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SR 01-12-2021 2B
City Council Report City Council Meeting: January 12, 2021 Agenda Item: 2.B 1 of 1 To: Mayor and City Council From: Denise Anderson-Warren, City Clerk, Records and Election Services Department Subject: Election of Mayor for the ensuing two years; election of Mayor Pro Tem for the ensuing two years Prepared By: Denise Anderson-Warren, City Clerk Approved Forwarded to Council Attachments: A. 20201218.Email.ZurawskatoCouncil B. 20210106.Zurawska.BrownActResponse C. Written Comments 2.B Packet Pg. 11 1 George S. Cardona From:OZ <zurawska@yahoo.com> Sent:Friday, December 18, 2020 7:45 PM To:Sue Himmelrich; Kristin McCowan; Phil Brock; Christine Parra; Oscar de la Torre; Councilmember Kevin McKeown; Gleam Davis Cc:George S. Cardona; Lane Dilg; Denise Anderson-Warren Subject:Re: (Correction of date )Demand to Cure and Correct - Brown Act Violation EXTERNAL The action in question took place on December 8, 2020, not December 10, 2020. On Friday, December 18, 2020, 07:28:43 PM PST, OZ <zurawska@yahoo.com> wrote: Dear Mayor Himmelrich and Santa Monica Councilmembers, Pursuant to California Government Code Section 54960.1, I am writing to call your attention to what I understand was a substantial violation of a central provision of the Ralph M. Brown Act which may jeopardize the legality of all actions taken by the Santa Monica City Council since December 10, 2020. During its meeting of December 10, 2020, the Council selected the Mayor and Mayor Pro Tem by a formal vote. Prior to this public meeting and vote, Councilmember McCowan communicated her position on the pending matter of selection of Mayor and Mayor Pro Tem to a majority of Councilmembers in a series of individual conversations, known as “hub-and-spoke” serial meetings. During those serial meetings, Councilmember McCowan had individual separate conversations with three Councilmembers where she communicated her interest in serving as Mayor Pro Tem, and her support for Councilmember Sue Himmelrich for Mayor. The Ralph M. Brown Act states, in pertinent part: 54952.2. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. 2.B.a Packet Pg. 12 Attachment: 20201218.Email.ZurawskatoCouncil (4408 : Mayor and Mayor Pro Tem Selection) 2 Councilmember McCowan’s public statement about her “hub-and-spoke” serial meetings does not cure the violation of the Brown Act because there is no reason to believe that the effect of the serial meetings on the majority of the Council was erased by her public statement. During the selection of the Mayor and Mayor Pro Tem on December 10, 2020, after Councilmember McCowan issued a statement about her “hub- and-spoke” serial meetings, not a word of comment or discussion was uttered by the Interim City Attorney Cardona, the other six Councilmembers, Interim City Manager Dilg or City Clerk Anderson-Warren — all of whom are expected to be well acquainted with the Brown Act and the City of Santa Monica Code of Ethics. It is not known if Interim City Attorney Cardona had conducted any investigation of the serial meetings. Furthermore, it is not known if Interim City Attorney Cardona advised Councilmember McCowan to recuse herself from the vote or to refrain from accepting a nomination. Councilmember McCowan participated in the vote and accepted a nomination for Mayor Pro Tem. The outcome of the Council’s December 10, 2020 vote mirrored Councilmember McCowan’s wishes as stated in her “hub-and-spoke” serial meetings, i.e. Councilmember McCowan was selected as Mayor Pro Tem and Councilmember Himmelrich was selected as Mayor. In order to cure and correct what I understand was an illegally taken action, pursuant to California Government Code Section 54960.1, I demand that the Santa Monica City Council commit to the following: 1. Conduct a new vote to select Mayor and Mayor Pro Tem; 2. Councilmember McCowan refrain from participating in the new selection of Mayor and Mayor Pro Tem; 3. Councilmember McCowan not be nominated or accept a nomination for Mayor or Mayor Pro Tem during her current term; 4. Obtain a legal opinion from Interim City Attorney Cardona by the next Council meeting on whether the Brown Act violation discussed herein affects the validity of the actions taken by the Mayor, Mayor Pro Tem and City Council since December 10, 2020; 2.B.a Packet Pg. 13 Attachment: 20201218.Email.ZurawskatoCouncil (4408 : Mayor and Mayor Pro Tem Selection) 3 5. All current Councilmembers complete the League of California Cities New Mayors and Councilmembers Academy within 90 days of this letter; 6. Direct staff to revise and update the training policy in regard to all aspects of the Brown Act within 90 days of the date of this letter. As provided by Government Code Section 54960.1, you have 30 days from the receipt of this demand to either cure or correct the challenged action or inform me of your decision not to do so. If you fail to cure or correct as demanded, such inaction may leave me no recourse but to seek a judicial invalidation of the challenged action pursuant to Section 54960.1, in which case I would also ask the court to order you to pay my court costs and reasonable attorney fees in this matter, pursuant to Section 54960.5. When reviewing this demand, please take into consideration the Legislature’s intent as stated in the initial section of The Ralph M. Brown Act: “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” As you know, during the recent election, Santa Monicans sent a clear message to the City Hall: no more business as usual. The people expect the new City Council to first and foremost serve the residents, and conduct itself lawfully, ethically and with transparency. Not addressing a Brown Act violation during the very first meeting of the new Council is not the new start Santa Monicans had been hoping for. This issue must be cured by the Council to demonstrate the Council’s respect for the law and the value the Council places on public trust. Sincerely yours, Olga Zurawska cc: 2.B.a Packet Pg. 14 Attachment: 20201218.Email.ZurawskatoCouncil (4408 : Mayor and Mayor Pro Tem Selection) 4 1. Los Angeles County District Attorney’s Office, Public Integrity Division 2. League of California Cities 2.B.a Packet Pg. 15 Attachment: 20201218.Email.ZurawskatoCouncil (4408 : Mayor and Mayor Pro Tem Selection) VIA EMAIL January 6, 2021 Olga Zurawska Email: zurawska@yahoo.com Re: Brown Act Demand to Cure or Correct Dear Ms. Zurawska: On December 18, 2020, pursuant to Government Code Section 54960.1, you submitted a formal demand to cure or correct what you allege to have been an action taken in violation of the Brown Act, namely, the selection of the Mayor and Mayor Pro Tem at the City Council’s December 8, 2020 meeting.1 In accordance with Government Code Section 54960.1(c)(2), this constitutes the City’s response to your demand to cure or correct.2 1 Your original demand, sent by email, mistakenly referenced this action as having occurred at a December 10, 2020 council meeting. In a subsequent email also sent on December 18, 2020, however, you corrected your demand, noting that the action in question took place on December 8, 2020, not December 10, 2020. 2 On December 30, 2020, I emailed you to see if we could talk in an effort to work out a mutually agreeable resolution of your demand. In a series of subsequent emails, you asserted that I had a conflict in participating in any such negotiations, that there was a good chance I had committed wrongdoing when I remained silent at the meeting on December 8, 2020 following Councilmember McCowan’s disclosure, that I was likely attempting to negotiate a deal which could be favorable to me in light of that wrongdoing, and that you did not think it appropriate for the City to attempt to negotiate with you through me. In light of your position, on January 3, 2021, I advised you by email that I did not think negotiations would be fruitful and that the City would simply prepare and provide a response to your December 18, 2020 demand to cure or correct. You responded that you remained willing to negotiate, and I advised you that I would get back to you either to see if negotiations made sense or with a response to your demand. With respect to your allegations of a conflict, as discussed in the text below, Councilmember McCowan’s statement at the December 8, 2020 meeting indicated that she had spoken with me and was making her disclosure in accordance with my advice. For the reasons set forth below, I believed at the time, and continue to believe, that the disclosures by Councilmember McCowan resulted in substantial compliance with the Brown Act, rendering unnecessary any further comment from me. I do not believe I have engaged in any wrongdoing or that I have any conflict in continuing to represent the City in this matter. City Attorney’s Office 1685 Main Street, Room 310 Santa Monica, California 90401 George S. Cardona, Interim City Attorney Email: george.cardona@smgov.net 2.B.b Packet Pg. 16 Attachment: 20210106.Zurawska.BrownActResponse (4408 : Mayor and Mayor Pro Tem Selection) Olga Zurawska Re: Brown Act Demand to Cure or Correct January 6, 2021 Page 2 As you know, at the start of the December 8, 2020 council meeting, prior to any discussion or voting for the selection of the Mayor and Mayor Pro Tem, Councilmember McCowan stated on the public record that, out of concern that she may inadvertently have violated the Brown Act, she had called the Interim City Attorney and advised him regarding certain conversations she had with other Councilmembers regarding the election of a Mayor and Mayor Pro Tem that she was concerned that she might have violated the Brown Act. She continued that, in accordance with the Interim City Attorney’s advice, she would disclose these conversations on the record, in advance of the Council’s discussion and vote. She then disclosed that: (1) over the last week, in separate individual conversations, she told three other councilpersons that she would be willing to serve as Mayor Pro Tem, something that she had also stated publicly; and (2) over the last week, in separate individual conversations, she also told three other councilpersons that she would be supporting Sue Himmelrich to serve as Mayor, something that she also had stated publicly. After this statement, discussion and voting for the Mayor and Mayor Pro Tem was conducted, with various Councilmembers stating their support for, nominating, and voting for particular candidates for Mayor and Mayor Pro Tem. Councilmember McCowan participated in the discussion, nominations, and voting. Government Code Section 54952.2(b)(1), on which your demand relies, prohibits, with certain exceptions, a majority of the members of a legislative body from, outside an open and public meeting, using “a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.” To the extent Councilmember McCowan discussed certain information with more than two other councilmembers, therefore, the discussion of that information might have resulted in Councilmember McCowan having engaged in a serial meeting regarding that information in violation of Section 54952.2(b)(1).3 Councilmember McCowan, however, disclosed the information she had discussed with three other councilmembers on the record at the December 8, 2020 council meeting. That disclosure resulted in both the public and all councilmembers being aware of the information she had discussed prior to any proceedings to select the Mayor and Mayor Pro Tem. All councilmembers, therefore, could take the disclosed discussions into account when acting to nominate and vote for the Mayor and Mayor Pro Tem, and had the ability, if they so chose, to raise these discussions as a basis for supporting or opposing any particular candidate for Mayor or Mayor Pro Tem. Moreover, the subject matter of the discussions disclosed by Councilmember McCowan, that is, the positions of the various councilmembers regarding the 3 There is no allegation that any other councilmember engaged in discussions with more than two other councilmembers that might have resulted in a violation of the serial meeting prohibition of Government Code Section 54952.2(b)(1). Though Councilmember McCowan had additional discussions with two of the three councilmembers with whom she spoke regarding the selection of the Mayor and Mayor Pro Tem, such discussions among less than a majority of the council are not precluded by the Brown Act; it is only the discussion that Councilmember McCowan had in common with all three of the councilmembers with whom she spoke, and the information that she disclosed in these common discussions, which she disclosed at the start of the December 8, 2020 council meeting, that might result in a possible violation of the Brown Act’s prohibition on serial meetings. 2.B.b Packet Pg. 17 Attachment: 20210106.Zurawska.BrownActResponse (4408 : Mayor and Mayor Pro Tem Selection) Olga Zurawska Re: Brown Act Demand to Cure or Correct January 6, 2021 Page 3 selection of the Mayor and Mayor Pro Tem, also became public through the discussions and series of votes that took place, in public, at the December 8, 2020 council meeting. As a result, we believe the selection of the Mayor and Mayor Pro Tem at the open and public December 8, 2020 council meeting occurred in substantial compliance with the Brown Act, and that there is, therefore, no basis to nullify the selection of the Mayor or Mayor Pro Tem. See Government Code Section 54960.1(d)(1). Nevertheless, in the interests of providing still further assurance that the selection of the Mayor and Mayor Pro Tem has occurred at an open and public meeting, the City will conduct a reselection of the Mayor and Mayor Pro Tem at the January 12, 2021 council meeting. This will address any concern that either the public or the other councilmembers did not have sufficient time to respond to the disclosures made by Councilmember McCowan at the December 8, 2020 meeting. The reselection will occur after public comment at which members of the public will be able to comment on both the disclosures by Councilmember McCowan and the positions taken by the councilmembers with respect to selection of the Mayor and Mayor Pro Tem at the December 8, 2020 meeting. The reselection will occur after all councilmembers can consider and take into account both the disclosures by Councilmember McCowan and the positions of the other councilmembers with respect to selection of the Mayor and Mayor Pro Tem as expressed both at the December 8, 2020 council meeting and at the subsequent January 12, 2021 council meeting. All councilmembers have been directed and have agreed that, prior to the January 12, 2021 council meeting, they will not discuss with any other councilmember, either directly or indirectly, the selection of the Mayor and Mayor Pro Tem. Given all this, it should be clear that the reselection of the Mayor and Mayor Pro Tem at the January 12, 2021 meeting will occur at an open and public meeting in compliance with the Brown Act. For the reasons set forth above, we believe that compliance with the Brown Act does not require that Councilmember McCowan be precluded either from participating in the reselection of the Mayor and Mayor Pro Tem or from being a candidate for or accepting either position. A number of public comments received from others in advance of the Council’s December 29, 2020 meeting suggested that Councilmember McCowan should be precluded from participation to ensure that there is punishment, and not a reward, for her engaging in the discussions alleged to have resulted in a serial meeting in violation of the Brown Act. Councilmember McCowan, however, promptly and voluntarily disclosed the discussions once she realized that they might have violated the Brown Act. Such voluntary disclosure is something that should be encouraged to provide public transparency and further the goals of the Brown Act. There may be instances where punishment remains appropriate despite such a voluntary disclosure, but this does not appear to be such a case. To the contrary, imposing a punishment here would most likely serve only to chill such voluntary disclosures, making it more difficult to ensure that any potential Brown Act violations are brought to public light and steps taken to cure those violations and ensure that actions are taken in open and public meetings as required by the Brown Act. /// /// 2.B.b Packet Pg. 18 Attachment: 20210106.Zurawska.BrownActResponse (4408 : Mayor and Mayor Pro Tem Selection) Olga Zurawska Re: Brown Act Demand to Cure or Correct January 6, 2021 Page 4 In light of the discussion above, the City’s response to the six specific demands set forth in your December 18, 2020 email (set out in italics below) is as follows: 1. Conduct a new vote to select Mayor and Mayor Pro Tem. As set forth above, the City will be conducting a new vote to select the Mayor and Mayor Pro Tem at the January 12, 2021 council meeting.4 2. Councilmember McCowan refrain from participating in the new selection of Mayor and Mayor Pro Tem. For the reasons set forth above, we do not believe that this is necessary to ensure compliance with the Brown Act and do not agree to this demand. 3. Councilmember McCowan not be nominated or accept a nomination for Mayor or Mayor Pro Tem during her current term. For the reasons set forth above, we do not believe that this is necessary to ensure compliance with the Brown Act and do not agree to this demand. 4. Obtain a legal opinion from Interim City Attorney Cardona by the next Council meeting on whether Brown Act violation discussed herein affects the validity of the actions taken by the Mayor, Mayor Pro Tem and City Council since December 10, 2020. All actions taken by the Mayor, Mayor Pro Tem, and City Council at council meetings conducted since December 8, 2020 have occurred at open and public meetings in which the matters acted upon, whether in closed or open session, have been properly agendized. Moreover, at such meetings, pursuant to Section 604 of the City Charter and Rules 9 and 10 of the City Council Rules of Order and Procedure (Resolution No. 11172 (CCS), May 28, 2019), the Mayor and Mayor Pro Tem have only procedural roles that may, in their absence, be filled by any other councilmember selected by the council to serve as a temporary presiding officer; neither the Mayor nor Mayor Pro Tem has any more voting power than any other councilmember. As a result of all of the above, even assuming for the sake of argument that a Brown Act violation occurred in the selection of the Mayor and Mayor Pro Tem at the December 8, 2020 meeting, we believe this would not affect the validity of actions taken by the Mayor, Mayor Pro Tem, and City Council at subsequent council meetings conducted in accordance with the Brown Act. See Government Code Section 54960.1(d)(1). This constitutes the legal opinion you have requested. 5. All current Councilmembers complete the League of California Cities New Mayors and Councilmembers Academy within 90 days of this letter. All of the current councilmembers have already received training on the Brown Act. Several of the current councilmembers have already signed up to attend the referenced academy, which is being offered virtually in different sessions on January 21 and 22, and 28 and 29, 2021. We will attempt to have all the current councilmembers attend the session of the referenced academy that addresses the Brown Act, a session titled “Your Legal Powers and Obligations,” which is being 4 Neither the new vote to select the Mayor and Mayor Pro Tem nor any other action taken by the City in response to your demand may be construed or admissible as evidence of a violation of the Brown Act. See Government Code Section 54960.1(f). 2.B.b Packet Pg. 19 Attachment: 20210106.Zurawska.BrownActResponse (4408 : Mayor and Mayor Pro Tem Selection) Olga Zurawska Re: Brown Act Demand to Cure or Correct January 6, 2021 Page 5 offered on January 28, 2020 from 1:30 to 3:00 pm. If we are unable to make arrangements with the League of Cities for this attendance, we will ensure that all councilmembers are provided with additional Brown Act specific training prior to the end of February 2021. 6. Direct staff to revise and update the training policy in regard to all aspects of the Brown Act within 90 days of the date of this letter. We will revise and update the City’s training policies with respect to the Brown Act by the end of February 2021. As noted above, in accordance with Government Code Section 54960.1(c)(2), this constitutes the City’s response to your December 18, 2020 demand to cure or correct. Your December 18, 2020 demand was made part of the public record in connection with the agenda for the December 29, 2020 Council meeting. Your December 18, 2020 demand and this response will be made part of the public record in connection with the reselection of the Mayor and Mayor Pro Tem at the January 12, 2021 Council meeting. Sincerely, George S. Cardona Interim City Attorney cc: Mayor Sue Himmelrich City Manager Lane Dilg City Clerk Denise Anderson-Warren 2.B.b Packet Pg. 20 Attachment: 20210106.Zurawska.BrownActResponse (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Leonora <leonorasc@gmail.com> Sent:Saturday, January 9, 2021 1:25 PM To:councilmtgitems; Phil Brock; Christine Parra; Gleam Davis; Kristin McCowan; Sue Himmelrich; Oscar de la Torre; Councilmember Kevin McKeown; George S. Cardona; Lane Dilg; Denise Anderson-Warren Subject:Item 2B - Opposition to revote EXTERNAL I am writing to oppose the revote on Mayor Pro Tem Kristin McCowan's position. Mayor Pro Tem McCowan was transparent and forthcoming about her communications regarding the prior vote. Her disclosure increases my confidence in her integrity, and I believe she is more than capable of leading in her role as Mayor Pro Tem. The effort to revote on her position appears to be an illegitimate effort to seize on an easily-made human misunderstanding. Mayor Pro Tem McCowan must not be subjected to baseless harassment on minor procedural missteps, especially given that she has made every effort to correct and be transparent about the issue. To make Santa Monica an inclusive, welcoming, and fair place for all, it is critical that we not allow this form of harassment to continue. Item 2.B 01/12/21 1 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 21 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Jason Islas <jason.islas@gmail.com> Sent:Saturday, January 9, 2021 11:38 AM To:Council Mailbox; councilmtgitems Cc:Phil Brock; Christine Parra; Gleam Davis; Kristin McCowan; Sue Himmelrich; Oscar de la Torre; Councilmember Kevin McKeown; George S. Cardona; Lane Dilg; Denise Anderson-Warren Subject:Item 2B - A revote is unnecessary and a waste of residents' time EXTERNAL Dear Mayor Himmelrich and City Council, I am writing to register my strong opposition to what appears to be a petty and personal attack on Mayor Pro Tem Kristin McCowan. After reading the complaint and the City Attorney's response, it is abundantly clear that any alleged wrongdoing has been more than adequately addressed and does not warrant a revote nor, as Ms. Zurawska inexplicably calls for, exclusion of Councilmember McCowan from any such revote. This is a baseless, petty, and personal attack against Councilmember McCowan. As a native Santa Monican myself ‐‐ and resident of the Pico Neighborhood ‐‐ I think we should be celebrating Councilmember McCowan's appointment as mayor pro tem, not seeking spurious reasons to deny her this position. I, for one, am proud to see a young woman of color who graduated from Santa Monica High School only a few years ahead of me representing me and the city where I grew up as our mayor pro tem. A revote on this matter is a waste of Council's time and is frankly insulting to residents when the Council should be using their valuable time addressing real problems, such as the public health and economic crises facing our city. Please don't waste the residents' time. Thank you. Jason Islas (310) 977‐0645 jasonislas.com LinkedIn Twitter Item 2.B 01/12/21 2 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 22 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Faustino Garza <Faustino_Garza@msn.com> Sent:Sunday, January 10, 2021 4:01 PM To:councilmtgitems Subject:re-selection of Mayor/Mayor Pro Tem (Item 2B) EXTERNAL I am a Santa Monica homeowner and resident for the past 33 years. It has been embarrassing to learn that our Council needs to have a do‐over in the naming of our Mayor and Mayor Pro‐Tem due to ignorance and poor judgement shown by Ms. McCowan. I believe that Ms. McCowan has shown a serious lack of ethical judgement and ignorance of laws regarding the appointment of city officials. In my opinion, she is not qualified for a leadership position on our City Council and should not be appointed to the position of Mayor or Mayor Pro Tem. We don't need to take the risk of yet more legal costs to our City due to improper behavior by Council members. I say "No" to McCowan for either Mayor or Mayor Pro‐Tem. Santa Monica residents in the most recent election demonstrated a clear mandate for change in our City Council. I believe that Sue Himmelrich does not fit that mandate as she represents the council that our residents have rebelled against. To my knowledge, she regularly went along with the old guard on issues opposed by residents. Ms. Himmelrich is not what we residents want in a mayor. I say "No" to Himmelrich for either Mayor or Mayor Pro‐Tem. More voters chose Phil Brock than any other candidate in the recent election of Council members. Mr. Brock represents the change that our residents are looking for. I believe that his long history of community involvement and public service in our city strongly qualifies him for the position of Mayor. I say "Yes" to Brock for Mayor. The wishes of residents also should be respected in the naming of our next Mayor Pro‐ Tem. Either one of the new members, Mr. de la Torre or Ms. Parra, should be appointed to that position. Mr. de la Torre also has a long history of public service in our city and, in my opinion, would be an excellent choice for that position. I say "Yes" to de la Torre for Mayor Pro‐Tem. Item 2.B 01/12/21 3 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 23 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Your upcoming re‐selection of our Mayor and Mayor Pro‐Tem represents a test of whether you will continue to ignore the concerns and wishes of the residents you are supposed to represent. A change from your old ways has been mandated by those who elect you. Faustino Garza Sunset Park Santa Monica Item 2.B 01/12/21 4 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 24 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Carl Hansen <cjh268@cornell.edu> Sent:Sunday, January 10, 2021 2:58 PM To:councilmtgitems Cc:Sue Himmelrich; Kristin McCowan; Phil Brock; Gleam Davis; Oscar de la Torre; Councilmember Kevin McKeown; Christine Parra; Lane Dilg; George S. Cardona; Clerk Mailbox Subject:City Council Item 2-B EXTERNAL Dear Mayor Himmelrich and City Councilmembers, I was very disappointed to see that Council is scheduled to reconsider its appointment of Mayor and Mayor Pro‐ Tempore over a minor Brown Act mistake that was reported and resolved. If a revote must be taken, I urge you to reappoint Mayor Himmelrich and Mayor Pro‐Tempore McCowan. I am proud that our city has Councilmember McCowan representing us as Mayor Pro‐Tempore. Our country and our city are facing issues where diversity is especially critical. Our council needs the perspective of younger residents and of people of color, and our community needs to see that our leaders are taking these issues seriously. Thank you, Carl Hansen e: cjh268@cornell.edu c: (760) 613 ‐ 4290 Item 2.B 01/12/21 5 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 25 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 4 Vernice Hankins From:Abby Arnold <abby@abbyarnold.com> Sent:Sunday, January 10, 2021 12:25 PM To:Council Mailbox; councilmtgitems Subject:Item 2-B 1/12/21 EXTERNAL Dear Mayor Himmelrich and Council members: In a week when we are seeing a fascist assault on our democracy, I hope you will confirm your choice of Kristin McCowan as our Mayor Pro Tempore for the current Council term. Attempts to remove Councilmember McCowan from this position give the appearance of a nod to white supremacy here in Santa Monica. Councilmember McCowan was just elected to the City Council without opposition, and I’m proud to live in a City that elevates a highly qualified, home‐ grown Black woman to leadership. I encourage you to confirm Kristin McCowan as Mayor Pro Tempore. Very truly yours, Abby Arnold ______________________ (she, her, hers) Here's why abby@abbyarnold.com (310) 922-3636 (cell) Item 2.B 01/12/21 6 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 26 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Laurence Eubank <laurence.eubank@gmail.com> Sent:Monday, January 11, 2021 10:27 AM To:councilmtgitems Subject:Re Item 2B on 01/12/2021 CC agenda EXTERNAL Councilmembers Himmelrich, Parra, de la Torre, Brock, Davis, and McKeown: If Ms. McKowen does not recuse herself from the discussion and vote for Mayor and Pro Tem, you must require said recusal of her. Further, admitting to her Brown Act violation does not obviate its impact: regardless of intent or regret, Ms. McKowen broke the law, should be censured by the Council and be disqualified from holding the office of Mayor or Pro Tem for the remainder of her term. Actions must bear appropriate consequences. Respectfully, Laurence Eubank Item 2.B 01/12/21 7 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 27 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Elizabeth Lerer <elerer@elizabethlerer.com> Sent:Monday, January 11, 2021 11:51 AM To:councilmtgitems Cc:Sue Himmelrich; Councilmember Kevin McKeown; Gleam Davis; Kristin McCowan; Oscar de la Torre; Christine Parra; Phil Brock Subject:Make Phil Brock Mayor Pro Tem - Agenda Item 2B EXTERNAL Dear City Council Members, Please make Phil Brock Mayor Pro Tem. Thank you, Elizabeth Lerer Santa Monica Resident Item 2.B 01/12/21 8 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 28 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Tim Blaney <tb.timbo@verizon.net> Sent:Monday, January 11, 2021 11:26 AM To:councilmtgitems Subject:Item 2B EXTERNAL Phil Brock for Mayor Pro Tem. Tim Blaney SM Resident for 33 years Sent from my iPhone Item 2.B 01/12/21 9 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 29 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Jon Katz <tmbjon@gmail.com> Sent:Monday, January 11, 2021 12:58 PM To:Council Mailbox; sue.himmelrich@gmail.com; Kristin McCowan; Gleam Davis; Councilmember Kevin McKeown; Phil Brock; Oscar de la Torre; Christine Parra; Lane Dilg; councilmtgitems Subject:Item 2B EXTERNAL Mayor Himmelrich and City Council: I am writing today in my capacity as President of the Santa Monica Democratic Club. This week, our Board voted to support the reinstatement or reaffirmation of Councilmembers Himmelrich and McCowan to their roles as Mayor and Pro Tem, respectively. As a Santa Monica resident, I am proud that we have elected our first Black woman to City Council in Kristin McCowan, someone I've gotten to know over the last several months as a thoughtful and engaging leader who brings a new and much needed perspective to our City leadership. As the President of a political organization, I can always recognize a political attack dressed up as a procedural one, and that is what this is. Pro Tem McCowan publicly acknowledged her potential violations at the meeting, at which time the City Attorney was present and advised on how the Council should proceed. If a second vote is needed in order to pacify those concerned about optics, so be it. However, there is nothing in the Brown Act which states that a violation requires one to recuse oneself the next time this matter is voted on. As I said above, this is pure politics. Given all of the important matters facing the City Council, it is a shame that this is even coming up for a vote again at all. I ask you to please vote quickly and unanimously to retain the Himmelrich‐McCowan leadership team, even those of you who voted for other candidates in December. We saw last week in Washington what it looks like when opportunistic legislators take advantage of a pro forma vote in order to make a political point. Let's not repeat that mistake tomorrow night. Thank you, ‐Jon Katz ‐‐ tmbjon@gmail.com cell: (215) 962‐4357 Item 2.B 01/12/21 10 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 30 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Elena Christopoulos Sent:Monday, January 11, 2021 12:25 PM To:councilmtgitems; Gleam Davis; Councilmember Kevin McKeown; Sue Himmelrich; Kristin McCowan; Oscar de la Torre; Christine Parra; Phil Brock; Lane Dilg; Clerk Mailbox Subject:I support the first Black woman City Councilmember of Santa Monica / Item 2B I can’t believe I have to write this or waste any time on it but please spend NO time on item 2B. We have heard enough from white men. Enough! I’m so proud that we finally have our first Black woman City Councilmember and the fact that she is our Mayor Pro Tem is wonderful. This is such a racist item and it disgust me. We need to do better. A lot better. Black Lives Matter. #BLM Sincerely, Commissioners Elena Christopoulos & Richard Brand Get Outlook for iOS Item 2.B 01/12/21 11 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 31 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:hector cueva <aveuch@yahoo.com> Sent:Monday, January 11, 2021 2:29 PM To:councilmtgitems Subject:Item 2B EXTERNAL Please vote for Phil Brock for Mayor Pro Tem His 19319 votes; 1000+ above incumbent Davis speak for those of us who cannot mail in or phone in our opinion. The voters has spoken. Thank you, H. Cueva 1427 Berkeley Item 2.B 01/12/21 12 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 32 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Frank J Gruber <frankgrubersm@gmail.com> Sent:Monday, January 11, 2021 2:15 PM To:Council Mailbox; councilmtgitems Subject:Item 2B - Brown Act complaint EXTERNAL Dear Council Members, The Brown Act is a crucial element of California’s governmental process, but as anyone who has been subject to it must admit, it’s easy to make innocent mistakes. I’ve read Ms. Zurawska’s complaint about the votes for mayor and mayor pro tem, and it seems to me that she elevates form over substance. According to the City Attorney’s analysis, what Kristin McCowan informed three other council members of was information that she’d made public. The purpose of the Brown Act is to prevent decisions from being made in private, or on the basis of information only shared in private. Furthermore, Council Member McCowan, as soon as she realized she had violated the Act, contacted the City Attorney and followed his instructions on how to disclose the violation. As the City Attorney says in his response to Ms. Zurawska, not allowing a cure of the violation would only encourage future violations by council members to be kept quiet. For these reasons I hope that you will follow the City Attorney’s recommendations and vote for mayor and mayor pro tem just as you did before. Thanks for your attention, and take care, Frank Gruber 2442 Beverley Avenue 90405 Item 2.B 01/12/21 13 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 33 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:@ gregmorena <greg@gregmorena.com> Sent:Monday, January 11, 2021 3:04 PM To:councilmtgitems Subject:2B EXTERNAL Dear Mayor Himmelrich, Mayor ProTemme McKowan and honorable City Councilmembers I appreciate all of your efforts in these most difficult times and wish I could be there with you. In regards to 2b, I understand the complaint, the City Attorney's response and cures to the issue. I am writing to urge you to unite under unanimous vote and confirm Mayor Himmlerich and Mayor Pro Tem McKowan. Serving in your seat is challenging, to say the least, and I appreciate your concern of every resident. However, the action taken by Mayor Pro Tem McKowan adequately cured the issue, period. If any of you ever find yourself in the same situation, I would hope your action is similar to Mayor Pro Tem McKowan’s. More so, it pains me to see anybody suggest unlawful punishment to you, social or otherwise, outside of the law. You, as our elected leaders, have chosen to dedicate your time serving our city, anybody seeking punishment outside of the law should be summarily dismissed. As a native Santa Monican and lifelong resident of it’s South Side, I ask that you unify our entire council and our city. Vote unanimously to keep the two women I am proud to call our Mayor and Mayor Pro Tem. Sue and I were desk neighbors on the council and I know that she will be an excellent mayor, she is perfectly placed to lead our City and this council. Kristin and I have known each other since middle school and she was born for this! She has always been honest (hence the cure noted above) and now her extraordinary experience is perfect for these extraordinary times... Unite us, please, and let’s move forward....we have so much work to do and I’m looking forward to working with all of your talents as we lead and set the example for all cities to follow. In good health, GM greg@gregmorena.com Item 2.B 01/12/21 14 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 34 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Glen Greenfield <glengreenfield@verizon.net> Sent:Monday, January 11, 2021 4:21 PM To:councilmtgitems Subject:Mayor ProTem EXTERNAL Hello, As a long time resident of Santa Monica, and a 23 year veteran as a teacher in SMMUSD, I strongly urge you to support Kristen McCowan as Mayor ProTem. I’ve known Kristen, and followed her career for over twenty years. She is the ideal candidate for the job. Thank you, Glen Greenfield Sent from my iPhone Item 2.B 01/12/21 15 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 35 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Natalie Greenfield <natalielg26@gmail.com> Sent:Monday, January 11, 2021 4:21 PM To:councilmtgitems Subject:Mayor ProTem EXTERNAL Hello, As a resident of Santa Monica and someone who believes passionately in the future of this city, I strongly urge you to support Kristen McCowan Mayor ProTem. I have known Kristen for a few years, and have followed her career since then. She is the ideal candidate for the job. Sincerely, Natalie Greenfield Item 2.B 01/12/21 16 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 36 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Mark Verge <mark@thevergecompany.com> Sent:Monday, January 11, 2021 4:14 PM To:councilmtgitems Subject:Support EXTERNAL I am a business owner in Santa Monica. I love this city and our new City Council has been so present in these tough times. I would to love to support Kristin McGowan as Mayor Pro Tem. Please stay healthy and we will all survive together Mark Verge TheVergeCompany.com X CEO of Santa Anita Founder of WestsideRentals.com 310.422.0024 Item 2.B 01/12/21 17 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 37 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) January 9, 2021 RE: Item 2B, January 12, 2021 Agenda Dear Mayor Himmelrich, Mayor Pro Tem McCowan and Councilmembers: I am writing to urge you to re-elect Councilmember McCowan as Mayor Pro Tem of the City. Santa Monica touts itself as a city that values racial and ethnic diversity. This is your opportunity to put action behind those words. I have read Ms. Zurawska’s complaint and the City Attorney’s response and see no reason to revote on this issue. Other than the reason of acting with an overabundance of caution. That said, and after last week’s horrendous display of the assertion of white privilege in our nation’s capital, it is difficult not to view all public actions through the lens of white privilege. Indeed, if this revote results in Councilmember McCowan’s not being put back as Mayor Pro Tem, that is exactly how I will interpret your actions. I would go so far as to interpret it as a petite coup except for the fact that the City’s leadership is already predominantly white. Kristin McCowan is a highly qualified African American woman, born and raised in Santa Monica. She is the mother of young children, who works outside the home, but has nevertheless chosen to serve our city. This commitment to Santa Monica must be encouraged and applauded. I am confident that many of you embrace the value of ethnic and racial diversity in our city and its leadership. And I hope that others will follow your example. I urge you to re-instate Councilmember McCowan as Mayor Pro Tempore of the City Council. Sincerely, Leslie Lambert Sunset Park Resident Item 2.B 01/12/21 18 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 38 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Cynthia Rose <Cynthia.Rose@SMSpoke.org> Sent:Monday, January 11, 2021 4:46 PM To:Council Mailbox; councilmtgitems Cc:George S. Cardona; Lane Dilg; Denise Anderson-Warren Subject:Item 2B - aren't we better than this? EXTERNAL Dear Mayor and Coucilmembers On January 6th I looked forward to breathing a little easier. Instead, I did not expect to witnessed together with the world in disbelief and shock the ugly, visceral hate and violence of the day unfolded from a segment of our nation wilding it's undeniable belief in white supremacy with it's power and privilege. As I do my best to process and recover — neither did I expect to see the nurturing of these same seeds of disenfranchisement and privilege being nurtured here at home. In Santa Monica our recent emphasis has been to work to unravel the many layers of white power and privilege. Together with city leadership, this community has worked to make progress in Santa Monica — working toward, and not away from uplifting the voices of our youth and people of color — improving equity and empowering the voices of underserved neighbors and those the do not benefit historically from this privileged. Until now I have seen a council focused on values that improve racial and ethnic diversity and a commitment to elevating our youth. We should be celebrating the appointment and dedication to the City of a highly qualified African American woman, born and raised in Santa Monica, a Samohi graduate from the Pico Neighborhood in Councilmember McCowan ‐ not wasting time with an insulting display of privilege to disenfranchise by giving weight to the complaint with a revote designed to deny Councilmember McCowan deserved appointment. The complaint filed by Ms. Zurawska presents our community with nothing more than what appears to be a pitiful and petty power play from a seat of privileged that would only result in disenfranchising the very voices that should be uplifted. I don't think I need to remind this council the underbelly of racism exposed in our Nation and our midst, and that Santa Monica adopted a Black Agenda just this past year. Have we already strayed — allowing ourselves to be permeated with the ugliness of the National narrative again as we work to heal? This item only serves to stoke the fire by giving weight to a unfounded complaint where it is quite clear that any unintentional or alleged wrongdoing has already been disclosed, and more than adequately addressed. This complaint does not warrant the need for a revote or the unfounded calls for the exclusion of Councilmember McCowan from revote. As a resident I cannot help but find this charade a shameful display, and insulting power play put forth and lobbied by the privileged at a time when City Council should be using their limited and valuable time and efforts to addressing our City’s true problems. I ask Council to reaffirm Councilmember McCowan’s appointment in the same way our National leaders have rebuked plays for power using privilege, unfounded narratives and deflections and get on to the important people’s businesses. ‐‐ Cynthia Rose Director Santa Monica Spoke SMSpoke.org Item 2.B 01/12/21 19 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 39 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Alan <agdowling@aol.com> Sent:Monday, January 11, 2021 4:45 PM To:councilmtgitems Subject:Mayor Pro Tem EXTERNAL To the Santa Monica City Council: We have lived in Santa Monica for the past decade, and our large extended family includes at least three generations of Santa Monicans. All of the children and grandchildren have been or are being educated in Santa Monica‐Malibu schools, and all of the parents conduct our respective businesses and professional practices here. We have known Kristin McCowan personally for many years, and have followed (and admired) her career in public service and politics throughout that time. She is highly intelligent, responsible, personable, fair‐minded and devoted to her community, and we welcomed her appointment to the City Council, and subsequent confirmation in that position in the most recent election. We were likewise delighted to see her named as Mayor Pro Tem, not only because of her substantive qualifications but also because of the important signal it conveyed, at a crucial time, concerning Santa Monica’s commitment to action to achieve more diversity in local government. We strongly support Kristin and her work, and encourage all members of the Santa Monica City Council to vote for Kristin to continue as Mayor Pro Tem. We know that all members of our large extended family, and numerous friends and business colleagues in Santa Monica, feel likewise. Thank you for your past and, we hope, continued recognition of Kristin’s value, dedication and contributions to our community, as well as your own. Sincerely, Alan G. Dowling and Alison Ross 1043 Pacific St., No. 1 Santa Monica, CA 90405-1474 Tele: 818 679 6395 and 310 625 2667 Fax: 424 238 5366 Email: agdowling@aol.com and alisonrossla@aol.com Item 2.B 01/12/21 20 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 40 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Laurie Rosenthal <omdylanmom@yahoo.com> Sent:Monday, January 11, 2021 5:39 PM To:councilmtgitems Subject:Item 2B EXTERNAL Hello: I am writing to urge the City Council to make Phil Brock the City's next Mayor Pro Tem. There is no one who will work harder for the citizens of Santa Monica than Phil. We are, after all, a city made up of citizens first and foremost. Thank you, Laurie Rosenthal Item 2.B 01/12/21 21 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 41 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Caroline M. Torosis <ctorosis@gmail.com> Sent:Monday, January 11, 2021 5:32 PM To:councilmtgitems Subject:Item 2b - Strong support of chosen Mayor and Mayor Pro Tem EXTERNAL Good Evening: I am writing to express my strong support of Sue Himmelrich for Mayor and Kristin McCowan for Mayor Pro Tem, as previously chosen by the sitting City Council. Thank you, Caroline Item 2.B 01/12/21 22 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 42 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Anastasia Foster <arfoster888@gmail.com> Sent:Monday, January 11, 2021 5:04 PM To:councilmtgitems Cc:Caroline Torosis Subject:Mayor & Pro Tem EXTERNAL I adamantly support Sue Himmelrich for Mayor and Kristin McCowan for Mayor Pro Tem. > Anastasia Foster Item 2.B 01/12/21 23 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 43 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Carol Dickinson <caroldickinson@verizon.net> Sent:Monday, January 11, 2021 6:20 PM To:councilmtgitems Subject:Item 2B EXTERNAL Dear City Council, Please elect Phil Brock to be Mayor Pro Tem. He was the top vote getter in the City Council race in November. As a longtime resident, he has devoted years to making his beloved city a better place for all of us. We need Phil Brock as our Mayor Pro Team. He deserves that position. Sincerely, Carol Dickinson Item 2.B 01/12/21 24 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 44 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Burt Goldstein <tech@burtgoldstein.com> Sent:Monday, January 11, 2021 6:04 PM To:councilmtgitems Subject:Agenda Item 2B Santa Monica City Council Meeting January 12, 2021 EXTERNAL Dear Council Members, I am happy to know that the Brown Act is being enforced with respect to the choice of SM Mayor. I would ask the City Counsel to consider in future recommending that even the appearance of failure to comply be sufficient reason to err on the side of transparency. My understanding is that was not the response of the Counsel with respect to this issue. My feeling is the residents of SM have voted for a new City Council in order to emerge from an era of corrupt practices. Thus to begin with a shady, grey area is inauspicious. Let’s get in the spirit of a new, cleaner Council. Sincerely, Burt Goldstein Item 2.B 01/12/21 25 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 45 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Tom Lackey <tlaelvis@aol.com> Sent:Monday, January 11, 2021 8:25 PM To:councilmtgitems Subject:Re: Agenda "Item 2B" on Tuesday Jan. 2021 EXTERNAL Monday - Jan. 11, 2012 Phil Brock FOR Mayor Pro Tem Tom Lackey SM Resident Item 2.B 01/12/21 26 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 46 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Scott Wolfe <scott.a.wolfe@gmail.com> Sent:Monday, January 11, 2021 8:25 PM To:councilmtgitems Subject:Public Comment for Jan 12th 2021 Council Meeting - Item 2B Election of Mayor and Mayor Pro Tem EXTERNAL The City Attorney found no justification to assume there was a Brown Act violation. Going through another vote only legitimizes an invalid opinion. There is no reason to move forward with another vote unless there is wrong‐doing. And Mr Cardona clearly stated there was none. It is concerning to me that the City is allowing an obvious attack on the only Black woman and one of the more Progressive Councilmembers to be legitimized by a reselection process. Allowing Reactionaries to continue to push bad faith arguments through Council rules only slows down progress that needs to be made by the Council. Please change course on a reselection and election of Mayor and Mayor Pro Tem. Thank you, Scott Wolfe Item 2.B 01/12/21 27 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 47 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Marc Primiani <mprimiani@gmail.com> Sent:Monday, January 11, 2021 8:10 PM To:Kristin McCowan; Christine Parra; councilmtgitems; Gleam Davis; Councilmember Kevin McKeown; Oscar de la Torre; Phil Brock; Sue Himmelrich Subject:item 2B -1/12/21 Meeting EXTERNAL Council members, My understanding is that the City Council will redo its selection of a Mayor and Mayor pro tem due to concerns raised after the initial vote that provisions of the Brown Act were violated. Whether Council member McCowan intended to violate the Brown Act is not relevant at this point. Regardless of her intent, her negotiations with other Council members with respect to the election of a Mayor and Mayor pro term in private were a mistake and not appropriate. The City Attorney, Mr. Cardoza has gone on record alleging that her disclosure resulted in “substantial compliance” with the Brown Act. Frankly, I find this position spurious at best and I challenge the City Council to challenge Mr. Cardonza’s opinion by asking what purpose is a law if enforcement can be avoided by a simple “didn’t mean it.” The intent of the law was to keep these kind of conversations and the discourse that follows in a public forum...something that did not happen because of Council member McCowan’s last minute disclosure. (You should note that the last minute disclosure operated as a clear impediment to any such discussion...in fact, the chamber seemed so shocked by the revelation that no one knew how to proceed). Mr. Cardoza goes on to state that precluding Council member McCowan from participating in Tuesday’s vote would chill rather than encourage such disclosures. In response, I would argue that Mr. Cardoza’s position would instead actually encourage further such violations of the Brown Act since any such violation could be “remedied” by a last minute disclosure that “technically” satisfies Mr. Cardoza’s flawed interpretation of the law. Council member McCowan is a newly appointed council member who was re‐elected without opposition. At Tuesday’s meeting, I challenge Council member McCowan to demonstrate her integrity to the Santa Monica community in this matter by publicly admitting her error, assuring the electorate that she will do everything she can to avoid any future violation and recusing herself from the redo of the selection for Mayor and Mayor pro tem. The Santa Monica electorate demonstrated that it will not tolerate elected council members who ignore its residents. Council member McCowan made a mistake and her voluntary recusal would demonstrate to our community that she does not view herself above the law. To do otherwise is to be tone deaf to our community and will be well remembered the next time she is up for election. Marc Primiani 514 Alta Ave, Santa Monica, Ca 90402 ‐‐ Marc Primiani Item 2.B 01/12/21 28 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 48 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 4 Vernice Hankins From:Rebecca Rothstein <rebeccalrothstein@gmail.com> Sent:Monday, January 11, 2021 8:01 PM To:councilmtgitems Subject:Kristen McCowan for Mayor Pro Tem EXTERNAL Hello, I am writing in support of Kristen McCowan for Mayor Pro Tem. As a life long resident of Santa Monica I believe she has what it takes to help our city and improve it for the better. Thank you and stay safe! Rebecca Rothstein Cedar Street in Sunset Park Item 2.B 01/12/21 29 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 49 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 5 Vernice Hankins From:David Veloz <veloz@mac.com> Sent:Monday, January 11, 2021 7:32 PM To:councilmtgitems EXTERNAL I’m a seven‐year resident of Santa Monica. Item 2B on the agenda seems on its face to smack of racism and/or a personal problem. Let the Mayor Pro Tem do her job. Nothing against Brock, but it’s McCowan’s job. Best, David Veloz 1714 Oak St. Erratically thumbed into my phone, Item 2.B 01/12/21 30 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 50 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Azia Calderhead <aziacal@gmail.com> Sent:Monday, January 11, 2021 8:46 PM To:councilmtgitems Subject:Pledging Support for Mayor Pro Tem Kristin McCowan EXTERNAL Dear Council Members, At a time of democratic crisis on the national level, the most important standard we can demand from our leaders is integrity. Kristin McCowan made one thing clear on December 8 when she expressed her concern for violating the Browns Act ‐ we can trust her to lead with the truth. Kristin's choice demonstrated transparency in order to make things right, even if it posed a risk to herself. For many reasons, Kristin represents local Santa Monica constituents like my family and me, and we support her choice. I hope all the leaders on this body are able to say they would have made the same decision, encourage this level of transparency in future decisions, and view this as a learning experience for the body. During this difficult time, our community needs stability, transparency, and leadership that we can trust. I am extremely confident that we have this in our Mayor and Mayor Pro Tem and support them to the fullest extent. Thank you for your time. Best, Azia Calderhead Item 2.B 01/12/21 31 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 51 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Ariel Piotter <ariel.piotter@gmail.com> Sent:Monday, January 11, 2021 8:28 PM To:councilmtgitems Cc:JD Johnson Subject:Kristin McCowan should remain as Mayor Pro Tem EXTERNAL We support Kristin McCowan and believe she should remain as Mayor Pro Tem. Ariel Piotter and JD Johnson Residents of Santa Monica, California Sent from my iPhone Item 2.B 01/12/21 32 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 52 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Paul Song <paulysong@gmail.com> Sent:Monday, January 11, 2021 9:02 PM To:councilmtgitems Subject:Letter of Support EXTERNAL Dear Santa Monica City Council, As a long time resident of Santa Monica, I am writing this letter of strong support to keep Sue Himmelrich as Mayor and Kristen McCowan as our Mayor Pro Tem. As the city attorney ruled that no law was violated in December, I think any attempt to force City Councilmember McCowan to recuse herself from voting is a very blatant attempt at voter suppression. City Councilmember Himmelrich has distinguished herself with her long history of service to our community and beyond while consistently advocating for all Santa Monica residents. I believe that through her years on the city council, she has always proven to be on the right side of issues facing our city and is the perfect choice to lead our city during this very difficult time brought on by COVID. While Ms. McCowan is new to the city council, she is someone I have known and personally worked with during my time leading the Courage Campaign. As a Santa Monica native who graduated from Samo High School, Ms. McCowan represents everything that is great about our city. She has years of experience advocating and fighting for progressive issues on behalf of our most marginalized and disadvantaged. At a time of great racial tension, I believe having Santa Monica's first ever Black City Councilwoman serve as our Mayor Pro Temp would reinforce all that is good about Santa Monica, but more importantly, I truly believe she is the right person Item 2.B 01/12/21 33 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 53 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 to work closely with Mayor Himmelrich to execute the best possible plan for our city. Sincerely, Paul Y. Song, MD 234 Alta Avenue Item 2.B 01/12/21 34 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 54 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Jane Tucker <janetucker143@gmail.com> Sent:Monday, January 11, 2021 1:55 PM To:councilmtgitems Subject:Item 2B - make Phil Brock Mayor Pro Tem Dear City Council, As a 26+ year resident of Santa Monica and local employee I demand that you select Phil Brock as Mayor Pro Tem. This past election the residents of Santa Monia made it very clear that we want, need and demand change in Santa Monica! Phil Brock received the most votes which makes the most powerful statement as to why he above all others should be in this leadership position. Thank you. Jane Tucker 26+ year resident of Santa Monica and I VOTE in every election. Item 2.B 01/12/21 35 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 55 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) January 11, 2021 To Mayor Sue Himmelrich, Mayor Pro Tempore Kristin McCowan, Council members, Gleam Davis, Kevin McKeown, Christine Parra, Oscar de la Torre, and Phil Brock. Re: Mayor Pro Tem Kristin McCowan I am writing this letter in support of Council member Kristin McCowan, who was voted in as Mayor Pro Tem on December 08, 2020. Kristin was an excellent choice for this leadership role. She is more than qualified. In this time in our lives with the double pandemic of Covid-19 and Systemic Racism weighing heavily on our communities of color she has been a great asset and a sense of comfort. Growing up in Santa Monica confronting racism and injustice all of our lives my family and I were elated when Kristin was selected for appointment and then elected to fill the interim seat. Seeing the first African American female elected in Santa Monica brought so much hope for Santa Monica. Kristin’s youth, vibrancy and ability to understand the horrible plight of our marginalized communities should have made her a breath of fresh air for Santa Monica politics. Ever since her appointment she is constantly checking in with community members showing appreciation and support for our most marginalized and almost forgotten African American community. Councilmember Kristin has been that leadership light beam that we can count on. In addition to politics and great leadership we feel she represents with confidence; she is trustworthy she is current and in touch. She is someone that has all of our best interest at hand. Our community members feel that her admission of violating the brown act was clearly evidence of her ability to be openly transparent, honest and sincere as well as a politically knowledgeable leader. I personally am NOT SURPRISED but shocked at the nasty racist remarks, etc. that have been hurled at her on social media, both public and private. Let’s be clear, we need UNITY right now more than ever! Item 2.B 01/12/21 36 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 56 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) Pg. 2 Support for Kristin McCowan Mayor Sue Himmel rich and Mayor Pro tem Kristin McCowan SM city council is more than just a political career they care about our City, our residents and our communities of color. They have shown us as council member by and their actions. They value both the City and The PEOPLE. They have used their great leadership intuitiveness to bring UNITY and HEALING to our City by the way they tune into community and by the items voted on regarding Equity, Diversity, and Inclusion and the Police Commission. So, I am hoping moving forward with ALL council members and staff following their lead and getting behind them we will go on to be what Santa Monica stands for to “Do the Right thing Right”! Always in Service, Robbie Jones 0ver 60yr resident of the Pico Neighborhood Item 2.B 01/12/21 37 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 57 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:russell belinsky <rbelinsky@me.com> Sent:Monday, January 11, 2021 9:22 PM To:councilmtgitems Cc:Councilmember Kevin McKeown; Clerk Mailbox; Gleam Davis; Ted Winterer; tony.vazquez@smgov.net Subject:McCowan EXTERNAL All. I. am advocating that McCowan should recuse herself as a show of her integrity and acknowledgement of her inappropriate conduct. McCowan violate the Brown Act. I also request a full investigation of the violation. Best. Russ Belinsky 527 alta ave SM CA 90402 Sent from my iPhone Item 2.B 01/12/21 38 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 58 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Josh Levy <mosh426@gmail.com> Sent:Monday, January 11, 2021 9:44 PM To:councilmtgitems Subject:Agenda item 2B / mayor pro tem EXTERNAL Dear Council Members and those concerned, I’m writing to voice my support for electing Kristen Mccowan to Mayor Pro Tem for the City of Santa Monica. I have known Kristen for 25+ years and believe her to be uniquely qualified for this role. She is smart, caring and I believe she is a person of the highest character and morals. Our city is lucky to have her as an official and I believe she is the right choice to be a leader within the council. Please vote for her tomorrow night. Best, Josh Levy 310‐487‐2179 Sent from my iPhone Item 2.B 01/12/21 39 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 59 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Angela Scott <appointedscribe7@gmail.com> Sent:Monday, January 11, 2021 10:58 PM To:Sue Himmelrich; Kristin McCowan; Councilmember Kevin McKeown; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; councilmtgitems Subject:COMMENT FOR ITEMS 2B AND 7A OF JANUARY 12 CITY COUNCIL AGENDA EXTERNAL January 11, 2021 RE: ITEM 2B - RECALL OF MAYOR AND MAYOR PRO-TEM ITEM 7A - ORDINANCE OF THE SANTA MONICA CITY COUNCIL ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.5 TO ESTABLISH A PUBLIC SAFETY AND REFORM OVERSIGHT COMMISSION Dear City Councilmembers: First off, I'd like to say, "Welcome Aboard," to Councilmembers Brock, Parra, and De la Torre. I look forward to experiencing the effective change you vowed to implement. Item 2B As a Pico-area resident, community activist, and education advocate, I support the continued leadership of Mayor Sue Himmelrich and Mayor Pro-Tem Kristin McCowan. Mayor Himmelrich’s reputation as a voice that represents Santa Monica’s diverse community is exemplified in her profession as an anti-poverty attorney at Western Center on Law & Poverty representing. Considering more than 70% of residents are tenants, it’s reassuring to know Mayor Himmelrich has an extensive background in housing and rent control. As we navigate our way through this time of COVID-19 and civil unrest, Mayor Himmelrich’s policy insight is invaluable. She successfully spearheaded reform efforts to streamline our financial infrastructure by establishing an audit committee. In an effort to improve the opportunities for marginalized residents, foster children in impact cases, and students with special needs, Mayor Himmelrich sponsored Measures GS and GSH to raise money for affordable housing and school improvement. Following the May 31 riot here in Santa Monica, Mayor Himmelrich reached out to Black leaders/influencers to help address issues of systemic racism and public safety concerns. Her efforts led to the formation of the Black Agenda as well as the launching of the after-action review of the May 31 mayhem. Instead of resting on laurels of past successes, Mayor Himmelrich continues to fight for affordable housing, access to high-quality education, and decent living wages. Mayor Himmelrich has all the characteristics of a strong leader – the kind of leader who will safely guide us through these unchartered waters. I fully support Mayor Pro-Tem Kristin McCowan. As a second-generation Santa Monican of Black and Italian ancestry, Mayor Pro-Tem McCowan has the innate ability to view all issues from a Social Justice lens of equity. Her previous experience working for FEMA, the Obama Administration, and Mayor Garcetti has more than equipped Mayor Pro-Tem McCowan for the difficult road ahead. More importantly, Mayor Pro-Tem McCowan is a passionate advocate for systemic change. I believe Mayor Pro-Tem McCowan will effectively address Item 2.B 01/12/21 40 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 60 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 reimagining public safety, access to affordable housing, improve healthcare access, and economic stability – issues that have disproportionately affected people of color during this pandemic. ITEM 7A Like many others, I regret the unfortunate events from May 31, 2020. This tragic event is a sore reminder of the systemic racism that exists within law enforcement agencies. At the same time, this incident proved to be a catalyst, igniting change in our beloved city. As an unapologetic advocate for criminal justice reform and member of the Public Safety Reform Advisory Committee, I believe transparency and accountability are pivotal in our work to reimagine public safety. The City Staff made a diligent effort in developing this robust Ordinance based on the Public Safety Reform Advisory Committee’s recommendations. I strongly urge the Council to approve the Ordinance to Establish a Public Safety Reform and Oversight Commission. Creation of an Oversight Commission that is diverse and inclusive of Santa Monica’s varied communities is a crucial first step in addressing continued issues of implicit and explicit bias, racial profiling, and microaggression that our community often experiences when dealing with SMPD. Among this inclusive and diverse group of commissioners, at least two commissioners should be between the ages of 18 and 25. I also believe adding an Inspector General as a conduit between the Commission and SMPD will meet the need for an expert in law enforcement. Accepting the Ordinance in its entirety based on the recommendations of the Public Safety Reform Advisory Committee exemplifies the City Council’s commitment to reimagining community policing and creating a safer and just city. Respectfully, Angela D. Scott Pico Area Resident and Activist Angela D. Scott "You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm Item 2.B 01/12/21 41 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 61 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Mara Thompson <mythmara@me.com> Sent:Monday, January 11, 2021 10:43 PM To:councilmtgitems Subject:Vote for Phil Brock- Pro Tem Item 2B EXTERNAL VOTE FOR ‐ Phil Brock FOR Mayor Pro Tem Mara Thompson Santa Monica Item 2.B 01/12/21 42 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 62 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Shannon Yoshikawa <shannonyoshikawa@hotmail.com> Sent:Tuesday, January 12, 2021 8:09 AM To:councilmtgitems; Phil Brock; Christine Parra; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Gleam Davis; Councilmember Kevin McKeown Subject:2B - re-selection of Mayor and Mayor Pro Tem EXTERNAL Dear Mayor Himmelrich and Council Members: I am writing to express my hope that the re-selection of the Mayor and Mayor Pro Tem scheduled for January 12, 2021 will result in a member of the residents’ slate being included in the Council leadership. This will be a nod to the wishes of the residents who had voted out the three incumbents last November. During the December 8, 2020 selection, I could not help but think that it was highly inappropriate of the newly selected Mayor Himmelrich to cast the deciding vote for Mayor Pro Tem for Council Member McCowan, rather than a member of the slate. It was a snub that I had not expected from Council Member Himmelrich. For six years Council Member Himmelrich had been the outsider on the Council, the lone supporter of slow growth for our City. I heard many residents empathize with Council Member Himmelrich for having no support on the Council to be able to represent the interests of Santa Monicans instead of the developers. I heard many residents justify some of Council Member Himmelrich’s votes by saying that she had to “play the game” with the majority of the previous Council. Unfortunately, on December 8, Council Member Himmelrich disappointed me. After the three residents’ slate members were sworn in, and ready to participate in the selection of the leadership, Council Member Himmelrich did not select any of them when voting for the Mayor Pro Tem. Item 2.B 01/12/21 43 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 63 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Instead of acknowledging that the residents had expressed their desire for change, Council Member Himmelrich turned her back on the slow growth slate and selected the recently appointed Council Member McCowan instead. It appears to me that Council Member McCowan is on a fast track to a political career outside Santa Monica, and is using this City, from which she was gone for many years, to build up her political resume. Council Member McCowan’s loyalties seem to lie with the developers. She has voted for the Miramar project and for the Plaza twice - including after SMLC sued the Council over the approval of the project. Why would Council Member Himmelrich choose to align herself with Council Member McCowan rather than a member of the residents’ slate? Is there some kind of a deal between Council Member Himmelrich and Council Member McCowan? Is that why Council Member McCowan was promoting herself and Council Member Himmelrich for the leadership positions so feverishly that she violated the Brown Act in the process? There is a mandate to share the Council leadership positions with a member of the residents’ slate. I ask the Council to get the selection of the Mayor and Mayor Pro Tem right this time - the residents/voters are watching. Shannon Yoshikawa, Santa Monica Resident Item 2.B 01/12/21 44 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 64 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Denise Anderson-Warren Sent:Tuesday, January 12, 2021 8:06 AM To:councilmtgitems Subject:Fwd: Item 2.B Reselection of Mayor and Mayor Pro Tem From: Nat Trives <ntrives@verizon.net> Sent: Monday, January 11, 2021, 8:00 PM To: Sue Himmelrich; kristin.mcgowan@smgov.net; Gleam Davis; Councilmember Kevin McKeown; Phil Brock; Christine Parra; Oscar de la Torre Cc: Lane Dilg; george.cordova@smgov.net; Denise Anderson‐Warren Subject: Item 2.B Reselection of Mayor and Mayor Pro Tem EXTERNAL Honorable Mayor & Members of the City Council: I read the staff report on item 2.B and wish to comment on the newness of you all as a team representing our City as a unit even though you all have given this City many years of service. I suggest that you all consider what's best for you is to remain as a deliberative body publicly debating on issues and ultimately setting policies that serve the peoples needs and priorities as you have determined them to be. I feel that Mayor Pro Tem Kristin McGowan was duly elected to serve and based on the Interim City Attorney's report that she has publicly disclosed any errors she may have made with respect to the Brown Act and the matter is cured and she should retain her right to serve in any position her colleagues might bestow upon her, including remaining as Mayor Pro Tem. Congratulations and best wishes to all of you for serving our great City of Santa Monica. Nat Trives Retired College Administrator 310-399 1788 Item 2.B 01/12/21 45 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 65 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Barbars King <kingbees444@gmail.com> Sent:Tuesday, January 12, 2021 8:52 AM To:councilmtgitems Subject:Item 2B EXTERNAL I respectfully request that Phil Brock be elected Pro tem Mayor Barbara King 4th St, Santa Monica Sent from my iPhone Item 2.B 01/12/21 46 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 66 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Bill Parent <wmbparent@gmail.com> Sent:Tuesday, January 12, 2021 9:57 AM To:councilmtgitems Cc:Phil Brock; Christine Parra; Gleam Davis; Kristin McCowan; Sue Himmelrich; Councilmember Kevin McKeown; George S. Cardona; Lane Dilg Subject:Item 2B EXTERNAL Dear Mayor Himmelrich and City Council: I am writing to express my disgust and anger at the effort to remove Kristin McCowan from the position of Mayor Pro Tem at the urging of Olga Zurawaska. I am reminded of the occasions when I was chair of the Social Services Commission, Ms. Zurawaska in public comment singled out the attendance record of the Commission's only African American member and called for her dismissal. While attendance requirements for commissions are in the by‐laws, the City's norms of civility, sensitivity to the personal challenges, and a sense of decency, rightly steered the commissions and City Hall from singling out civic volunteers punitively during their terms, especially on commissions whose roles are primarily advisory. Ms. Zurawaska's current aim at Council Member McCowan for an alleged minor and inconsequential Brown Act violation does not surprise me. But that she has found strength and support from a newly empowered political faction of the city, is deeply concerning and disturbing, especially in light of Santa Monica's dubious history on race and our current growing national and regional civil divides. The City Council should reject this effort for what it is and unequivocally and unanimously support Kristin McCowan as Mayor Pro Tempore. Respectfully, Bill Parent Item 2.B 01/12/21 47 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 67 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Leslie Butchko <lesliebutchko@gmail.com> Sent:Tuesday, January 12, 2021 9:52 AM To:councilmtgitems Subject:1/12/2021 Agenda Item 2-B EXTERNAL Dear Council Members, I support Phil Brock for Mayor Pro Tem because he received the highest number of votes in the recent election. Leslie Butchko Item 2.B 01/12/21 48 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 68 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Ron Part <ron.part@me.com> Sent:Tuesday, January 12, 2021 9:23 AM To:councilmtgitems Subject:Re item 2B EXTERNAL Clearly Phil Brock, largest vote getter in the recent election, should be Mayor Pro Tem. Please vote for somebody actually elected by the citizens and not someone appointed. Sent from my iPad Item 2.B 01/12/21 49 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 69 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 4 Vernice Hankins From:Gina Shayefar <ginasdds@gmail.com> Sent:Tuesday, January 12, 2021 9:21 AM To:councilmtgitems Cc:Mike Shayefar Subject:Agenda item 2B EXTERNAL To whom it may concern, My understanding is that On Tuesday for the first time since 2014, the public will be allowed to comment on the selection of the Mayor and Mayor Pro Tem. Phil Brock got the most votes in the election and he should be Mayor Pro Tem. He is an activist Councilmember who supports the police and safety for the residents. I believe Phil will work well with Mayor Sue Himmelrich. Thank you Gina and Michael Shayefar 310‐770‐7858 Sent from my iPhone Item 2.B 01/12/21 50 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 70 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 5 Vernice Hankins From:Denise Anderson-Warren Sent:Tuesday, January 12, 2021 9:12 AM To:councilmtgitems Subject:Fwd: Open Letter to Santa Monica City Council Regarding Reselection of Mayor and Mayor Pro Tem on January 12, 2021 Add to for 2.B. From: OZ <zurawska@yahoo.com> Sent: Monday, January 11, 2021 8:48:32 PM To: Sue Himmelrich <Sue.Himmelrich@SMGOV.NET>; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Councilmember Kevin McKeown <Kevin.McKeown@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET> Cc: George S. Cardona <George.Cardona@SMGOV.NET>; Denise Anderson‐Warren <Denise.Anderson‐ Warren@SMGOV.NET>; Lane Dilg <Lane.Dilg@SMGOV.NET> Subject: Open Letter to Santa Monica City Council Regarding Reselection of Mayor and Mayor Pro Tem on January 12, 2021 EXTERNAL Dear Councilmembers: Please see the open letter to the Santa Monica City Council regarding the reselection of Mayor and Mayor Pro Tem on January 12, 2021: https://www.smobserved.com/story/2021/01/11/opinion/open-letter-to-santa-monica-city-council- regarding-reselection-of-mayor-and-mayor-pro-tem-on-january-12-2021/5215.html Regards, Olga Zurawska RE Item 2.B 01/12/21 51 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 71 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 6 Vernice Hankins From:Brie DeWind <briedewind@gmail.com> Sent:Tuesday, January 12, 2021 9:04 AM To:councilmtgitems Subject:Kristin McCowan Mayor pro Tem EXTERNAL I support Kristin McCowan and believe she should remain as Mayor Pro Tem. Thank you, Brieanne De Wind ‐ Santa Monica Resident Sent from my iPhone Item 2.B 01/12/21 52 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 72 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 7 Vernice Hankins From:Matthew Stevens <mastevens0131@gmail.com> Sent:Tuesday, January 12, 2021 8:57 AM To:Sue Himmelrich; Kristin McCowan; Gleam Davis; Councilmember Kevin McKeown; Phil Brock; Christine Parra; Oscar de la Torre Cc:councilmtgitems Subject:Item 2B - Kristin McCowan for Mayor Pro Tem EXTERNAL Dear Mayor Himmelrich and City Council: Below are my thoughts on Item 2B. I posted this on Facebook yesterday and am sending it to you now for the public record. Regards, Matt Stevens If anyone best represents "the residents", it's Kristin McCowan. She earned 32,440 votes in November - a majority of all ballots cast in Santa Monica in 2020. The next best showing was Phil Brock at 19,319. Still respectable but nowhere near the mandate that Kristin received. I hope Council recognizes this mandate tomorrow and re-selects Kristin McCowan as Mayor Pro Tem. If anyone has a rightful claim to the position, it is Kristin. That said, I think there's more to this issue. I find it really difficult to not to see the parallels between Republicans in DC trying to overturn the presidential election and certain people (and maybe Councilmembers?) in Santa Monica trying to overturn the selection of Mayor and Mayor Pro Tem. It's on a different scale but the impulse is the same - undermining our democratic process because you don't like who was put in charge. The City Attorney made it very clear that no law was violated in December. That should have been the end of this but what's lawful or not is seemingly not good enough for everyone. I find that to be very regrettable. It sends a bad signal about the rule of law in Santa Monica and it will encourage more bad faith attempts to undermine our city's government in the future. Item 2.B 01/12/21 53 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 73 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:D'Orsogna, Maria-Rita R <dorsogna@csun.edu> Sent:Tuesday, January 12, 2021 10:51 AM To:councilmtgitems Subject:Item 2-B - City Council re-election EXTERNAL To: Santa Monica City Council Re: Agenda Item 2B Jan. 12, 2021 Dear Councilpersons, I have been following the selection process for the new Mayor and Mayor Pro Tempore of the City of Santa Monica, that began after the November 3rd elections. Due to the “hub and‐spoke” serial meetings involving Council‐person Kristin McCowan, and the resulting violation of the Brown Act, I would like to offer my perspective regarding the vote that you will shortly re‐conduct for the positions of Mayor and Mayor Pro Tempore of our city. Of course, due to her violation of the Brown's act, it would be most wise if Councilperson McCowan refrained from participating in the selection process, and, ca va sans dire, that she be not nominated or self‐nominated for either position. I also would like to strongly encourage you to appoint Phil Brock to the position of Mayor Pro Tempore, and to retain Sue Himmelrich as Mayor. Of course, Mr. Brock was the most voted in the last election cycle for the four year Council position and it would be respectful of the electorate and its wishes that he took the position. I believe he and Mayor Himmelrich would work well together for the good of Santa Monica. As a newly elected council person Phil will fresh eyes and perspective to the job that could complement Mayor Himmelrich's experience. Also, Phil has a strong track‐record of civic engagement in Santa Monica as his many years of experience on City commissions can attest. I believe that he will be a strong advocate for residents and not be beholden to the interests of the too many developers that threaten to destroy Santa Monica. Finally, it would be good if all members of the City Council underwent training regarding the proper protocols of the Open Meeting law and to follow it when electing public servants. In closing, please consider voting Phil Brock for the position of Mayor Pro Tempore. Sincerely, Item 2.B 01/12/21 54 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 74 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Maria R D'Orsogna, PhD Associate Director, Institute for Pure and Applied Math (UCLA) Item 2.B 01/12/21 55 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 75 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Robin Nydes <robin@nydes.com> Sent:Tuesday, January 12, 2021 11:24 AM To:councilmtgitems Cc:Kristin McCowan; Christine Parra; Gleam Davis; Councilmember Kevin McKeown; Oscar de la Torre; Phil Brock; Sue Himmelrich Subject:Brown Act, Item 2B, todays meeting EXTERNAL Dear Council, There has been community discussion and broad based concern about a Brown Act violation in the selection of Mayor & Mayor Pro Tem. Many resident private attorneys disagree with the City Attorney’s characterization of “substantial compliance” in the private Council discussions that took place outside of public view and commentary, especially for the role of Mayor at a time of severe crisis. In light of these concerns, Councilmember McCowan “did the right thing” in her offer to recuse herself from any vote for these positions. Though Councilmember McCowan may not have had any ill will, there should be open, public discussion as to who is the most appropriate person to lead the Council at the most critical time, from a public health and budgetary crisis perspective, in living memory. Best, Robin Nydes 506 Palisades Avenue Item 2.B 01/12/21 56 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 76 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Shawn Landres <shawn@landres.com> Sent:Tuesday, January 12, 2021 10:57 AM To:councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Councilmember Kevin McKeown; Christine Parra Cc:Lane Dilg; George S. Cardona Subject:Item 2B EXTERNAL Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and Councilmembers Brock, Davis, de la Torre, McKeown, and Parra, The Brown Act ensures that the people's business is conducted in full view of and with the participation of the people. Like all of you in your respective roles, I take it seriously, both in my role as one of your serving commissioners and as a frequent participant in public comment. While the pandemic has exposed some of the Brown Act's limitations, the prohibition on serial meetings is not among them. Responsibility and accountability for a serial meeting (whether intentional or not) clearly rests with the body ‐ in this case, the City Council as a whole, not with any individual member. The law is clear, and the remedies are clear. Your actions tonight, entirely at your discretion, reflect your collective attention to and concern for the law and for the public's continuing trust in our City government. However, the attempt by some people to criminalize the behavior of a single councilmember, and to impose invented penalties where none exist, is distressingly reminiscent of recent attempts to overturn the U.S. elections and undermine our constitutional democracy by inventing fictitious oversight processes where none exist. And if we cannot and should not ignore blatant attempts to disenfranchise the votes of hundreds of thousands if not millions of African American voters nationwide, then we cannot and should not ignore similarly blatant attempts to disenfranchise the Council's sole African American councilmember. The Brown Act is intended to strengthen our constitutional democracy and reinforce public trust in our democratic institutions. Please do not permit it to become a weapon that accomplishes exactly the opposite. Sincerely, Shawn Landres Item 2.B 01/12/21 57 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 77 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Mario Fonda-Bonardi <mario@fbharchitects.com> Sent:Tuesday, January 12, 2021 11:51 AM To:councilmtgitems Subject:2B Mayor appointment redo EXTERNAL Dear Council Members We need to seriously clean up our City’s act in this time of moral, leadership, health and financial crisis. Specifically Kristin Mc Gowan’s first act on December 8,2020 as an elected council person was to admit she violated the Brown Act by engaging with more than 2 other council members in discussing positions for the mayor and mayor pro tem. Kudos to her for the admission, but the City Attorney’s advice then was substantially faulty by allowing her to proceed to vote on the issue and ultimately benefit by an appointment. She should have been instructed by the City attorney to recuse herself when that issue came up. Instead the attorney essentially told her the “confession" was enough and to proceed as if nothing happened. This manifest violation and lack of consequence tells us why people are so cynical and disbelieving of the City’s leadership. It also shows residents, who all should be able to rely on their elected and appointed officials probity and honesty, have to again, unfortunately, sue the City just to get them to follow the law. And again in this time of financial crisis, civic resources are being wasted on battles that should not have to be fought had officials simply followed the law to begin with. Compounding the error of course would be to just repeat the contaminated election all over again pretending this is a perfect remedy to the two wrongs. Residents expect more transparency and accountability from their City leaders. This is especially critical now when at a national level we have leaders who knowingly mislead their constituents for publicity gain and then fake surprise at the consequences. Fortunately there is a simple remedy to avoid a cynical repeat charade vote. She can follow Council person Gleam Davis’s potential conflict of interest example on the Miramar project and proactively recuse herself from the repeat vote. The recusal would not prevent her from possibly retaining her pro tem position should the other members agree. But it would send a clear signal of her willingness to clean up the mess she and the City attorney created, and thus start the new year with her and the Council’s credibility intact. We should aways take the opportunity to do the right thing particularly when we get a second chance. Mario Fonda‐Bonardi AIA Mario@fbharchitects.com 310‐699‐0374 Item 2.B 01/12/21 58 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 78 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Marc Abraham <m.abraham@strike-ent.com> Sent:Tuesday, January 12, 2021 12:02 PM To:councilmtgitems Subject:City Council vote for Mayor and Mayor Pro tem EXTERNAL I strongly support the idea that council members of the Change slate be among the city government’s leadership positions. The recent election made it absolutely clear that Santa Monica needs leadership reform and therefoer it is essential that the new change slate members are given the opportunity to help facilitate this reform … and from the strongest positions possible. The time is now. Marc Abraham 40 year resident of Santa Monica Item 2.B 01/12/21 59 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 79 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) Santa Monica Black Agenda Date: January 12, 2021 To: City Council Members and Lane Dilg, Interim City Manager Santa Monica community members of The Santa Monica Black Agenda strongly support the original selection by you of Kristin McCowan as Mayor Pro-Tem! Ms. McCowan self-reporting of her conversations with other council members is the type of action that shows character and integrity, which is just what we want to see in our elected officials. Furthermore, any action to exclude Ms. McCowan from voting again in the selection process for Mayor and Mayor Pro-Tem would send a clear message to our community that you as an elected official do not value transparency and self-evaluation. As stated by George Cardona Santa Monica Interim City Attorney in December “McCowan might have engaged in a serial meeting but that her disclosure resulted in "substantial compliance" with the Brown Act.” We urge you to re-elect both Sue Himmelrich as Mayor and Kristin McCowan as Mayor Pro-Tem. Thank you, Santa Monica Community Members Of The Black Agenda Item 2.B 01/12/21 60 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 80 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Herb Stahl <ghstahl@gmail.com> Sent:Tuesday, January 12, 2021 12:51 PM To:councilmtgitems Subject:re Item 2B EXTERNAL Dear Santa Monica Council I would like to give my support to Phil Brock for Mayor Pro Tem. I voted for Phil, I trust him and he represents my families values and our love for this community. Again Please make Phil Brock our Mayor Pro Tem. Sincerely George (Herb) Stahl 2324 Idaho Ave Santa Monica, CA 90403 310.383.7030 Item 2.B 01/12/21 61 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 81 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Angela Scott <appointedscribe7@gmail.com> Sent:Tuesday, January 12, 2021 1:17 PM To:Sue Himmelrich; Kristin McCowan; Councilmember Kevin McKeown; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; councilmtgitems Subject:COMMENT FOR ITEM 2B OF JANUARY 12 CITY COUNCIL AGENDA EXTERNAL RE: ITEM 2B - RECALL OF MAYOR AND MAYOR PRO-TEM Dear City Councilmembers: As a Pico-area resident, community activist, and education advocate, I support the continued leadership of Mayor Sue Himmelrich and Mayor Pro-Tem Kristin McCowan. Mayor Himmelrich’s reputation as a voice that represents Santa Monica’s diverse community is exemplified in her profession as an anti-poverty attorney at Western Center on Law & Poverty representing. Considering more than 70% of residents are tenants, it’s reassuring to know Mayor Himmelrich has an extensive background in housing and rent control. As we navigate our way through this time of COVID-19 and civil unrest, Mayor Himmelrich’s policy insight is invaluable. She successfully spearheaded reform efforts to streamline our financial infrastructure by establishing an audit committee. In an effort to improve the opportunities for marginalized residents, foster children in impact cases, and students with special needs, Mayor Himmelrich sponsored Measures GS and GSH to raise money for affordable housing and school improvement. Following the May 31 riot here in Santa Monica, Mayor Himmelrich reached out to Black leaders/influencers to help address issues of systemic racism and public safety concerns. Her efforts led to the formation of the Black Agenda as well as the launching of the after-action review of the May 31 mayhem. Instead of resting on laurels of past successes, Mayor Himmelrich continues to fight for affordable housing, access to high-quality education, and decent living wages. Mayor Himmelrich has all the characteristics of a strong leader – the kind of leader who will safely guide us through these unchartered waters. I fully support Mayor Pro-Tem Kristin McCowan. As a second-generation Santa Monican of Black and Italian ancestry, Mayor Pro-Tem McCowan has the innate ability to view all issues from a Social Justice lens of equity. Her previous experience working for FEMA, the Obama Administration, and Mayor Garcetti has more than equipped Mayor Pro-Tem McCowan for the difficult road ahead. More importantly, Mayor Pro-Tem McCowan is a passionate advocate for systemic change. I believe Mayor Pro-Tem McCowan will effectively address reimagining public safety, access to affordable housing, improve healthcare access, and economic stability – issues that have disproportionately affected people of color during this pandemic. In a time when transparency and accountability are of optimal concern, Mayor Pro-Tem Kristin McCowan's self-reporting is a true example of integrity and strong character. All elected officials should be transparent and be accountable for all actions. It's my hope that this decision will be made based upon the city's best interest. Item 2.B 01/12/21 62 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 82 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Respectfully, Angela Angela D. Scott "You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm Item 2.B 01/12/21 63 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 83 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Daniel Galamba <galambadb@hotmail.com> Sent:Tuesday, January 12, 2021 1:17 PM To:councilmtgitems Subject:January 12, 2021 City Council Meeting Agenda Item 2B-Please include Change Slate Member in New Council Leadership EXTERNAL Dear City Council‐I request that you include Change Slate Members in the new Council Leadership. This last November the voters of Santa Monica plainly showed that they want new leadership in Santa Monica and this includes our City Council Leadership. Therefore it is only appropriate that Phil Brock, Christine Parra and Oscar DeLaTore be included in the Council Leadership. Also I must request that Council Member McCowan recuse herself for consideration for her violation of the Brown Act. To not do so only encourages Brown Act violations by Councilmembers knowing that as long as they publicly disclose the unlawful communications at a Council meeting, they simply will be allowed to move on as if the violation did not occur. This is crime without any punishment. Violations of the law must have some consequences, otherwise why not just simply violate the law? Thank you. Sincerely, Dr Daniel Galamba Item 2.B 01/12/21 64 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 84 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 4 Vernice Hankins From:Helene Zimmerman <hbzimmerman@yahoo.com> Sent:Tuesday, January 12, 2021 1:16 PM To:councilmtgitems Subject:vote for mayor and mayor pro tem EXTERNAL Phil Brock should be the logical choice for Mayor. McCowan should not be allowed to vote in this upcoming election. The Mayor Pro Tem should be one of the newly elected members. Santa Monica is ready for new leadership to represent the residents of this city; not the developers.The December selection was unethical if not illegal. Helene Zimmerman Item 2.B 01/12/21 65 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 85 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Nicholas Rolston <nicholaswrolston@gmail.com> Sent:Tuesday, January 12, 2021 1:52 PM To:councilmtgitems; Lane Dilg; Attorney Mailbox Subject:Council Mayor & Mayor Pro Tem Elections EXTERNAL Good Afternoon Council Members, City Manager & City Attorney, I'm writing to express my support tonight for Kristin McCowan for Mayor Pro Tem. I look forward to the future with our current Council Members, and am excited about Kristin's perspective & experience serving in the Pro Tem role. Along with other Council Members that were running for this past Election, I support Kristin‐ and that support continues. I'm proud of her for identifying the Brown Act violation and being honest & upfront. As a long‐term, engaged citizen this does not preclude her in my eyes of being a viable option as Mayor or Mayor Pro Tem. I look forward to seeing all Council Members proceeding with honor & virtue, and hope to see Kristin as Mayor Pro Tem this evening. Best, Nicholas Rolston Item 2.B 01/12/21 66 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 86 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Keith Coleman <keith.coleman@alumni.stanford.edu> Sent:Tuesday, January 12, 2021 1:52 PM To:councilmtgitems Subject:SM City Council Mtg 1/12/21 - 2. Special Agenda Items_B: Election of Mayor/Mayor Pro Tem EXTERNAL Date January 12, 2021 To: Santa Monica City Council Members and Lane Dilg, Interim City Manager, Re: Election of Mayor/Mayor Pro Tem As a Santa Monica parent and community member, I decidedly encourage your initial choice of Kristin McCowan as Mayor Pro-Tem. City staff indicate, Councilmember McCowan “promptly and voluntarily disclosed the discussions” which is reflective of self- awareness, honesty, and accountability – positive traits for governance. Suggestions that Councilmember McCowan should be “precluded from participation as punishment” could be viewed as unfair, inequitable, and not relevant. City staff notes the “selection of the Mayor and Mayor Pro Tem at the open and public Dec. 8, 2020 meeting occurred in substantial compliance with the Brown Act.” I support a decision to re-elect both Sue Himmelrich as Mayor and Kristin McCowan as Mayor Pro-Tem. Thank You, Keith Coleman Item 2.B 01/12/21 67 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 87 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Susan Stahl <susan528@hotmail.com> Sent:Tuesday, January 12, 2021 1:44 PM To:councilmtgitems Subject:Agenda item 2B / 12 January 2021 EXTERNAL Please make Phil Brock Mayor Pro Tem at Tuesday's Council meeting (Agenda item 2B). Phil Brock got the most votes in the election and he should be Mayor Pro Tem. We need an activist Councilmember who supports the residents to work with Mayor Sue Himmelrich. Phil is fighting for the residents and we need him in a leadership position on Council Sincerely, Susan Stahl 310.383.7031 2324 Idaho Avenue Santa Monica 90403 Item 2.B 01/12/21 68 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 88 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 4 Vernice Hankins From:Brian O'Neil <bpo42@yahoo.com> Sent:Tuesday, January 12, 2021 1:31 PM To:councilmtgitems; Sue Himmelrich; Phil Brock; Gleam Davis; Christine Parra; Oscar de la Torre; Kristin McCowan; Councilmember Kevin McKeown Cc:Nada Shamonki; Brian ONeil Subject:Tonight's City Council Meeting - Item 2B - Revote for Mayor/Mayor Pro Tem EXTERNAL Dear City Councilmembers, As engaged Santa Monica residents and community leaders, we write to support the Open Letter published yesterday in the Santa Monica Observer by Olga Zurawska and Michael Louis (see below) regarding Agenda Item 2B in tonight’s Council Meeting. Given the clear Brown Act violations leading into the December 8, 2020, Council Meeting, Coucilmember McCowan should recuse herself from tonight’s revote selection of our new Mayor and Mayor Pro Tem. We also strongly endorse the calls for greater transparency outlined below, by which a brief description of the duties and responsibilities for each office will be given before the nomination process begins, and that each nominator and nominee give brief rationales for each nomination and/or the acceptance of a nomination. Thank you all for your service to our Santa Monica community and for helping bring greater transparency and public knowledge to our local democratic processes. Best, Brian O’Neil Nada Shamonki “Open Letter to Santa Monica City Council Regarding Re-election of Mayor and Mayor Pro Tem on January 12, 2021” – Olga Zurawska and Michael Louis 1/11/21 – Santa Monica Observer Open Letter to Santa Monica City Council Regarding Reselection of Mayor and Mayor Pro Tem on January 12, 2021 Item 2.B 01/12/21 69 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 89 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 5 “The main purpose of this letter is to urge the City Council and Councilmember McCowan to reconsider Mr. Cardona's position as stated in his January 6, 2021 response to Olga Zurawska's Demand to Cure and Correct. Mr. Cardona's position invites a dangerous precedent for democracy by normalizing Brown Act violations In his letter, Mr. Cardona claims that the very fact that Councilmember McCowan had publicly disclosed her serial meetings with the Council majority prior to the selection of Mayor and Mayor Pro Tem on December 8, 2020, cures any potential Brown Act violation. Mr. Cardona also claims that there is no need for Councilmember McCowan to recuse herself from the new vote on January 12, 2021. In Mr. Cardona's view a recusal would constitute a "punishment" that could have a chilling effect on future public disclosures of Brown Act violations by the councilmembers. We strongly disagree with Mr. Cardona's position The conversations Councilmember McCowan had during her unlawful serial meetings have already had an effect on the majority of the Council. The effect cannot be undone simply through Councilmember McCowan's public disclosure that these unlawful serial meetings had occurred. The only remedy is for Councilmember McCowan to recuse herself from the new vote on January 12. The suggestion to recuse is not intended to be punitive. It is intended to be a good faith step towards the restoration of the public's trust. Mr. Cardona's concern about a potential chilling effect results from a faulty, if not backwards logic. After all, what is the more important goal: preventing the chilling effect on a would-be violator, or preventing that violation from occurring in the first place? Mr. Cardona's reasoning, if followed by the Council on January 12 and onward, will set a dangerous precedent. It will open the door to massive Brown Act violations. It will normalize the making of deals and agreements by Councilmembers outside of public view. The Councilmembers will know that as long as they publicly disclose the unlawful communications at a Council meeting, they simply will be allowed to move on as if the violation did not occur. This will effectively turn various Council deliberations and votes before the public into a for-show-only routine. Mr. Cardona's position flies in the face of the very premise of the Brown Act. It could ultimately cause an erosion of transparency and democracy in the Santa Monica government. Santa Monicans must not allow this. Councilmember McCowan's opportunity to show leadership on January 12 The choices the Council and Councilmember McCowan will make on January 12 will be a reflection of their commitment to ethical standards. Councilmember McCowan has a chance to display her leadership skills and respect for civic accountability by at the very least not accepting a nomination for the position of Mayor or Mayor Pro Tem. Item 2.B 01/12/21 70 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 90 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 6 Ultimately, this is not about Councilmember McCowan’s qualifications for those positions, but rather about the value this Council and each of its members individually place on the public trust. Certainly, nothing precludes Councilmember McCowan from pursuing a Council leadership position in the future, after this current reselection process is complete. Additional suggestions for improving transparency in selecting Council leadership On January 12, 2021 for the first time since 2014, public comment regarding leadership selection will be allowed as required by the Brown Act. The question arises: why was this not allowed in the last three selection cycles? And who is responsible for this additional Brown Act violation? For purposes of transparency and to stimulate a debate on this leadership selection, we propose that prior to the public comment, a brief description of the duties and responsibilities of the Mayor and Mayor Pro Tem be stated by The City Clerk or Interim City Attorney. We see no reason why this could not become customary for all future Council leadership selections. Further, we propose that each councilmember who offers a nomination accompany it with a brief justification for nominating that particular councilmember. We also propose each councilmember accepting a nomination offer a brief statement on what qualifies them for the leadership position. Without this, the selection of Mayor and Mayor Pro Tem appears to be mechanical at the least, or fueled by motives unclear to the public at worst. Conclusion It is obvious to any reasonable observer that Interim City Attorney Cardona's position against substantive consequences for the Brown Act violation is not in the public interest. If executed by the Council on January 12, it will lead to a dangerous precedent for the democratic process. In effect, Mr. Cardona's position invites Brown Act violations that will further erode the ethical standards in Santa Monica government. This runs counter to the mandate for change Santa Monicans voiced in the most recent election. Item 2.B 01/12/21 71 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 91 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Keith Coleman <keith.coleman@alumni.stanford.edu> Sent:Tuesday, January 12, 2021 1:59 PM To:councilmtgitems Subject:SM City Council Mtg 1/12/21 - 2. Special Agenda Items_B: Election of Mayor/Mayor Pro Tem EXTERNAL Date January 12, 2021 To: Santa Monica City Council Members and Lane Dilg, Interim City Manager, Re: Election of Mayor/Mayor Pro Tem As a Santa Monica parent & community member, I hope that you honor your initial choice of Sue Himmelrich as Mayor - she is working for the good of the people. City staff indicates the “selection of the Mayor and Mayor Pro Tem at the open and public Dec. 8, 2020 meeting occurred in substantial compliance with the Brown Act.” I urge you to re-elect both Sue Himmelrich as Mayor and Kristin McCowan as Mayor Pro-Tem. Thank You, Keith Coleman Item 2.B 01/12/21 72 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 92 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:Tricia Crane <1triciacrane@gmail.com> Sent:Tuesday, January 12, 2021 1:58 PM To:councilmtgitems Subject:City Council Agenda Item 2B EXTERNAL Dear Santa Monica City Council, It is unfortunate that Kristin McCowan violated the Brown Act and that she cannot therefore not be a contender for either Mayor or Mayor Pro Tem and should also not vote in that decision at this evening's City Council meeting. It is a good thing that the City has brought this matter back and that it is an item that will receive Public Comment. Given that Phil Brock was the highest vote getter in the Nov. 3 election, he should be either Mayor or Mayor pro tem. Phil Brock is a pro‐resident activist who our City needs in a leadership position among the City Council. As one of the two Council members who constructs the Agendas with City staff, he will be fearless in advancing important issues that require our immediate attention. As Mayor or Mayor Pro Tem, Phil Brock will take seriously the importance of acting as more than a ceremonial leader. He knows this small city extremely well and cares deeply about the residents and small business owners. Sincerely, Tricia Crane Item 2.B 01/12/21 73 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 93 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 3 Vernice Hankins From:Janeen Jackson <hellojaneen@gmail.com> Sent:Tuesday, January 12, 2021 1:53 PM To:councilmtgitems Subject:Public Comment from: RE Kristin McCowan EXTERNAL One‐hundred years ago, women finally gained the right to vote through the 19th Amendment. But it's taken much longer for women—specifically, Black women—to be granted a seat at America's cultural and political table. And so, as you can imagine, I was overjoyed when Kristin McCowen was appointed as a councilmember last year. In 1851 Sojourner Truth address an audience at the Women's Rights Convention in Ohio. She emphasized the stark difference between white women and Black women in terms of their relationships with white men in her legendary "Ain't I a Woman" speech. Part of her speech explicitly addresses the differences in how white women and treated relative to Black women. Almost 150 years later, Truth's speech, Kimberlé Crenshaw, a Law Professor at UCLA and Columbia University Law School, put a name to the complexity of Black women's lives that Sojourner Truth identified. It was coined the term "intersectionality" in her paper, "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics," as a way to help explain the oppression of African‐ American women. Our City's local government, still, incredibly, shows the barriers that still stand between women‐‐specifically, Black women, and their full participation and power in the American political process. The examples of our City's publicly overt and barely concealed racism are numerous. They have been expressed the moment McCowen was appointed through avenues such as social media, newspapers, letters, and directly to Councilwoman McCowen. The residence of this City, along with the City council itself, has had moments where it has professed its support for Santa Monica's Black community members through many initiatives. However, this new city administration makes me feel leary and downright frightened for the future of women, Blacks‐‐especially Black women in our CIty. My plea to you is for you to allow Councilwoman McCowan to remain in her current position in City Council and review the systems put into place to make our city "fair and just". The removal of Councilwoman McCowen will send a message to our city residence that women don't matter, Black women don't matter, and that members on this board have not made similar mistakes. Thank you for your attention. Please make the equitable decision. Janeen Jackson Item 2.B 01/12/21 74 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 94 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) By Olga Zurawska and Michael Louis Santa Monica Observer - Community, Diversity, Sustainability and other Overused Words Open Letter to Santa Monica City Council Regarding Reselection of Mayor and Mayor Pro Tem on January 12, 2021 In response to Interim City Attorney Cardona's letter regarding the Brown Act violation by Councilmember McCowan and the selection of Mayor and Mayor Pro Tem Interim City Attorney George Cardona, left. Councilmember Kristin McCowan, right. The main purpose of this letter is to urge the City Council and Councilmember McCowan to reconsider Mr. Cardona's position as stated in his January 6, 2021 response to Olga Zurawska's Demand to Cure and Correct. Mr. Cardona's position invites a dangerous precedent for democracy by normalizing Brown Act violations In his letter, Mr. Cardona claims that the very fact that Councilmember McCowan had publicly disclosed her serial meetings with the Council majority prior to the selection of Mayor and Mayor Pro Tem on December 8, 2020, cures any potential Brown Act violation. Mr. Cardona also claims that there is no need for Councilmember McCowan to recuse herself from the new vote on January 12, 2021. In Mr. Cardona's view a recusal would constitute a "punishment" that could have a chilling effect on future public disclosures of Brown Act violations by the councilmembers. We strongly disagree with Mr. Cardona's position The conversations Councilmember McCowan had during her unlawful serial meetings have already had an effect on the majority of the Council. The effect cannot be undone simply through Councilmember McCowan's public disclosure that these unlawful serial meetings had occurred. The only remedy is for Councilmember McCowan to recuse herself from the new vote on January 12. The suggestion to recuse is not intended to be punitive. It is intended to be a good faith step towards the restoration of the public's trust. Mr. Cardona's concern about a potential chilling effect results from a faulty, if not backwards logic. After all, what is the more important goal: preventing the chilling effect on a would-be violator, or preventing that violation from occurring in the first place? Item 2.B 01/12/21 75 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 95 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) Mr. Cardona's reasoning, if followed by the Council on January 12 and onward, will set a dangerous precedent. It will open the door to massive Brown Act violations. It will normalize the making of deals and agreements by Councilmembers outside of public view. The Councilmembers will know that as long as they publicly disclose the unlawful communications at a Council meeting, they simply will be allowed to move on as if the violation did not occur. This will effectively turn various Council deliberations and votes before the public into a for- show-only routine. Mr. Cardona's position flies in the face of the very premise of the Brown Act. It could ultimately cause an erosion of transparency and democracy in the Santa Monica government. Santa Monicans must not allow this. Councilmember McCowan's opportunity to show leadership on January 12 The choices the Council and Councilmember McCowan will make on January 12 will be a reflection of their commitment to ethical standards. Councilmember McCowan has a chance to display her leadership skills and respect for civic accountability by at the very least not accepting a nomination for the position of Mayor or Mayor Pro Tem. Ultimately, this is not about Councilmember McCowan’s qualifications for those positions, but rather about the value this Council and each of its members individually place on the public trust. Certainly, nothing precludes Councilmember McCowan from pursuing a Council leadership position in the future, after this current reselection process is complete. Additional suggestions for improving transparency in selecting Council leadership On January 12, 2021 for the first time since 2014, public comment regarding leadership selection will be allowed as required by the Brown Act. The question arises: why was this not allowed in the last three selection cycles? And who is responsible for this additional Brown Act violation? For purposes of transparency and to stimulate a debate on this leadership selection, we propose that prior to the public comment, a brief description of the duties and responsibilities of the Mayor and Mayor Pro Tem be stated by The City Clerk or Interim City Attorney. We see no reason why this could not become customary for all future Council leadership selections. Further, we propose that each councilmember who offers a nomination accompany it with a brief justification for nominating that particular councilmember. We also propose each councilmember accepting a nomination offer a brief statement on what qualifies them for the leadership position. Without this, the selection of Mayor and Mayor Pro Tem appears to be mechanical at the least, or fueled by motives unclear to the public at worst. Conclusion It is obvious to any reasonable observer that Interim City Attorney Cardona's position against substantive consequences for the Brown Act violation is not in the public interest. If executed by the Council on January 12, it will lead to a dangerous precedent for the democratic process. In effect, Mr. Cardona's position invites Brown Act violations that will further erode the ethical standards in Santa Monica government. This runs counter to the mandate for change Santa Monicans voiced in the most recent election. Olga Zurawska and Michael Louis A note from Olga Zurawska regarding email communications with Interim City Attorney Cardona: The above material is being published as an open letter because I was deprived of the opportunity to communicate it to Mr. Cardona and the Council during the negotiations regarding my Demand to Cure and Correct. Mr. Cardona suddenly broke off the negotiations before we started discussing the substance of the matter. This premature and abrupt termination of our negotiations occurred after I asked Mr. Cardona via email whether he was in a position to negotiate on behalf of the City. I had mentioned via email there was a chance Mr. Item 2.B 01/12/21 76 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 96 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) Cardona had a conflict of interest and I asked him to explain how it was not the case. I stated that upon his response I would weigh the options on how to proceed. Mr. Cardona never explained how he did not have a conflict of interest. Instead he broke off the negotiations, and would not state whether this was his unilateral decision or that of the Council. In his January 6, 2021 response to my Demand, Mr. Cardona falsely states that I "asserted" he had a conflict of interest. Since Mr. Cardona misrepresented this fact in his letter, which is a public document, I am now answering publicly to set the record straight. I invited a fellow activist, Michael Louis, to join me in responding to Mr. Cardona's letter. Connect With Us Santa Monica Observer Central Tower Building 1424-4th Street, Suite 310 Santa Monica, CA 90401 editor@smobserver.com © 2021 SMMC, LLC Powered by ROAR Online Publication Software from Lions Light Corporation © Copyright 2020 Item 2.B 01/12/21 77 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 97 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Jim Pickrell <jim.pickrell@gmail.com> Sent:Tuesday, January 12, 2021 3:00 PM To:councilmtgitems; Jim Pickrell Subject:Brown Act, Mayor Pro Tem, McCowan should be removed EXTERNAL Hi, I am writing to ask that the city undo the selection of Councilperson McCowan as Mayor Pro tem. I would suggest Phil Brock instead. Everyone is familiar with the issues. The councilperson campaigned in person to each of the other council members in an effort to secure the position of Mayor Pro Tem. This is a serial meeting. There is no real debate about this. This is illegal. This is a violation of the Brown Act requiring public meetings. If the serial meeting is a violation of the Brown Act, then the benefits of the deal must be reversed. If we don't do this, the Brown Act means nothing. I'm not saying she should go to jail, but I don't think she should be able to benefit from violating the Brown Act. McCowan may argue that she has sufficient support on the city council to get re‐elected. That's fine. She will have that same support next time around and she can be mayor pro tem at that point. But not now. I also think her selection is inappropriate because her politics have been repudiated by the electorate. She favors the Miramar project and the monsterplex at 5th and Arizona. Voters don't like these projects and voted out three members of the city council for that reason. McCowan is an unlimited growth advocate and has never participated in a contested election. She should have to face voters at least once, in a contested election, before becoming mayor pro tem. Jim Pickrell 927 6th Street, Santa Monica Item 2.B 01/12/21 78 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 98 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 2 Vernice Hankins From:BLAIR CALDERHEAD <blaircal@msn.com> Sent:Tuesday, January 12, 2021 2:56 PM To:councilmtgitems Subject:Mayor and Mayor pro tem EXTERNAL Council Members, Whether or not Kristen McCowan violated the Brown act or not is a little gray. The fact of the matter is she realized there was a chance that she had and tried to fix it. Everyone makes mis‐steps and I am sure every council member has made them. The true judge in character is admitting you made a mis‐step. Kristen McCowan has proven she is honest and human. This is the kind of person we need as mayor and mayor pro‐ tem. Please re‐elect Kristen McCowan as mayor pro‐tem. She is what the city needs and wants in these trying times when trust means everything. Thank you for all of your service. Respectfully, Blair Calderhead blaircal@msn.com www.blairconstructionsm.com Item 2.B 01/12/21 79 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 99 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection) 1 Vernice Hankins From:Bloom, Richard <Richard.Bloom@asm.ca.gov> Sent:Tuesday, January 12, 2021 4:02 PM To:councilmtgitems; Sue Himmelrich; Kristin McCowan Cc:Strahl, Guy Subject:Item 2B EXTERNAL Mayor, Mayor Pro Tem & Councilmembers, I write as a 40 year Santa Monica resident and as the City’s former Mayor, Mayor Pro Tem and Councilmember to encourage you confirm the decision you already made to select Mayor Himmelrich and Mayor Pro Tem McCowan. In my view, the issue of FPPC violation is tenuous, at best, but has been cured, in any event. Tonight’s meeting is about curing a technicality and should not be used as an opportunity to reverse a previously determined result . With warmest regards, Richard Bloom Item 2.B 01/12/21 80 of 80 Item 2.B 01/12/21 2.B.c Packet Pg. 100 Attachment: Written Comments (4408 : Mayor and Mayor Pro Tem Selection)