m20200825.pdf 1 August 25, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 25, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, August 25 , 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/jjrpqhfs.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Kristen McCowan
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CLOSED SESSIONS
Member of the public Matt Neco commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 7:00 p.m., with all members present, to
report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Kendrick C. Azubuike v. City of Santa Monica,
et al., United States District Court, Central District, Case No. 19-CV-
08536-DMG
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.B. Conference with Legal Counsel – Anticipated Litigation –
Request to enter into a lawsuit as a party, pursuant to Government
Code Section 54956.9: Common Cause, et al. v. Donald J. Trump, et
al., United States District Court for the District of Columbia, Case No.
20-cv-02024-CRC.
The Interim City Attorney advised this is a lawsuit filed by Common Cause
challenges an Executive memorandum directing the Census Bureau to
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
2 August 25, 2020
exclude undocumented individuals living in the United States from the
census count, when population data is delivered to Congress to determine
congressional apportionment, the lawsuit alleges this violates constitutional
requirements for the census. The Plaintiffs in the lawsuit are being
represented Pro bono, at no cost. Given the significance of the issue to
California and derivatively to California cities, in terms of representation
and allocation of resources for the next decade, the City Attorney
recommends that the City accept an invitation to join the lawsuit as a
plaintiff.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
have the City accept to join the lawsuit. 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
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been Initiated Formally Pursuant to Gov. Code Section
54956.9 (d) (1): David Moss v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC712581
The Interim City Attorney advised the Plaintiff filed this lawsuit alleging
that he suffered a concussion and continuing symptoms, after hitting his
head on a City parkway tree that had not been appropriately trimmed. The
City does not admit the allegations made in the lawsuit, but to avoid the
expense and burden of further litigation, the City Attorney recommends
settlement in the amount of $36,250.
Motion by Councilmember Jara, seconded by Councilmember Davis, to
approve Settlement No. 11080 (CCS) in the amount of $36,250. 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.D. Conference with Labor Negotiators: Government Code Section
54957.6 – Agency Designated Representatives: Chief People Officer
Lori Gentles and Senior Human Resources Analyst Ericka Reinke.
Bargaining Units: Administrative Team Associates, California
Teamsters Local 911, Confidential Unrepresented Employees Pay
Plan, Executive Pay Plan, Municipal Employees Association,
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
3 August 25, 2020
Management Team Associates, Public Attorneys Legal Support Staff
Union, Public Attorneys Union, Santa Monica Fire Executive
Management Association, Santa Monica Firefighters Local 1109 IAFF,
Santa Monica Police Officers Association, Supervisory Team
Associates, International Association of Sheet Metal, Air, Rail, and
Transportation Workers, Transportation Division Local 1785
(SMART TD).
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.E. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya
v. City of Santa Monica, Los Angeles Superior Court, Case No. BC
616804, Second District Court of Appeal, Case No. B295935, California
Supreme Court, Case No. TBD.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. Commendation & City Manager Report: Most Loved Santa
Monica Businesses of 2020, 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 Consent
Calendar items.
At the request of Councilmember Jara, Item 3.A. was removed from the
Consent Calendar.
Motion by Councilmember Jara, seconded by Councilmember McCowan,
to approve the Consent Calendar except for Item 3.A, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PLAYGROUND
PARTNERSHIP
3.B. Authorization of Second Modification to Playground
Partnership Supplemental Use Agreement with SMMUSD, was
approved.
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
4 August 25, 2020
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement 9589, the
Playground Partnership Supplemental Use Agreement of the Master
Facilities Use Agreement with the Santa Monica-Malibu Unified School
District (SMMUSD), to reflect operational changes to the program to
continue community access to recreational spaces at six elementary
schools.
PAYROLL SYSTEM 3.C. Approval of Modifications to Agreements with Kronos, the
City's Payroll System, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a sixth
modification to Sales Agreement and Software License Agreement
#8417 (CCS) in the amount of $34,228 (including 15% in
contingency) with Kronos, Inc., a Massachusetts-based company,
for upgrade services, training, and hardware for Kronos, the City’s
electronic timekeeping system. This recommended award is made
as an exception to the competitive bidding process pursuant to
Section 2.24.250 (b) Exceptions to the Competitive Process, as
competition does not reasonably exist because only one vendor
possesses the unique ability or capability to meet the particular
requirements of the solicitation, such as when a good or service is
copyrighted, patented or otherwise only available form one license
holder, including, for example, proprietary goods of original
equipment manufacturers and/or their authorized exclusive
distributors. This would result in an 18-year amended agreement
with a new total amount not to exceed $642,912 with future year
funding contingent on Council budget approval; and
2. Authorize the City Manager to negotiate and execute a fifth
modification to Software Maintenance and Support Agreement
#8434 (CCS) in the amount of $49,680 (including 15% in
contingency) over three-years with Kronos, Inc., for Software as a
Service (SaaS) licenses. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.250 (b) Exceptions to the Competitive Process, as competition
does not reasonably exist because only one vendor possesses the
unique ability or capability to meet the particular requirements of
the solicitation, such as when a good or service is copyrighted,
patented or otherwise only available form one license holder,
including, for example, proprietary goods of original equipment
manufacturers and/or their authorized exclusive distributors. This
would result in an 18-year amended agreement with a new total
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
5 August 25, 2020
amount not to exceed $1,900,125 with future year funding
contingent on Council budget approval.
MUNICIPAL FUND
TRANSFER
3.D. Adoption of Resolution No. 11281 (CCS) to entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO RECEIVE THE ANNUAL TRANSFER OF FUNDS FROM
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR
THE SAFE, CLEAN WATER PROGRAM (MEASURE W)”, was
adopted.
Recommended Action
Staff recommends that the City Council adopt attached Resolution No.
11281 (CCS) to accept the annual municipal fund transfer of Safe, Clean
Water (Measure W) funds from the County of Los Angeles Flood Control
District and authorize the City Manager to execute an agreement to receive
the funds.
USED OIL PAYMENT
PROGRAM
3.E. Adoption of Resolution No. 11282 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AND
EXECUTE USED OIL PAYMENT PROGRAM APPLICATIONS AND
RELATED AUTHORIZATIONS TO THE DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY (CalRecycle)”, was
adopted.
Recommended Action
Staff recommends that the City Council adopt attached Resolution No.
11282 (CCS) authorizing the City Manager to submit and execute
applications, agreements, and annual reports for the CalRecycle Used Oil
Payment Program.
PARKING METERS 3.F. Award of Contractual Services to IPS Group, Inc. for Parking
Meter Acquisition, was approved.
Recommended Action
Staff recommends that City Council:
1. Authorize the City Manager to negotiate and execute Contract No.
11079 (CCS) with IPS Group, Inc., a California based company, for
the purchase and installation of the on-street parking access and
revenue control meter system, credit card merchant account and
payment gateway services, web based management system, and
optional annual equipment warranties. This recommended award is
made as an exception to the competitive bidding process pursuant to
SMMC Section 2.24.250 (c) and is for a total amount not to exceed
$17.0 million for five years, with two additional one year renewal
options in the amount of $5.6 million, on the same terms and
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
6 August 25, 2020
conditions for a total amount not to exceed $22.6 million over seven
years, with future year funding contingent on Council budget
approval.
AUDIT 3.G. Approval of First Modification to Moss Adams LLC
Contractual Agreement, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10929 with Moss
Adams LLP, a Washington-based company, for internal auditing services
for the City Manager’s Office. The modification would increase the first
year amount by $91,000 for a new amended total not to exceed $241,000,
and decrease the second and third year amounts by $75,000 for amended
totals not to exceed $75,000, thereby decreasing the overall contract
amount by $59,000, for an amended total of $691,000, with future year
funding contingent on Council budget approval.
PARKING SERVICES 3.H. Approval of First Modification to Contractual Services
Agreement with SP Plus Corporation for Consolidated Parking
Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to contract #10201 (CCS) with SP Plus Corporation
for consolidated parking management services for the Community
Development Department. The recommended modification is made
as an exception to the competitive process pursuant to SMMC
Section 2.24.250 (g) to ensure continuity of operations and revenue
collection processes, and would extend the current agreement for up
to three years for a new total amount not to exceed $68.7 million
over a ten year period, with future year funding contingent on
Council budget approval.
CITY COUNCIL
MEETING SCHEDULE
3.I. Cancellation of Regular City Council Meeting Scheduled for
September 22, 2020, and Scheduling of a Special Meeting for
September 29, 2020, was approved.
Recommended Action
Staff recommends that the City Council vote to:
1) Cancel the Regular meeting scheduled for September 22, 2019, due
to a lack of a quorum; and,
2) Schedule a Special meeting for September 29, 2020.
BIG BLUE BUS 3.A. Award Purchase Order for Driver Safety Barriers Aboard Big
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
7 August 25, 2020
Blue Bus Revenue Vehicles to Allow Resumption of Front-Door
Boarding and Fare Collection, was approved.
Recommended Action
Staff recommends that City Council:
1. Authorize the Procurement Manager to issue a purchase order with
Gillig LLC to provide ArowGuard driver security barriers for the
Big Blue Bus Department. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.250(b) and is for a total amount not to exceed $987,129
including a 5% contingency with future year funding contingent on
Council budget approval.
2. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
Councilmember Jara pulled this item to ask if the protector barriers are easy
to move by drivers if the bus has an accident.
Motion by Councilmember Jara, seconded by Mayor Pro Tem O’Day, to
approve the recommended action. 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
ORDINANCES:
ZONING
7.A. Introduction and First Reading of an Ordinance to Amend For
Consistency with State Law Provisions the Text of the City's Zoning
Ordinance Related to Accessory Dwelling Units and Junior Accessory
Dwelling Units, Density Bonuses for Certain One Hundred Percent
Affordable Housing Projects, and Large Family Daycares, and Update
on State law provisions Affecting the City's Housing Policies and
Project Approval Procedures, was presented.
Recommended Action
Staff recommends that the City Council:
1) Introduce for first reading the attached ordinance to amend, for
consistency with State law provisions, the text of the City’s Zoning
Ordinance related to accessory dwelling units and junior accessory
dwelling units, density bonuses for certain one hundred percent
affordable housing projects, and large family daycares.
Members of the public Leslie Lambert, Shawn Landres, Dave Rand, and
Michael Soloff spoke generally in support to the recommended action.
Questions asked and answered of staff included: when the Accessory
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
8 August 25, 2020
Dwelling Unit discussion was presented previously, was there a parcel
exemption; why put the restriction that the second floor should not be
larger than the first floor; if the ADU is larger than the first floor, wouldn’t
there still be setback restrictions; can the city have different standards in
different areas; under SB330, what would be considered a comparable unit,
and is it based on prices and amenities; what do we do now that ADU’s are
allowed in multi-family properties, and should any restrictions be placed on
the extra units; how does it work with multi-family properties, in terms of
how many ADUs and JADUs are allowable; any consideration of putting
forth model ordinances from other cities; consideration of using density
bonuses; any consideration of upper outdoor spaces and allowing 1200 ft
ADUs in multi-family, regardless of bedroom size; does Council need to
decide how to define a replacement unit tonight, either deed restriction or
rent control unit; if a developer comes in between now and the November
election, who makes the decision about the replacement unit, is it the
developer or does it default to deed restriction; do the second story outdoor
spaces cause encroachment on neighbors; and, can the ordinance stipulate a
second story can only be bigger than the first on an alley.
Considerable discussion ensued on topics including, but not limited to:
upper outdoor spaces allowable, depending on which side of the house it is
located; have different size second story allowable; allow larger second
story ADUs only on the alley; and, allowing ADUs to extend into alleys,
making sure that does not impede trash trucks from safely getting through
the alley.
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to change the ordinance to allow a larger second floor on an ADU to the
rear half of the lot, if located X feet from the property line on an alley.
Councilmember Winterer, proposed a friendly amendment to amend the
language to allow a second story greater than the first story in ADUs,
where the ADU is being constructed on an existing, legal, non-conforming
structure, within the setback requirements.
The Interim City Attorney suggested the following language:
The flooring of the second story of an ADU or JADU could not exceed the
flooring of the first story, unless the ADU or JADU was within X feet of
the rear parcel line, and that parcel line is adjacent to a public right of way
or alley.
After further questions and comments, the Interim City Attorney
recommended the following changes to meet the desire of Council as a
solution:
To remove the limitation, and just let the second floors be bound by the
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
9 August 25, 2020
setback rules, and the fact that you will not be able to overlap into a public
right of way or into your neighbor’s yard, and you have to comply with the
setback rules, so that any overhang would then be into your own property.
That would be to remove Section J (6) of the ordinance. This change was
considered friendly by the maker and seconder.
The language and direction was approved by consensus of Council.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day,
to approve the Planning Commissions recommendation to introduce and
hold first reading of the ordinance reading by title only and waiving further
reading thereof with the addition to include the language proposed by the
Interim City Attorney regarding removing the limitations on the second
story square footage of an ADU and also incorporating an exemption for
street or alley adjacent ADUs from upper story outdoor space restrictions.
Motion by Councilmember McCowan, seconded by Mayor Pro Tem
O’Day, to restrict parking permits for the parcel, as opposed to allowing an
extra parking permit for the ADU. The motion was pulled to be addressed
later with direction to staff.
The Interim City Attorney read into the record the modifications to the
ordinance includes the following:
Pg 166 subsection F, on that page the last line, would be accept to set forth
in Subsection G, the one would be stricken, that was a typo
Pg 172 section I.1.b.2, the first sentence would be modified to read an
ADU that is established by converting floor area of a legal existing
accessory structure expand the footprint of the existing accessory structure,
if the additional enlargement…
Pg 174 Strike Section J(6) remove limitation on second floor size
Pg 175 Add Section G.1.A.3 (inadvertently omitted), in Section .2.A.i,
reference to single-family would change to single unit
Pg 176 Section L.2.A.3, phrase Junior Dwelling would be replaced with
JADU
Pg 177 Section N.4.1. add at the end of the section, Upper story outdoor
spaces shall not be located on the side elevation closest to a side parcel line,
unless that side parcel line is adjacent to a public right of way or alley.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
10 August 25, 2020
give direction to staff to come back with a more complete option on the
commercial density bonus models that were presented to Council, and to
explore voluntary affordable deed restriction for ADUs and limits on
preferential permit parking for ADUs on a per parcel instead of a per unit
basis. 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
LEASING RESIDENTIAL
PROPERTY
7.B. Introduction and First Reading of an Ordinance to Add
Chapter 6.22 to the Santa Monica Municipal Code to Related to
Requirements for Leasing Residential Properties and Adoption of
Resolution No. 11283 (CCS) entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE
ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN
VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE
RELATED TO RESIDENTIAL LEASING REQUIREMENTS”, was
presented.
Recommended Action
Staff recommends that the City Council: (1) Introduce for First Reading an
Ordinance to add Chapter 6.22 to the Santa Monica Municipal Code related
to regulations for leasing residential property; and (2) adopt a Resolution
establishing fines for violations of the Ordinance.
Members of the public Jonah Braslauf, Jennifer Kennedy, Danielle Wilson,
Denise Barton, Michael Soloff, Shawn Landres, Sonia Sulton, and Denny
Zane spoke to the recommended action.
Questions asked and answered of staff included: if providing non-
furnishing units is a requirement, aren’t there companies that can provide
those services; how can we make sure that permanent supportive housing
cover anyone in a city program that require furnishings, including the
homeless population; does the permanent residency definition include
college students; whatever is decided is it applicable to Accessory dwelling
units and Junior accessory dwelling units; do JADUs require an exterior
entrance; and, what was the thought for setting an applicability date that is
different from the date of the ordinance.
Motion by Councilmember Davis, seconded by Mayor McKeown, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with amendments to add the four pillars:
Lease only to natural persons; rent/lease only non-furnished units; require a
minimum of a one-year lease, and the renter must be a natural person, and
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
11 August 25, 2020
their permanent residence.
Councilmember Winterer, proposed a friendly amendment to consider a
once a year exemption for homeowners. The motion was not considered
friendly by the maker.
Mayor McKeown proposed a friendly amendment applicability date 30
days after the adoption of the ordinance, instead of the November 1st
applicability date. The motion was considered friendly by the maker.
Mayor Pro Tem O’Day proposed a friendly amendment to alter the
permanent residency requirement to require a student ID as one of the
requirements. The motion was not considered friendly by the maker.
Councilmember Winterer proposed a friendly amendment to change the
proof of residency from 30 days to 60 days, and The motion was
considered friendly by the maker.
The Interim City Attorney requested to remove the property tax bill
requirement as documentation, and to change the language for the
November 1st date in the applicability to read the as of the effective date of
this ordinance. The maker and seconder considered this as a friendly
amendment.
The motion was approved, with amendments by the following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
adopt Resolution No. 11283 (CCS) establishing fines for violations of the
Ordinance adding Chapter 6.22 to the Santa Monica Municipal Code
related to regulations for leasing residential property. 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
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
direct staff to investigate and return to Council as soon as possible, with
possible modifications to the ordinance for undocumented residents with
other proofs of residency. The motion was approved by the following vote:
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
12 August 25, 2020
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
AFFORDABLE HOUSING
Mayor Pro Tem O’Day
Excused at 10:37 p.m.
7.C. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2645 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO EXTEND EMERGENCY INTERIM
ZONINGORDINANCE 2633 AMENDING SANTA MONICA
MUNICIPAL CODE CHAPTER 9.39 AND SECTION 9.40.020 TO
INCREASE THRESHOLDS FOR REVIEW OF ONE HUNDRED
PERCENT AFFORDABLE HOUSING PROJECTS AND HOUSING
PROJECTS SUBJECT TO THE HOUSING ACCOUNTABILITY ACT
BY ADMINISTRATIVE APPROVAL”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency
Interim Zoning Ordinance to amend and extend interim regulations
authorizing 100% affordable housing projects and Tier 2 housing projects
subject to the Housing Accountability Act to be reviewed through an
Administrative Approval process.
Members of the public Roderick Hall, Leonora Camner, Eva Warnier,
Mark Yetter, and Denise Barton spoke to the recommended action.
Questions asked and answered of staff included, could the amendments to
the leasing property ordinance be added to this ordinance tonight.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
introduce and adopt emergency Interim Zoning Ordinance No. 2645 (CCS)
reading by title only and waiving further reading thereof, and add the one-
year minimum lease requirement. The motion was approved by the
following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
DOWNTOWN
COMMUNITY PLAN
Mayor Pro Tem O’Day
7.D. Adoption of Resolution No. 11284 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE DOWNTOWN COMMUNITY
PLAN TO REVISE THE DEFINITION OF HOUSING PROJECT AND
TO ALLOW TIER 3 HOUSING PROJECTS GREATER THAN 90,000
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
13 August 25, 2020
returned at 10:45 p.m. SQUARE FEET TO BE PROCESSED BY DEVELOPMENT REVIEW
PERMIT”, was presented.
Recommended Actions
(A) Staff recommends that the City Council adopt a Resolution to amend
the Downtown Community Plan (“DCP”) to:
1. Revise the definition of “housing project”
2. Authorize Tier 3 housing projects greater than 90,000 square feet to
be approved by Development Review Permit;
3. Make clerical amendments to Chapter 2A.4 DCP Entitlement and
Tier System.
(B) Staff also recommends that the City Council introduce for first reading
an Ordinance amending Section 9.10.070 of the Zoning Ordinance to
establish project requirements for Tier 3 housing projects greater than
90,000 square feet located within the DCP Area.
Members of the public Leslie Lambert, Carl Hansen, Shawn Landres, Paula
Larmore, Denny Zane, Michael Soloff, Jennifer Kennedy, and, Matthews
Stevens spoke to the recommended action.
Questions asked and answered of staff included: are the community
benefits the same for Tier 2 and Tier 3 in this ordinance; is there any
discussion to increasing the community benefits in Tier 3; why is the
neighborhood serving retail and commercial on the street level being
removed; as you go up Tier 3, don’t you have to provide more affordable
housing; if a Tier 2 project is done to the maximum, would it be a 25%
requirement; if we don’t want to go back to requiring neighborhood serving
commercial, is there a way to create more flexibility for commercial space;
if commercial space was allowed above the first floor, is there any thought
to have more open-air options; what is the difference between
neighborhood serving and street activation; why is the maximum being
increased from 25% to exceed 33% of the total building square footage for
mixed-use projects; if the commercial is being moved from the bottom
floor, it may make sense to not make it a requirement to not allow
commercial to go above the second floor; does staff need direction on the
design review process, now that these will no longer go before the ARB;
does it make sense to shift from 25% to 33% for mixed-use projects; is
there some way to see if this works before we make it permanent; and, what
happens if this doesn’t work.
Considerable discussion ensued on topics including, but not limited to,
concerns to change the definition of Housing projects for Downtown.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to
adopt Resolution No. 11284 (CCS), amending the Downtown Community
Plan to revise the definition of Housing Project; to allow Tier 3 Housing
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
14 August 25, 2020
Projects greater than 90,000 square feet to be processed by Development
Review Permit, and make clerical amendments to Chapter 2A.4 DCP
Entitlement and Tier System, with amendments to keep the 25%
commercial threshold, keep the neighborhood commercial serving
definition, and allow uses beyond the ground floor for commercial.
Councilmember Davis, proposed a friendly amendment to limit the non-
residential uses to the second floor. The motion was considered friendly by
the maker and seconder.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich,
McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Mayor McKeown, seconded by Councilmember Winterer, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
BELMAR
PROJECT/CIVIC FIELD
NAMING/PARK
DESIGNATION
8.A. Approval of Phase Two of the Belmar History + Art Project and
Civic Field Naming and Introduction and First Reading of an
Ordinance Designating New Park, was presented.
Recommended Action
Staff recommends that the City Council:
1. Direct staff to proceed with Phase Two of the Belmar History + Art
project, focused on the Bay Street Beach and other areas of
historical and cultural importance;
2. Select an official name for the multipurpose sports field in the Civic
Center; and
3. Introduce for a first reading an ordinance (Attachment I) that would
amend the Municipal Code to designate the new park.
Member of the public Maryann LaGuardia, in support of the recommended
action.
Questions asked and answered of staff included: why Belmar Park instead
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
15 August 25, 2020
of Historical Belmar Park; when was the naming survey completed; and,
has there been any other areas in the city that have been designated as
historic and of cultural importance.
Motion by Councilmember McCowan, seconded by Mayor Pro Tem
O’Day, to give direction to staff to proceed with Phase Two of the Belmar
History + Art project, focused on the Bay Street Beach and other areas of
historical and cultural importance, and select Historic Belmar Park as the
official name for the multipurpose sports field in the Civic Center. 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
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day,
to introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with amendment to add Historic to the
name with the park named Historic Belmar Park. 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
COUNCILMEMBER
DISCUSSION ITEMS:
LEAGUE OF
CALIFORNIA CITIES
13.A. Designation of voting delegate and alternate for the League of
California Cities 2020 Annual Conference scheduled for October 7 - 9,
2020, was presented.
There were no members of the public present to speak.
Councilmember Winterer, seconded by Mayor McKeown, to appoint
Councilmember Jara as the delegate and Councilmember McCowan as the
alternate. 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
PROPOSITIONS 15 AND
16
13.B. Request of Mayor McKeown and Councilmembers Jara and
Winterer that the Council authorize endorsement by the City of Santa
Monica of state Propositions 15, which would increase funding for K-
12 public schools, community colleges, and local governments by
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
16 August 25, 2020
requiring that commercial and industrial real property be taxed based
on current market value; and state Proposition 16, which would repeal
Proposition 209 passed in 1996, thereby removing the ban on
affirmative action in public employment, public education, and public
contracting for persons on the basis of race, sex, color, ethnicity, or
national origin, was presented.
Member of the public Matt Neco, spoke on the recommended action.
Motion by Mayor McKeown, seconded by Councilmember Jara, to adopt
the recommendation. 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
SANTA MONICA POLICE
DEPARTMENT
Mayor McKeown excused at
1:12 a.m.
13.C. Request of Mayor Pro Tem O’Day and Councilmembers
McCowan and Himmelrich that staff promptly retain an outside
expert to compile the after-action report regarding Santa Monica
Police Department activities relating to events before, after, and on
May 31, 2020 and that staff provide that expert ongoing access to all
information relating to these events compiled to date by the Santa
Monica Police Department as well as any additional such information
gathered by the Santa Monica Police Department or from other
sources, was presented.
Members of the public Denise Barton, John Meddlin, David Feyhe, Burt
Champagne, Bardauex Lopez, Jonathan Foster, and Matt Neco spoke on the
recommended action.
Considerable discussion ensued on topics including, but not limited to: is
there a way to get this done faster; how long will it take to return the results
and the analysis; Council and the public would like to receive regular
updates; and, concerns that the cost is going to be more than the City
Attorney’s threshold for spending.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
direct the City Attorney to go through the RFP process as quickly as
possible to bring in an outside expert group who will gather facts , with PD
to do an analysis and evaluation, and put together an after-action report that
not only includes facts but potentially analysis as well. That could then be
reviewed and a determination could be made whether a further independent
investigation is necessary. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich,
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE
17 August 25, 2020
Mayor McKeown returned at
1:19 a.m.
McCowan, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor McKeown
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to direct staff to bring back regular reports on the status at each Council
meeting or Information Item going forward on the after-action and analysis
until the report is done. The Interim City Manager suggested providing
that information on a website to make that information available to
members of the public.
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 Jonathan Foster, Denise Barton, Craig Miller, and
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:27 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
DocuSign Envelope ID: BCBB93D6-E34E-4886-8BF2-D7F592BDC0DE