m20220308 1 March 8, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 8, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:34 p.m.,
on Tuesday, March 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 5:34 p.m., with all
members present. Councilmember Brock led the assemblage in the Pledge
of Allegiance.
AGENDA
MANAGEMENT
The Mayor announced that the City has been advised that there is a
settlement between the parties involved in the appeal scheduled for tonight.
Item 6.A. has been taken off the agenda and will not be heard tonight
pending written withdraw of the appeal.
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 6:41 p.m., with all members present, to
report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Santa Monica Bayside Owners Association v.
City of Santa Monica and the California Coastal Commission, Los
Angeles Superior Court 21SMCP00269
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The Interim City Attorney advised this matter was heard with no reportable
action taken.
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. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Anthony Echevarria v. City of Santa Monica,
U.S. District Court Case No. 2:21-CV-05603-SVW (AGR)
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
Councilmember Brock reported that he traveled to Universal City for the
League of CA Cities LA County Membership meeting where there was a
presentation on district and redistricting battles over the past year in LA
County and the State Legislator. He spoked with Mayors and
Councilmembers about the state mandate Regional Housing Needs
Assessment (RHNA) within the Southern California Association of
Governments territory as well as ways to craft reasonable solutions.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There was no public comment on the Consent Calendar.
At the request of Mayor Pro Tem McCowan, Item 3.J was removed from
the Consent Calendar.
Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan,
to approve the Consent Calendar except for Item 3.J, reading resolutions by
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title only and waiving further reading thereof. 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
TRANSPORTATION
SOFTWARE
3.A. Approval of First Modification to Contract with Swiftly, Inc.
for Software Service Solution for Department of Transportation, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #11000 with
Swiftly, Inc., for the Department of Transportation (DOT) Big Blue Bus
(BBB) Division:
1. To add two additional customer-facing Swiftly Software as a
Service (SaaS) modules, Service Adjustments and Rider Alerts, for
the remainder of the contract term including all option years;
2. To extend the contract term of Swiftly’s cloud-hosted Software as a
Service (SaaS) solution for customer-focused real-time schedule
information and service performance metrics for staff by one
additional option year through June 30, 2025; and,
3. To adjust the annual contract year-end from May 20 to June 30 to
align with the fiscal year by making a one-time payment for 41 days
of service in FY2021-22.
This will result in a five-year agreement ending June 30, 2025 with a new
total amount not to exceed $1,373,304 with future year funding contingent
on Council budget approval.
WATER SYSTEM
PROCESS
IMPROVEMENTS
3.B. Approval of Second Modification to Agreement #10613 with
Vertech Industrial Systems LLC for Programming Water,
Wastewater, Recycled Water and Storm Water Control System
Process Improvements, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10613 in the
amount of $198,650 with Vertech Industrial Systems, LLC for
programming water, wastewater, recycled water, and storm water control
system process improvements for the Public Works Department. This will
result in a five-year amended agreement with a new total amount not to
exceed $759,400, with future year funding contingent on Council budget
approval.
RECYCLING SERVICES 3.C. Award RFP #297 to Arakelian Enterprises, Inc., dba Athens
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Services, for Organics Processing and Recycling Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 297 to Arakelian Enterprises, Inc. dba Athens
Services for organics processing and recycling services for the
Public Works Department; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 11244 (CCS) with Arakelian Enterprises, Inc., dba Athens
Services, in an amount not to exceed $4,280,000 (including a 10%
contingency) for two years, with three additional one-year renewal
options in the amount of $9,920,000 on the same terms and
conditions for a total amount not to exceed $14,200,000 over a five-
year period, with future year funding contingent on Council budget
approval.
WATER
WELL/BOOSTER PUMP
MAINTENANCE
3.D. Approval of First Modification to Agreement #10692 with
General Pump Company Inc. for Water Well and Booster Pump
Maintenance Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10692 CCS in the
amount of $515,000 with General Pump Company Inc. for water well and
booster pump maintenance services for the Public Works Department. This
will result in a five-year amended agreement with a new total amount not to
exceed $2,695,000, with future year funding contingent on Council budget
approval.
SEISMIC MANAGEMENT
SERVICES
3.E. Award Request For Proposal to Engineering Solutions Services,
Inc. for Seismic Grant Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #299 to Engineering Solutions Services, Inc. for grant
management services for the Community Development Department;
2. Authorize the City Manager to negotiate and execute Agreement No.
11245 (CCS) with Engineering Solutions Services, Inc., in an
amount not to exceed $669,330 (including a $66,933 contingency)
for a total amount not to exceed $736,263 over a three-year period,
with future year funding contingent on Council budget approval.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
COVID-19 3.F. Adoption of Resolution No. 11403 (CCS) Ratifying entitled “AN
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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 the proposed resolution 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.
HUMAN RESOURCES 3.G. Approval of Reinstatement and Third Modification of
Agreement with Governmentjobs.com dba NEOGOV for Legally
Required Job Applicant Tracking Software, Remote Testing
Integration, Job Posting Website, and System Training, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a reinstatement and third modification of agreement
#10257 with Governmentjobs.com dba NEOGOV, to extend the term of the
agreement for an additional five years and increase the total compensation
by $192,224, for the continuation of job applicant tracking software, remote
testing integration, job posting website, and system training services. This
recommended award is made as an exception to the competitive bidding
process pursuant to Santa Monica Municipal Code Section 2.24.080(b).
This will result in a reinstated and amended agreement for five years with a
new total amount not to exceed $357,293, with future year funding
contingent on Council budget approval.
CAL/OSHA TRAINING 3.H. Award Request For Proposal and enter into Agreement No. 11246
(CCS) with EHS International, Inc. (EHS) for Cal/OSHA Safety
Training, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 8421 to EHS International, Inc. (“EHS”) for required
Cal/OSHA safety training;
2. Authorize the City Manager to negotiate and execute an agreement
with EHS to provide safety training services, in an amount not to exceed
$534,545 over a five-year period, with future year funding contingent on
Council budget approval.
TELECONFERENCE 3.I. Adoption of Resolution No. 11404 (CCS) entitled “A RESOLUTION
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MEETINGS 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
Council and City Boards, Commissions, and Task Forces through April 7,
2022.
COUNCIL RULES 3.K. Adoption of Resolution to No. 11405 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS
AND REPEALING RESOLUTION NUMBER 11360 (CCS)”, was
adopted.
Recommended Action
Staff recommends that the City Council adopt the attached proposed
resolution amending the City Council’s Rules of Order and Procedure.
RESIDENT SURVEY 3.L. Approval of Reinstatement and Seventh Modification with
Goodwin Simon Strategic Research (GSSR) to Conduct Resident
Polling Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a reinstatement and seventh modification to
agreement #10141 increasing the term of the contract with Goodwin Simon
Strategic Research (GSSR) to June 30, 2024 and adding additional services
to conduct resident polling related to Santa Monica’s potential revenue
measures. This will result in a reinstated and amended agreement with a
new total term of eight years and four months. The total amount of
the contract will be unchanged at not to exceed $385,800 with future year
funding contingent on Council budget approval.
MINUTES 3.M. Regular and Special Joint Meeting - February 22, 2022 5:30 PM,
were approved.
MINUTES 3.N. City Council - Special Meeting - March 4, 2022 11:00 AM, were
approved.
2022 ALL STAR EVENT 3.J. Accept Proposal and Enter into Agreement No. 11247 (CCS) with
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Mayor Pro Tem McCowan
was excused at 6:54 p.m.
Major League Baseball for 2022 All Star Event, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a license agreement with Major League Baseball for
use of the Pier Deck (Newcomb) Parking Lot and adjacent beach area from
July 12-18, 2022 for the “MLB All-Star Oceanfront” Festival.
Mayor Pro Tem McCowan pulled this item to recuse herself due to her
employment with the Los Angeles Dodgers, which could be a potential
conflict of interest.
Motion by Councilmember Negrete, seconded by Councilmember de la
Torre, to approve the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
CONTINUED ITEMS:
DISABILITIES
COMMISSION
5.A. Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending on 6/30/2022, was continued to a future
meeting due to the lack of applicants.
HOUSING COMMISSION
Mayor Pro Tem McCowan
returned at 6:57 p.m.
5.B. Appointment to one unscheduled vacancy on the Housing
Commission for a term ending on 6/30/2025, was presented.
Members of the public Olga Zurawska, Michelle Gray, Denise Barton, and
Theresa Marasco spoke on the appointment.
On order of the Mayor, the floor was opened for nominations to the
Housing Commission.
Councilmember Parra nominated Michelle Gray
Councilmember Davis nominated Lydia Garcia
Michelle Gray was appointed by the following vote:
Gray: Councilmembers de la Torre, Brock, Negrete, Parra,
Mayor Pro Tem McCowan
Garcia: Councilmember Davis, Mayor Himmelrich
Mayor Himmelrich and Councilmember Davis changed their votes to Gray,
thereby appointing Michelle Gray by acclamation to the Housing
Commission, with all members present.
PUBLIC SAFETY 5.C. Appointment to one unscheduled vacancy on the Public Safety
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REFORM AND
OVERSIGHT
COMMISSION
Reform and Oversight Commission for a term ending on 6/30/2023,
was presented.
Members of the public Joanne Berlin and Meredith Coon, spoke on the
appointment.
On order of the Mayor, the floor was opened for nominations to the Public
Safety Reform and Oversight Commission.
Councilmember Negrete nominated Jasmine Mercado
Councilmember Davis nominated Adya Mohanty
Adya Mohanty was appointed by the following vote:
Mercado: Councilmembers Parra, Negrete, Brock
Mohanty: Councilmembers Davis, de la Torre, Mayor Pro Tem McCowan
Mayor Himmelrich
Councilmembers Parra and Negrete changed their votes to Mohanty for
appointment to the Public Safety Reform and Oversight Commission for a
term ending June 30, 2023.
ADMIN. PROCEEDINGS:
1243 20th STREET
6.A. Appeal 21ENT-0254 of Planning Commission approval of
Development Review Permit 16ENT-0048, Major Modification
18ENT-0382, and certification of Final Environmental Impact Report
17ENT-0011 for the property located at 1242 20th Street to allow the
retention and partial rehabilitation/adaptive reuse of an existing
Tudor-style commercial building and the construction of a new Tier 1
three-story (45 feet) research/development and medical clinic facility
(“Wellness Center”) consisting of approximately 76,167 square-feet
and a five-level subterranean parking garage. A Major Modification is
requested to consider Arizona Avenue, the parcel line separating the
narrowest street frontage of the parcel from the street, as the side
parcel line, was not heard, pending a written withdrawal from the
applicant.
Recommended Action
Staff recommends that the City Council, based on the findings and analysis
outlined in this report:
1. Deny Appeal 21ENT-0254;
2. Adopt a Resolution (CCS) Certifying Final EIR 17ENT-0011;
3. Approve Development Review Permit 16ENT-0048 and Major
Modification 18ENT-0382; and
4. Adopt the draft Statement of Official Action.
ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2696 (CCS)
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PIER DECK PARKING
LOT
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.04.030 TO AUTHORIZE THE CITY MANAGER TO
ESTABLISH HOURS OF OPERATION FOR THE SANTA
MONICA PIER PARKING DECK LOT”, was presented
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember Brock, 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
NOES: None
ABSENT: None
BOARDS AND
COMMISSIONS
7.B. Introduction and First Reading of an Ordinance Amending
Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related
to Lobbying Activity and Participation of Lobbyists on City of Santa
Monica Boards and Commissions, was presented.
Recommended Action
Staff recommends that Council introduce for first reading the attached
ordinance, which does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010 to define
“lobbying activity”;
2. Creates Section 4.85.015 to prohibit any individual from serving on
a City board, commission, task force, or advisory board if that
individual is currently registered as a lobbyist in the City of Santa
Monica or registered as a lobbyist in the two years prior to
appointment; and,
3. Provides certain other options concerning when lobbying activities
occur.
Members of the public Joe Antognini, Denise Barton, Leonora Camner,
Olga Zurawska, and Michelle Gray spoke to the recommended action.
Questions asked and answered of staff included: if this is approved today,
when would it take affect; would a current person who is registered as a
Lobbyist have to wait two years after they leave their current position
before they could serve on a board or commission; is there a way to change
the language to exclude the person if the board or commission is not in
their subject matter jurisdiction; if somebody receives any compensation,
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Mayor Himmelrich was
excused at 9:00 p.m.
are they considered a paid lobbyist; if someone is an architect, and they’re
receiving compensation for services as an architect, and they appear on
behalf of a client who has a project residential or commercial in Santa
Monica, they accept a variance from a zoning commissioner, as part of
their job as a architect, for which they are receiving compensation, are they
considered a lobbyist; if someone is the Executive Director of a non-profit
who consults with city staff on various subjects, but they are not doing it at
a public meeting, but they are doing it as the Executive Director of their
organization, are they a lobbyist; if a person speaks as the Executive
Director of a non-profit, and they attempt to influence city policy, but they
do so in a public media, for example submitting letters or written policy,
are they considered a lobbyist; if you’re not paid in cash, but paid in kind
when lobbying at a state level, do you need to register as a local lobbyist;
what if you’re an employee of a lobbyist organization, but you personally
are not involved in the lobbying activity, are you considered a lobbyist;
what if you’re an Attorney for a lobbyist organization, and you’re only
hired to give advice, are you considered a lobbyist; have any of the other
city’s lobbyist regulations been subject to first amendment challenges; what
constitutes a public meeting, and is that the only type of public meeting that
is being addressed in this ordinance; where is it in the ordinance that says a
person who is compensated for influencing a city action; explain how the
$5,000 dollar amount came to be; in other cities has it been noticed that
adding expenditure lobbyist are causing confusion to understand, or is it
pretty cut and dry; does this ordinance only apply to those lobbying in
Santa Monica, but not somebody lobbying the state or other jurisdiction;
does this exclude PTA members because they legislate and advocate for
their schools, as they receive reimbursement for advocating activities; can it
be very clear in the ordinance that volunteers who receive reimbursement
are not considered part of compensation; and, does a person who gets paid
in their everyday job advocate for their interest at a public meeting need to
register as a lobbyist.
Considerable discussion ensued on topics including, but not limited to: city
staff reaching out to individuals on specific topic, but may not realize that
person is serving on city boards and commissions; concerns that this
ordinance may be going too far penalizing individuals who advocate for
their causes; concern that this ordinance is not clear and easy to understand;
in order to have transparency in our government, we need to have a clean,
simple or ordinance that everyone can understand; concerned about adding
the new definition for Lobbying Activity, and it would increase the number
of people who will need to register as a lobbyist; concerned that the boards
and commissions will be losing some experts in certain fields because they
receive payment for doing what they love; bothered by the lack of cut outs;
not sure that this ordinance is clean and clear and doesn’t serve the purpose
that was intended, but will end up removing a lot of good people from
boards and commissions; this goes from an administrative penalty to the
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ability to remove some valuable board and commission members;
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to table this item and bring it back addressing all of the comments
and concerns raised during this session. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
WATER RECYCLING
Councilmember Parra was
excused at 9:30 p.m.
7.C. Introduction and First Reading of an Ordinance Modifying
SMMC 7.12.170 to Add Water Recycling Requirements, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance to modify Santa Monica Municipal Code Section
7.12.170 to add water recycling requirements.
There was no public comment on this item.
Questions asked and answered of staff included: is an Accessory Dwelling
Unit (ADU) exempted in all circumstances; what does dual plumbing
mean; this causing additional steps to get permits, has staff thought about
ways to mitigate getting through this process quicker; do we plan to build
out the water delivery lines to distribute recycled water to all residents in
the area; are there plans to extend the service area, or is this all that the
Sustainable Water Infrastructure Project (SWIP) can do; is there a target
date for when the SWIP will be 100% complete; are there ways for a small
business to get subsidized for the additional cost; will the city be lobbying
the county or state laws regarding exempting ADUs; is there a way to bring
recycled water up at San Vicente; does this ordinance address that the
building officer could make extensions, given approval needs to go through
other agencies; is this only for new buildings and not for remodeling;
confirmation that Section (d) (4) addresses new development; what are the
exceptions/exemptions; and, is the water to be used on construction sites
exclusive or is the use on a case by case basis.
Discussion ensued on topics including, make sure the city is able to provide
leniency to developers who may run into issues with delivery of pipes in a
timely manner and may not be able to meet our deadlines.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
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following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich, Councilmember Parra
COUNCILMEMBER
DISCUSSIONS:
UKRAINE
13.A. Request of Councilmember Brock and Councilmember Negrete
that the Santa Monica City Council fully condemns the unprovoked
invasion of Ukraine by the Russian Government and their dictator,
Vladimir Putin. This is not an invasion by the Russian people. It is a
culmination of a years’-long harassment by a dictatorial tyrant of a
border nation whose people have their own culture and language, and
it is reminiscent of the power-grabbing that initiated the horrific events
of World War II. The Council urges all citizens of the world to take
notice and call for an end to the barbaric and tragic violence that is
being waged on the peaceful nation of Ukraine. The Council hereby
offers the heroic Ukrainian President Volodymyr Zelenskyy the title of
Honorary Citizen of the City of Santa Monica. The Council directs the
City Manager to research any sanctions or steps that Santa Monica
might take to deplete the power of Mr. Putin and any Russian
Oligarchs, including to divest of any city fund possessing Russian
assets, and lobby CalPERS in favor of divesting any state funds
possessing Russian assets and termination of state contracts with
Russian firms. The Council calls on cities around the world to take
similar action. The Council stands behind President Zelenskyy and the
people of Ukraine, was presented.
Member of the public Jonathan Foster, spoke in support of the
recommended action.
Motion by Councilmember Negrete, seconded by Councilmember Brock,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
PUBLIC INPUT: Members of the public Denise Barton and Jonathan Foster, and Harvey
Eder commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:55 p.m. in
memory of Catherine Eldridge.
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ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
Kristin McCowan
Mayor Pro Tem
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