m20210223.pdf 1 February 23, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 23, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m.,
on Tuesday, February 23, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/cszxpsxv
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Kevin McKeown
Councilmember Christine Parra
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
Members of the public Matt Neco and David Whatley commented on
closed sessions.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
closed sessions and returned at 6:31 p.m., with all members present, except
Councilmember Brock. The City Council took a moment of silence to
acknowledge and remember the 500,000 lives lost as a result of the COVID
pandemic.
The Interim City Attorney reported the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been Initiated Formally Pursuant to Gov. Code Section
54956.9 (d) (1): Jad Alrabadiv. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. 18STCV0895
The Interim City Attorney advised this matter was heard with no reportable
action taken.
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Councilmember Brock
returned at 6:34 p.m.
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Jeanette Simington v. City of Santa Monica, et
al., Los Angeles Superior Court, Case No. 19STCV41920.
The Interim City Attorney advised the Plaintiff seeks damages after being
injured by a pencil-sized wood shard that punctured and became lodged
in her foot just below her ankle bone while walking on the Santa Monica
Pier on February 18, 2019. The City does not admit to the allegations in
the lawsuit, but to avoid the expense and burden of further litigation, the
City Attorney’s Office recommended settlement in the amount of
$24,500.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve Settlement Agreement No. 11139 (CCS), in the amount
of $24,500. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Fire Insurance Exchange v. City of Santa
Monica, et al., Los Angeles Superior Court, Case No. 20STCV25393.
The Interim City Attorney advised in this subrogation action, an insurer
seeks to recover claimed repair and other costs resulting from damage
alleged to have been caused by a January 16, 2019 accident in which an
SMPD vehicle crashed into a residence at 21110 Pacific Coast Highway.
The City does not admit to the allegations, but to avoid the expense and
burden of further litigation, the City Attorney’s Office recommended
settlement in the amount of $60,000.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to
approve Settlement Agreement No. 11140 (CCS), in the amount of
$60,000. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
1.D. Conference with Labor Negotiators: Government Code Section
54957.6 – Agency Designated Representatives: Chief People Officer
Lori Gentles and Human Resources Manager Shawn Weiske.
Bargaining Units: International Association of Sheet Metal, Air, Rail,
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and Transportation Workers, Transportation Division Local 1785
(SMART TD); Fire Executive Management Association (FEMA).
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report - Community & Economic Recovery: A
Shared Santa Monica Identity, was presented.
Members of the public Greg Morena, Kathleen Rawson, Misti Kerns, and
Marc Verville commented on the item.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Judy Abdo, Denise Barton, and Ellen Mackey
commented on various Consent Calendar items.
At the request of staff, Item 3.C. was pulled to separate the
recommendation and authorize the City Council to approve the City
investments, with the understanding that the Special Authority will be
heard at a later date to approve the Successor Agency investments.
At the request of Councilmember Brock, Items 3.A. and 3.C. were removed
from the Consent Calendar.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
McCowan, to approve the Consent Calendar except for Items 3.A and 3.C.,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
DESALINATION 3.B. Adoption of Resolution No. 11317 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO
CALIFORNIA STATE DEPARTMENT OF WATER RESOURCES WATER
DESALINATION GRANT PROGRAM AGREEMENTS FOR THE SANTA
MONICA SUSTAINABLE WATER INFRASTRUCTURE PROJECT AND
CITY OF SANTA MONICA BRACKISH DESALTER PRODUCTION
EFFICIENCY ENHANCEMENT PROJECT, AND ANY AMENDMENTS
THERETO”, was adopted.
Recommended Action
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Staff recommends that the City Council:
1. Adopt the amended resolution to authorize the City Manager to
execute all necessary documents to accept a $10 million water
desalination grant from the California Department of Water
Resources’ Water Desalination Grant Program for the Arcadia Water
Treatment Plant Production Efficiency Enhancement Project and
accept all grant renewals; and
2. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
1514 PRINCETON
STREET
3.D. Adoption of Resolution No. 11318 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL PARCEL MAP FOR PARCEL
NO. 74057 TO SUBDIVIDE A PROPERTY AT 1514 PRINCETON STREET”,
was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
approving Final Parcel Map No. 74057 for the property located at 1514
Princeton Street.
UNIFORM PURCHASE 3.E. Award Bid No. 4402 to Uniform Warehouse Inc. for the
Purchase of Uniforms and Protective Gear, was approved.
Recommended Action
Staff recommends that City Council:
1. Award Bid #4402 to Uniform Warehouse Inc. for the purchase and
delivery of Police Department uniforms and protective gear.
2. Authorize the Procurement Manager to issue a purchase order with
Uniform Warehouse Inc. for the purchase and delivery of Police
Department uniforms and protective gear in the amount of $106,500
for one year, with four additional one-year renewal options to extend
on the same terms and conditions for a total contract amount not to
exceed $545,376 (includes 3% increase in Year 3 and Year 5), with
future year funding contingent on Council budget approval.
WATER
SUSTAINABILITY
3.F. Adoption of Resolution No. 11319 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO AN AGREEMENT FOR GRANT
FUNDING FROM THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA’S LOCAL RESOURCES PROGRAM
FOR SUSTAINABLE WATER MASTER PLAN PROJECTS, AND
ANY AMENDMENTS THERETO” And Enter Into Agreement No.
11141 (CCS) to receive funding from the Metropolitan Water District of
Southern California's Local Resources Program, was adopted.
Recommended Action
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Staff recommends that the City Council:
1. Adopt the attached resolution to authorize the City Manager to
execute all necessary documents to receive funding from
Metropolitan Water District of Southern California’s Local
Resources Program;
2. Authorize the City Manager to execute an addendum to the Initial
Study and Mitigated Negative Declaration for the Sustainable Water
Infrastructure Project to add Metropolitan Water District of Southern
California as a project partner; and
3. Authorize the City Manager to execute an addendum to Initial Study
and Mitigated Negative Declaration for the Olympic Well Field
Restoration and Arcadia Water Treatment Plant Expansion Project to
add Metropolitan Water District of Southern California as a project
partner.
1319 CENTINELA
AVENUE
3.G. Adoption of Resolution No. 11320 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL TRACT MAP FOR TRACT NO.
67527 TO SUBDIVIDE A PROPERTY AT 1319 CENTINELA AVENUE”, was
adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
accepting and approving Final Tract Map No. 67527 for a six-unit
condominium project at 1319 Centinela Avenue.
AMICUS BRIEF 3.H. Authorization to Join in Amicus Brief in Support of Petitioners
in Sanchez, et al. v. Mayorkas, et al., United States Supreme Court, No.
20-315, was approved.
Recommended Action
Staff recommends that City Council authorize the City to sign on to an
amicus brief to be filed by Los Angeles County and joined by other cities
and counties nationwide in support of the petitioners’ position in Sanchez,
et al. v. Mayorkas, et al., United States Supreme Court, No. 20-315.
MINUTES 3.I. City Council Minutes - Regular Meeting - February 9, 2021,
were approved.
MINUTES 3.J. City Council Minutes - Regular Meeting - March 10, 2020, were
approved.
MARINE PARK 3.A. Authorization to Negotiate and Execute Design/Build
Agreement No. 11142 (CCS) with Landscape Structures, Inc. for the
Marine Park Playground Safety Upgrades Project, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
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negotiate and execute an agreement with Landscape Structures, Inc. for the
design, purchase of equipment, and installation of an inclusive playground
at Marine Park for the Community Services Department. This
recommended award is made as an exception to the competitive bidding
process, pursuant to Section 2.24.250(c), and is for an amount not to exceed
$1,200,000 (including a 10% contingency) for two years with a one-year
renewal option.
Councilmember Brock pulled this item to ask questions of staff including:
did Landscapes Structures, Inc. pursue any potential grants, or were any
other grants pursued to fund this contract; if not, staff should go back to see
if the city can get some additional discounts; and, has all safety measures
been taken to ensure that no chemicals are being used in the playground
equipment.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommended action. The motion was approved by
the following vote:
AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Noes
ABSENT: Noes
CITY INVESTMENT
POLICY
3.C. Annual Update on City Investment Policy Recommended
Action, was presented.
Staff recommends that the City Council:
1. Review and approve the City’s revised Investment Policy; and,
2. Extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2021 through February
28, 2022.
Staff also recommends that the Successor Agency Governing Board:
1. Review and approve the City Investment Policy for Successor
Agency Investments; and,
2. Extend investment authority to the Treasurer of the Successor
Agency, from March 1, 2021 through February 28, 2022.
Because the Special Joint meeting was not properly noticed, staff requested
this item be pulled to only consider the City Council investment, and to
come back on March 9th with the Successor Agency investments.
Councilmember Brock pulled this item to ask questions of staff, including,
how is the investment policy approved, and what is it, and how much do we
have in our investment funds.
Motion by Councilmember Brock, seconded by Councilmember
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McKeown, to review and approve the City’s revised Investment Policy;
and extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2021 through February 28, 2022.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
HOMELESSNESS
8.A. Efforts to Address Homelessness including Local and Regional
Strategies, was presented.
Recommended Action
Staff recommends that the City Council:
1. Affirm the City’s existing strategies to address homelessness in our
community.
2. Affirm continuation of the City’s recent, added strategies to address
homelessness, including Multidisciplinary Street Teams and Park
Ambassadors, for consideration in the FY2021-23 biennial budget
process.
3. Confirm that potential projects listed in “Four Pillars Roadmap –
Next Steps” (Attachment G) align with Council’s vision for a safe
and healthy Santa Monica, identify Council’s 3-5 top priorities
among those projects, and direct staff to assess feasibility and
develop cost estimates for priority projects for Council consideration
during the FY2021-23 biennial budget process and direct staff to
return with cost estimates for additional projects should these
become feasible and further resources become available.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to open the phone lines for an additional 15 minutes to allow
additional public speakers. The motion was approved by the following
vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Members of the public Bill Parent, Ericka Lesley, Denise Barton, Teresa
Marosco, Tara Barauskas, Lori Delgado, Natalya Zernitskya, Leonore
Kamner, Marc Verville, Laura Wilson, Sanah Chung, Olga Zurwaska, Matt
Neco, Laura Sesson, Peter Tren, Ann Thanawalla, and Shannon Yoshikawa
spoke on the recommended action.
Questions asked and answered of staff included, but not limited to: can
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staff give a run down of what if’s, including going against some of the
constitutional laws; are there such things as loitering laws in California; if
we wanted to open the parking lot that’s closest to City Hall, would that be
a possible alternative if we closed the parks at night; when residents see
illegal behaviors, what is the best recommendation we can give to residents
so that they can report or get resolution on those crimes; if someone
videotapes a crime, are officers advised to take those videos as evidence to
help with prosecution; is there accountability for vendors; when complaints
about providers are received, what steps does the city take; asked for a brief
update on SAMO Shell status; does decompression mean all shelters had to
reduce the amount of capacity at their shelters; what is the status of Parking
Structure 3 possibly becoming an affordable housing complex, and, are
projects not able to move forward due to lack of staffing as a result of
budgeting and COVID; if someone calls for a non-urgent matter, what’s the
average response time; what can the Police do to alleviate residents
concerns with illegal activities amongst the homeless, and help residents
feel protected; is there a way to get an emergency station at Chess Park, and
are they effective, do they work; how often are homeless provider vendors
sent out to RFP or bid; are all other local service providers being
considered; is the city looking for different approaches, or are we stagnate;
how can we make sure that we have big robust presence and provide
services in the evening; is this the worse homeless crisis we’ve seen in San
Monica; is this just an additional thing to what we are already doing, if we
lose the multidisciplinary street team, are we sure that this is as effective;
do we have data that shows if there is any benefit to driving people out of
our city to someplace else; what do services and outreach look like Mon –
Friday, weekdays; what type of programming is available, is it not easy to
find; what is the city doing to implement programming for the homeless
community in Santa Monica; what would it take to extend rental assistance;
has behavioral triage centers worked in other communities; what successful
program has been seen that has been proven to make a difference over a
period of time; what brings more homeless to Santa Monica; how many
people in Santa Monica have been homeless for a shorter period of time,
and would that make a difference to provide them with services; what are
some of the more successful programs that have worked in other cities that
we could duplicate here, without having to create a pilot program; what
percentage of our homeless population is made up of Veterans; does the
VA have any crisis teams that go out into the community to help Veterans;
should the city be looking at other teams to get better results, or are the
teams in place doing above and beyond; if the C3 Teams are doing great,
can we use them for more hours; are the homeless service providers
required to be evaluated from outside sources; can more information be
provided on alternative non-congregate shelters; and, how much are those
Department of Mental Health vans.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
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to affirm the four pillars that guide the City’s strategies to address
homelessness in our community; and, to affirm continuation of the City’s
recent, added strategies to address homelessness, including
Multidisciplinary Street Teams and Park Ambassadors, for consideration
in the FY2021-23 biennial budget process. The motion was approved by
the following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Parra, seconded by Councilmember Brock, to
confirm the potential projects listed in “Four Pillars Roadmap – Next
Steps” (Attachment G) align with Council’s vision for a safe and healthy
Santa Monica, identified Council’s 4 top priorities among those projects,
1) Emergency Rental Assistance, 2) Alternative Non-Congregate Shelter,
3) Behavioral Health Triage Center, and 4) Low Acuity Crisis Response;
and, direct staff to assess feasibility and develop cost estimates
for priority projects for Council consideration during the FY2021-23
biennial budget process and direct staff to return with cost estimates for
additional projects should these become feasible and further resources
become available. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
AGENDA
MANAGEMENT
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to hear
Item 13.B. before 13.A. to allow Mayor Pro Tem McCowan an opportunity
to leave the meeting a little early.
TRAFFIC CIRCLE
PROPOSAL
13.B. Request of Mayor Pro Tem McCowan that staff develop a
proposal to designate the traffic circle near Euclid Court and Michigan
Avenue as Brunson Circle to honor the legacy of Donald Brunson, the
first known Black child born in Santa Monica and an accomplished
member of the Santa Monica community, was presented.
There were no members of the public for this item.
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Brock,
to adopt the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra,
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Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
HOUSING
Mayor Pro Tem McCowan
was excused at 12:26 a.m.
13.A. Request of Mayor Himmelrich, Mayor Pro Tem McCowan, and
Councilmember McKeown that the Council direct staff, in preparation
for the Housing Element, to 1) explore options for locally controlled
zoning whereby housing opportunities are expanded, including housing
affordable to moderate-income families and individuals, and resultant
increases in land value are captured by the community to guarantee
significant truly affordable deed-restricted lower- income housing
production; 2) ask all public entities to review highest/best use for their
current properties throughout Santa Monica and specifically demand
that the State of California commit the DMV site at Cloverfield and
Colorado as a suitable site for deed-restricted affordable housing
development in Santa Monica’s housing element; 3) explore options to
prohibit altogether, or to at a minimum strongly disincentivize,
commercial development on sites suitable for residential development
in Santa Monica; and 4) incorporate into the Santa Monica Zoning
Code the provisions of SB 899 (2019-2020), which would make it easier
for congregations and non-profits to build affordable housing on their
properties, was presented.
Members of the public Denise Barton and Jonathan Foster, spoke to the
recommended action.
Motion by Councilmember McKeown, seconded by Mayor Himmelrich, to
adopt the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
COMMISSION FOR THE
SENIOR COMMUNITY
13.C. Recommendation to accept Lynn Strother's resignation from
the Commission for the Senior Community and authorize the City
Clerk to publish the vacancy, was presented.
Motion by Mayor Himmelrich, seconded by Councilmember McKeown, to
accept the resignation with regret. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Himmelrich
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NOES: None
ABSENT: Mayor Pro Tem McCowan
PUBLIC INPUT: Members of the public David Whatley and Laura Wilson commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:01 a.m. in
memory of John Guerrero.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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