m20201110.pdf1 November 10, 2020
AMENDED
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 10, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, November 10, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/gzgqubcz
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Kristin McCowan
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all
members present.
CLOSED SESSIONS Member of the public Matt Neco commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:34p.m., to consider
closed sessions and returned at 6:30 p.m., with all members present, to
report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been Initiated Formally Pursuant to Gov. Code Section
54956.9 (d) (1): Barbara Williams v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC701903.
The Interim City Attorney advised this matter claimed traumatic brain
injury from tripping on a parkway tree root near 212 San Vicente Blvd.
The city does not admit fault to the allegations, but to potentially avoid the
expense and burden of further litigation, the City Attorney’s Office
recommends authorization to serve a CCP 998 compromise in the amount
of $135,000.
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Motion by Councilmember Davis, seconded by Councilmember
Himmelrich, to approve Agreement No. 11105 (CCS), in the amount of
$135,000. The motion was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.B. Conference with Legal Counsel – Anticipated Litigation –
Request to enter into a lawsuit as an amicus curiae, pursuant to
Government Code Section 54956.9: Donald J. Trump, et al., v. State of
New York, et al., United States Supreme Court, Case No. 20-366.
The Interim City Attorney advised that given the potential impacts of
funding and representation in California and local jurisdictions within
California, the City Attorney recommended the Council authorize the city
to sign on to an amicus brief to be filed in this case by Santa Clara County,
supporting the state of New York’s position, that the President’s direction
that undocumented immigrants be excluded from the population count used
to apportion congressional seats, violates both the statute governing the
census and the United States constitution.
Motion by Councilmember Jara, seconded by Councilmember Davis, to
join the amicus brief. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report: New City Website and Online Services,
was presented.
2.B. City Manager's Report: National Leadership in Sustainability
Award from the International Code Council, was presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There were no members of the public present to comment on the Consent
Calendar.
The City Clerk read a correction to the record:
There was omission in the Financial Impacts and Budget section of staff
report for Item 3.B. The total contract amounts are correct; however, an
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account was mistakenly omitted in the table for the Contract Request –
Construction Management. That account and the amount are
C5704700.689000 and $50,000.
Motion by Councilmember Jara, seconded by Mayor Pro Tem O’Day, to
approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SAMOSHEL 3.A. Approval of First modification of Agreement # 10852 with The
People Concern for improvements to SAMOSHEL and Resolution No.
11304 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO ACCEPT REPURPOSED GRANT FUNDS IN THE
AMOUNT OF $300,000 FROM THE COUNTY OF LOS ANGELES FOR
THE PURPOSE OF MITIGATING COVID-19 RELATED IMPACTS ON
INTERIM HOUSING PROGRAMS AND FACILITIES AND TO
EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE
REPURPOSING AND ACCEPTANCE OF THESE GRANT FUNDS”,
was approved and adopted.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to agreement #10852 in the amount of $198,000 with
The People Concern (TPC, formerly known as OPCC) to
temporarily relocate participants of the SAMOSHEL emergency
homeless shelter to local motel rooms. This will result in an
amended agreement with a new total amount not to exceed
$867,000, with future-year funding contingent on Council budget
approval.
2. Adopt attached Resolution No. 11304 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO
ACCEPT REPURPOSED GRANT FUNDS IN THE AMOUNT OF
$300,000 FROM THE COUNTY OF LOS ANGELES FOR THE
PURPOSE OF MITIGATING COVID-19 RELATED IMPACTS
ON INTERIM HOUSING PROGRAMS AND FACILITIES AND
TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO
THE REPURPOSING AND ACCEPTANCE OF THESE GRANT
FUNDS”..
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3. Authorize the City Manager to execute all necessary documents to
repurpose and accept the Los Angeles County Homeless Initiative
Grant (contract #AO-19-645).
4. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
ANNUAL PAVING
PROJECTS
3.B. Award Construction Contract No. 11106 (CCS) with PALP,
Inc. dba Excel Paving for Annual Paving & Airport Parking Lots
Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #2592 to PALP, Inc. dba Excel Paving to provide
construction services for the Annual Paving & Airport Parking Lots
Project for the Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
11106 (CCS) with PALP, Inc. dba Excel Paving in an amount not to
exceed $5,360,172 (including a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority;
4. Award RFP #2592 to TRC Engineers, Inc. to provide construction
management and observation services for the Annual Paving &
Airport Parking Lots Project;
5. Authorize the City Manager to negotiate and execute Contract
11107 (CCS) with TRC Engineers, Inc. in an amount not to exceed
$540,000; and
6. Authorize the Director of Public Works to issue any necessary
modifications to complete additional work within contract authority.
SIGNAGE AND STRIPING 3.C. Approval of First Modifications to Contract No. 10731 (CCS)
with Superior Pavement Markings, Inc and Contract No. 10732 (CCS)
with PCI for On-Call Signage and Striping, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to Contract #10731 (CCS) in the amount of $500,000
with Superior Pavement Markings, Inc. for on-call signing and
striping construction work for the Public Works Department. This
will result in an amended contract with a new total amount not to
exceed $750,000, with future year funding contingent on Council
budget approval; and
2. Authorize the City Manager to negotiate and execute a first
modification to Contract #10732 (CCS) in the amount of $500,000
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with PCI for on-call signing and striping construction work for the
Public Works Department. This will result in an amended contract
with a new total amount not to exceed $750,000, with future year
funding contingent on Council budget approval.
WASTEWATER 3.D. Award Construction and Construction Management Contract
Nos. 11108 (CCS) and 11109 (CCS) for the Annual Wastewater Main
Replacement Project, was approved.
Recommended Action
Staff recommends that the City Council:
1.Award Bid #SP2611 to Mike Prlich and Sons, Inc. to provide
construction services for the Annual Wastewater Main Improvements
Citywide Project (Project) for the Public Works Department;
2.Authorize the City Manager to negotiate and execute a Contract No.
11108 (CCS) with Mike Prlich and Sons, Inc. in an amount not to
exceed $2,320,303 (including a 30% contingency);
3.Authorize the Director of Public Works to issue any necessary change
orders with Mike Prlich and Sons, Inc. to complete additional work
within contract authority;
4.Award RFP #SP2611 to Willdan Engineering for construction
observation services for the Project;
5.Authorize the City Manager to negotiate and execute Contract No.
11109 (CCS) with Willdan Engineering to provide construction
observation services for the Project in an amount not to exceed
$350,000; and
6.Authorize the Director of Public Works to issue any necessary
modifications for Willdan Engineering to provide additional services
within contract authority.
MINUTES 3.E. City Council Special Meeting Minutes -April 6, 2020, were
approved.
MINUTES 3.F. City Council Special Meeting Minutes - April 18, 2020, were
approved.
MINUTES 3.G. City Council Regular and Special Joint Meeting Minutes -
October 27, 2020, were approved.
ORDINANCES:
DOWNTOWN SANTA
MONICA
7.A. Introduction and Adoption of Emergency Interim Ordinance
No. 2657 (CCS) entitled “AN EMERGENCY INTERIM ZONING
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE
NUMBER 2637 (CCS) FOR ECONOMIC RECOVERY IN THE CITY’S
DOWNTOWN, MIXED USE AND COMMERCIAL, EMPLOYMENT,
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OCEANFRONT, AND PUBLIC AND SEMI-PUBLIC DISTRICTS,
EXCLUDING THE AREA INCLUDING AND IMMEDIATELY
ADJACENT TO THE THIRD STREET PROMENADE SUBJECT TO
INTERIM ZONING REGULATIONS SET FORTH IN EMERGENCY
INTERIM ZONING ORDINANCE NUMBER 2636 (CCS)” and
Ordinance No. 2658 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING AND AMENDING INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM
ORDINANCE 2636 (CCS) FOR ECONOMIC RECOVERY OF THE BC
(PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC
(2ND AND 4TH STREET) DISTRICT BOUNDED BY SECOND
STREET TO THE WEST, BROADWAY TO THE SOUTH, 4TH
STREET TO THE EAST, AND WILSHIRE BOULEVARD TO THE
NORTH”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt emergency
interim ordinances extending interim zoning regulations established by
emergency Interim Zoning Ordinances 2636 (CCS) and 2637 (CCS) for
economic recovery in the City’s Downtown, Mixed Use and Commercial,
Employment, Oceanfront, and Public and Semi-Public Districts as follows:
(1) an emergency interim ordinance applicable to such areas other than the
Third Street Promenade area; and (2) an emergency interim ordinance
applicable to the Third Street Promenade area.
Member of the public Denise Barton and spoke to the recommended action.
Questions asked and answered of staff included, what has the feedback
been from the public on these changes; has there been any complaints filed
about the alcohol exemptions; and, what is staff’s thinking on the
timeframe, and does the extension of the IZO commensurate with what the
thinking is for economic recovery for the city.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to introduce and adopt emergency interim ordinances, reading
by title only and waiving further reading thereof, extending interim zoning
regulations established by emergency Interim Zoning Ordinances 2636
(CCS) and 2637 (CCS) for economic recovery in the City’s Downtown,
Mixed Use and Commercial, Employment, Oceanfront, and Public and
Semi-Public Districts as follows: (1) an emergency interim ordinance
applicable to such areas other than the Third Street Promenade area; and (2)
an emergency interim ordinance applicable to the Third Street Promenade
area.
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The motion was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
CONSENT CALENDAR
REVISITED
The City Clerk acknowledged that the phone queue for the Consent
Calendar opened late, therefore public speakers did not have an opportunity
to provide their comments. The Mayor asked Council to consider revisited
the Consent Calendar and allowing public input, then re-voting.
Motion by Councilmember Davis, seconded by Councilmember Jara, to
revisit the Consent Calendar, and allow public input. The motion was
approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich,
McCowan, Mayor Pro Tem O’Day, Mayor
NOES: None
ABSENT: None
Members of the public Olga Zurwaska, Philip Radko Tom Mondrano, Burt
Champagne, Zina Josephs, Michael Lewis, Meredith Coons, Denise
Barton, and David Morris commented on various Consent Calendar items.
After closing the Public hearing, all items were considered for approval on
the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember
Himmelrich, to approve the Consent Calendar, reading resolutions by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ST. MONICA’S
CATHOLIC
COMMUNITY
7.B. Introduction for First Reading of an Ordinance to Amend and
Restate the Development Agreement for Saint Monica's Catholic
Community, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance to amend and restate Saint Monica’s Catholic
Community Development Agreement (18ENT-0347).
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Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to give St. Monica’s Church 10 minutes for a presentation. The motion
was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Members of the public Matt Neco, David Woodbury, Irma Vargas, Stephen
Career, Ed Snyder, Dr. Mike Gruening, and, Anonymous resident spoke to
the recommended action.
Questions asked and answered of staff and the applicant included, would
St. Monica’s have a problem, if the city added a condition that when the
property does go for sale, that it first be offered to affordable housing
developers at fair market value.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with the condition that the land be offered
for 60-days to 100% affordable housing developer, with 90-days to close
the deal.
Discussion ensued on whether the 90-day closing window is too long, or if
the timeline should be reduced to 30 or 60 days.
Councilmember Winterer, amended his original motion to 60-days for the
sale, and 60-days to negotiate and close the deal. The amendment was
considered friendly by the seconder.
The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich,
McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SCHOOL DISTRICT
SPLIT
13.A. Request of Mayor McKeown and Councilmembers McCowan
and Davis that Council direct staff to prepare a letter to the Los
Angeles County Office of Education in response to the petition filed by
the Malibu City Council for splitting Santa Monica and Malibu into
two separate independent school districts, affirming our City Council's
support for such a split but only if the terms of separation, including
but not limited to the division of revenues and assets, are fair and just
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to students in Santa Monica schools, and provide robust and equal
educational opportunity for both Malibu and Santa Monica students,
was presented.
There were no members of the public present for this item.
Motion by Councilmember Davis, seconded by Mayor McKeown, to
approve the recommendation, with the amendment to direct staff to
mention and explore raising the issue of inequity and lack of diversity with
the possible split.
The motion was approved by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton and Jonathan Foster commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 8:42 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
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