENT POLICY 3.C. Annual Investment Policy Update, was approved. Recommended Action Staff recommends that the City Council: 1. Review and approve the City’s revised Investment Policy; 2. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2022 through February 28, 2023. Staff also recommends that the Successor Agency Governing Board: 1. Review and approve the City Investment Policy for Successor Agency Investments; 2. Extend investment authority to the Treasurer of the Successor Agency, from March 1, 2022 through February 28, 2023. MINUTES 3.D. Minutes for Redevelopment Successor Agency meetings, were approved. Recommended Action Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 14, 2021 meeting. MINUTES 3.E. Minutes for the City Council - Special Meeting - January 25, 2022, were approved. MINUTES 3.F. Minutes for the City Council - Regular and Special Joint Meeting - February 8, 2022 5:30 PM, were approved. SANTA MONIC POLICE DEPARTMENT 3.A. Approval of Agreement No. 11243 (CCS) with Dooley Enterprises, Inc. for Purchase of Ammunitions for the Santa Monica Police Department, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Dooley Enterprises, Inc., a California-based company, for ammunitions for the Police Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $550,000 for a five-year period with future year funding contingent on Council budget approval. This item was pulled by Councilmember de la Torre to ask questions of DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 5 February 21, 2022 staff including: State requirement and standards to maintain ammunition; is this the ammunition used for practice; how much ammunition does a Police department need to maintain at one time; and, is this for a new five-year appropriation, which would be beyond what we currently have. Motion by Brock, seconded by de la Torre, to approve the recommended action, 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 ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Mayor, the joint meeting with the Redevelopment Successor Agency was adjourned by 8:00 p.m., and the regular City Council meeting was reconvened, with all members present. STUDY SESSION: SIDEWALK VENDING 4.A. Citywide Response to Sidewalk Vending, was presented. Recommended Action Staff recommends that the City Council review and comment on the Study Session on the Citywide Response to Sidewalk Vending including input on the future direction of the City's Pier Task Force. Members of the public Joanie Gordon, Gilbert Saucedo, Cindy Pfifer, Victor Narro, Cynthia Anderson-Barker, Hunter Hall, Paul Garnica, Jim Lafferty, I.R., Kelly Alacqua, Michael King, Cameron Chapman-Pinto, small business owner, Eleanor Camner, Sam Pope, Albin Gielicz, Dylan Lee, Cheyenne Murphy, Misti Kerns, Dr. Michael Gruning, Sergio Jimenez, Susan Hosier, Kendall Langs, Isabelle Geczy, Sarah Handloser, Colleen Flynn, Nathan, Joe Antognini, Matt Stauffer, Rebecca Brown, Pam O’Connor, Diego Santillan, Alejandra Pedroza, Miguel Velazquez, Elizabeth Garcia, Lourdes Vallavargas, John Camacho, Sandra Lopez, Karina Hernandez, and, Christian Contreras spoke on the recommendation. Questions asked and answered of staff included: what is the plan going forward on addressing the issues at the Pier; is this sort of task force necessary to maintain for the long term considering the amount of visitors the city receives; would there be one or two teams instead of rotating out officers; have revenue lost for businesses before the task force been reviewed; is state funding available to support the effort to deal with the consequences of unpermitted vending; is there staffing cost towards cleaning and safety that can be used to support the increase in cost for the task force; is there an economic strategy for the Pier, and does this tie into that at all; for permitted vendors, is there an opportunity for them to have DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 6 February 21, 2022 better location, placement, or better coordination; do new positions need to be added, or can positions that were cut during the pandemic be added instead; would the return of a Fire Marshal position be cost-neutral and offset due to fees; is private security needed at this point; if Option 3 is decided, is there an ability to build back up to Option 2, if an adjustment is needed; are we ahead or behind on our Fire inspections; what can be done to help secure and protect the permitted vendors; other than cost, are there other barriers that keeps vendors from becoming licensed; is there a way to create vendor options on the Pier parking deck instead of having cars; how much of an effect has the task force made on the amount of dumping happening along the beach area; and, can staff take the permitting to the Pier and go to the vendors instead of the vendors having to come into a building Considerable discussion ensued on topics including, but not limited to: creating a program for local students, vendors, and provide them first opportunities; this is not just a vending issue, it is a public safety and sanitation issue; thanks to the multi-departmental staff and task force and the tremendous amount of work that has been done over the past months; the impact of task force has made the Pier safe and secure for residents and visitors; continue with Option 2 to keep the task force at its current levels, and with Option 3 the reduction might be too restrictive when the summer season begins; it’s positive that the city is working to help local vendors get permitted and legal; do what we can to support permitted vendors; look into creating an expanded street vendor program; with the expansion of the Virginia Avenue kitchen, use this as an opportunity to encourage entrepreneurship; think about creating a street vending experience someplace in the city, close to the Pier; look at a more robust economic experience at the Pier; support Option 3, and think of other ways to eliminate barriers for vendors to get licensed; try to move from a heavy enforcement model, and move more towards a collaborative model; the top of the Pier bridge is not safe and is a mess right now; think about creating better, more attractive barriers around the top of the Pier area when opening the Pier bridge; maybe create a micro-lending program for the vendors; and, create a night market for vendors, which would take the pressure off of the Pier. AGENDA MANAGEMENT Due to the late hour, the City Manager recommended moving the Carlthorp item 6.A. to a Special meeting on March 15, 2022. Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to continue Item 6.A. to a Special meeting on March 15, 2022. Mayor Pro Tem McCowan proposed to move the appointments 13.A. through 13.C. to a future meeting as well. The amendment was considered friendly by the maker. DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 7 February 21, 2022 The motion to continue 6.A. to a Special meeting on March 15, 2022, and to continue Items 13.A. through 13.C. to a future meeting were approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ADMIN. PROCEEDINGS: 438 SAN VICENTE BLVD. 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd, was continued to a Special meeting on March 15, 2022. Recommended Action Staff recommends the City Council deny Appeal 20ENT-0275, appealing the Planning Commission’s approval of Conditional Use Permit 19ENT- 0250 and Minor Modification 20ENT-0066 for a 7,898 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, and approve the requested CUP and Minor Modification, based upon the findings and analysis outlined in this report. ORDINANCES: SANTA MONICA PIER 7.A. Introduction and Adoption of Emergency Ordinance No. 2694 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND SANTA MONICA MUNICIPAL CODE SECTION 3.36.290 TO PROHIBIT THE POSSESSION OF COMBUSTIBLE FUELS ON AND IN CLOSE PROXIMITY TO THE SANTA MONICA PIER WITHOUT A PERMIT”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an emergency ordinance amending the Santa Monica Municipal Code to prohibit possession of combustible fuels on or in close proximity to the Pier. Member of the public Zachary Gaidzik spoke to the recommended action. Questions asked and answered of staff included, is there any concern about the effect from having fuel for carts in the parking lots so close to the Pier, if there were an explosion. Motion by Councilmember Davis, seconded by Councilmember Negrete, to introduce and adopt at first reading of the ordinance reading by title DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 8 February 21, 2022 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 Motion by Councilmember Davis, seconded by Councilmember Negrete, to direct staff to come back with a potential ordinance expanding the reach of this ban on potentially explosive and flammable materials to include areas more than 25 feet away from the Pier that might be potentially dangerous, if some of these materials were to in fact explode. AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PIER DECK PARKING LOT 7.B. Adoption of Resolution No. 11402 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING RATES AND PERMIT FEES FOR ALL CITY PARKING FACILITIES AND RESOURCES”, and the Introduction and First Reading of an Ordinance Amending Municipal Code Section 3.04.030 relating to the Pier Deck Parking Lot, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt the attached resolution authorizing the City Manager or Designee to establish hours of operation for the Santa Monica Pier Deck Parking Lot. 2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Chapter 3.04.030 to clarify that the Santa Monica Pier Deck Parking Lot operating hours shall be established by the City Manager or Designee, and thus allow for the enforcement of established operating hours on the Santa Monica Pier Deck Parking Lot. There was no public comment on this item. Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt a resolution authorizing the City Manager or Designee to establish hours of operation for the Santa Monica Pier Deck Parking Lot. The motion was approved by the following vote: DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 9 February 21, 2022 AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Pro Tem McCowan, seconded by Councilmember Brock, 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, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PUBLIC ASSEMBLIES 7.C. Introduction and Adoption of Emergency Ordinance No. 2695 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING AMENDMENTS TO SANTA MONICA MUNICIPAL CODE SECTION 4.08.780 TO PROMOTE THE PUBLIC SAFETY AND WELFARE BY PROHIBITING CERTAIN ITEMS AT PUBLIC ASSEMBLIES AND COMMUNITY EVENTS,” was presented. Recommended Action Staff recommends that the City Council introduce and adopt an emergency ordinance extending amendments to Santa Monica Municipal Code Section 4.08.780 relating to restrictions on carrying, using, or possessing certain specified items during community events or public assemblies to promote public safety and welfare. There was no public comment on this item. Questions asked and answered of staff included: what would happen if someone showed up at a protest with a skateboard; does the ordinance allow the Police department to have the discretion to enforce this law differently; is it necessary to sunset this ordinance, or can it just be left in place; and, as a result of this ordinance, have there been any claims made against the city. Considerable discussion ensued on topics including, but not limited to, commending the Police department for the way that they have communicated the restrictions to protest organizers. Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 10 February 21, 2022 by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None STAFF ADMINISTRATIVE ITEMS: BROWN ACT 8.A. Approval of Proposal Regarding Independent Investigation of Possible Violations of the Brown Act and Confidentiality Agreements and Authorization of the Issuance of Subpoenas in the Name of the City under Section 614 of the City Charter in Conducting the Investigation, was presented. Recommendation: Approve the proposal from the City Manager and the Interim City Attorney to have an independent investigation of possible violations of the Brown Act and Confidentiality Agreements 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. Authorize the issuance of subpoenas in the name of the City under section 614 of the City Charter in conducting the investigation. Members of the public Denise Barton, Bradley Ewing, Olga Zurawska, Natalya Zernitskaya, Zachary Gaidzik, Jason Mathbaum, Anna Rogers, and Jonathan Foster spoke to the recommended action. Questions asked and answered of staff included: what amount is expected to be spent on this investigation; would this be the same rate if there were two attorneys working at the same time; have we done similar investigations; what ended up happening to Councilmembers in the prior investigations; are we able to cap the amount or have check-ins with caps to see where they are; is the investigation about events more than about people; if something happens, who is responsible for paying any fine, the city or the individual; are only Councilmembers going to be investigated, or are all parties involved, including staff, applicants, and anyone in Closed session; and, if there is evidence of a Councilmember leaking closed session information, why is this investigation necessary. Considerable discussion ensued on topics including, but not limited to: the amount of money that could be spent on this could be used to fund other projects in the city; if a violation is discovered, this could lead to a criminal referral; concerns about subpoena powers and what that means in terms of cost and rights for Councilmembers; fine expanding the scope of who should be included in the investigation; need to find out what happened, and who is responsible for the leak; the $100,00 that is spent will regain the integrity of the decisions made and the respect from the DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 11 February 21, 2022 community; if there is a systemic problem with leaks from the Closed Session this will help figure it out short of a criminal prosecution and make the processes better; integrity has value, and we should want to know what happened; this is disturbing and will further divide the Council; Motion by Councilmember Davis, seconded by Mayor Himmelrich, to adopt the staff recommendation, and include interviewing staff and applicants. The motion failed by the following vote: AYES: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmembers de la Torre, Brock, Negrete, Parra ABSENT: None Councilmember Negrete explained for the record her no vote because she is all for transparency, and there are other things that can be done that don’t cost as much money as an investigation. She is aware that there are things that get out there, but this is not going to bring the Council together. COUNCILMEMBER DISCUSSION ITEMS: DISABILITIES COMMISSION 13.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022, was postponed to a future meeting. HOUSING COMMISSION 13.B. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2025, was postponed to a future meeting. PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION 13.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2023, was postponed to a future meeting. LIBRARY BOARD 13.D. Appointment to two unscheduled vacancies on the Santa Monica Library Board for a term ending on 6/30/2022 and 6/30/2023, was presented. On order of the Mayor, the floor was opened for nominations for a seat term ending June 30, 3022. Councilmember de la Torre nominated Judith Meister. There being no other nominations, Judith Meister was appointed to a term ending June 30, 2022 by the following vote: DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 12 February 21, 2022 AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None On order of the Mayor, the floor was opened for nominations for a seat term ending June 30, 2023. Councilmember Davis nominated Ralinda Harvey Smith. Mayor Himmelrich nominated Laurel Schmidt. Ms. Schmidt was appointed to a term ending June 30, 2023 by the following vote: Harvey Smith: Councilmember Davis, Mayor Pro Tem McCowan Schmidt: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Himmelrich Councilmember Davis and Mayor Pro Tem McCowan changed their votes to Schmidt, thereby appointing Laurel Schmidt unanimously to the Library Board, with all members present. PLANNING COMMISSION 13.E. Recommendation to accept Elisa Paster's resignation from the Planning Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to accept the resignation with regret. 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 PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION 13.F. Recommendation to accept George Brown's resignation from the Public Safety Reform and Oversight Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to accept the resignation with regret. 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 DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 13 February 21, 2022 AGENDA MANAGEMENT Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to hear Item 13.G. at the end of the agenda, before public input since Mayor Himmelrich would be recusing herself and they could hear items 13.H – 13.J. before she leaves. 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 COUNCIL RULES 13.H. Request of Councilmembers Negrete and Brock that no new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present, was presented. Member of the public Denise Barton spoke on the recommended action. Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt the recommendation. 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 COUNCIL RULES 13.I. Request of Councilmembers Negrete and Brock to direct the City Clerk and the City Manager to review Council Rules and Procedures; time management and Council agenda management to end Council meetings earlier, including the timing and scheduling of Closed Session and Study Sessions and address any additional meetings of the City Council, if necessary, was presented. There was no public comment on this item. Motion by Councilmember Negrete, seconded by Councilmember Brock, 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 DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 14 February 21, 2022 CITY HALL MURALS 13.J. Request of Councilmembers de la Torre and Parra that Council directs staff to no longer install a temporary scrim over the Stanton Macdonald-Wright murals in the lobby of Santa Monica City Hall and to instead direct staff to launch of a process that engages and educates our community and results in the addition of artwork within the lobby to create a more inclusive and complete story of our City's history and vision for our future to advance the City’s commitment to equity, justice and respect for all and, in the interim, direct staff to explore the creation of a temporary lobby display around the themes that will be explored during the larger community education and engagement process, was presented. There was no public comment on this item. Motion by Councilmember Negrete, seconded by Mayor Himmelrich, to adopt the recommendation. 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 HOUSING COMMISSION Mayor Himmelrich was excused at 1:40 a.m. 13.G. Request of Councilmembers Brock, Parra and de la Torre that the City Council remove Housing Commissioner Leonora Camner pursuant to City Charter Article 1002 (requiring a motion adopted by at least five affirmative votes), and to thank her for her previous service to the Santa Monica Housing Commission. With the removal, authorize the City Clerk to publish the vacancy, was presented. Mayor Himmelrich stated that she has become personally embroiled in this controversy and has strong bias arising from her husband’s removal from the Housing Commission before his term was finished, and for that reason, she recused herself from this item. Members of the public Bradley Ewing, Leonora Camner, Denise Barton, Michael Lewis, Matt Stauffer, Olga Zurawaska, Zachary Gaidzik, Debbie Paperman, and Michelle Gray spoke on the recommended action. Motion by Councilmember Parra, seconded by Councilmember de la Torre, to adopt the recommendation. The motion failed by the following vote: AYES: Councilmembers Parra, Brock, de la Torre NOES: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D 15 February 21, 2022 ABSENT: Mayor Himmelrich PUBLIC INPUT: Member of the public Jonathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:34 a.m. in memory of Samuel V. Kardashian. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor Kristin McCowan Mayor Pro Tempore DocuSign Envelope ID: 178C7597-37C8-4E0A-AE2D-F7B109A0248D