m20210323.pdf 1 March 23, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 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, March 23, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/rvxhjxyp
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.
MOMENT OF SILENCE At the request of the Mayor, the City Council took a moment of silence to
acknowledge and mourn the tragedies in Atlanta and Boulder this past
week.
CLOSED SESSIONS
There was no public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
closed sessions and returned at 6:35 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): Jad Alrabadi v. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. 18STCV08958.
The Interim City Attorney advised the Plaintiff, who is wheelchair bound
and suffers from cerebral palsy, alleges that his wheelchair was not
properly secured when he boarded a Big Blue Bus on August 10, 2018.
Plaintiff alleges that as a result his wheelchair fell backwards when the bus
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made a turn, causing him to suffer severe injuries that have led to two
surgeries to date. The City does not admit the allegations, but to avoid the
expense and burden of further litigation, the City Attorney’s Office
recommended settlement in the total amount of $1,500,000, of which
$100,000 will be paid by Caring Connection, the company that employed
plaintiff’s caretaker, who accompanied plaintiff on the bus.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to approve Settlement No. 11148 (CCS), in the amount of $1,500,000. 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.B. Conference with Real Estate Negotiator pursuant to
Government Code Section 54956.8: Property: Parking Area
East/Airport Park Expansion West (226,090 sf) and 3200 Airport
Avenue (16,590 sf), Santa Monica, California; City Negotiators:
Jennifer Taylor, Economic Development Manager, and Stelios
Makrides, Chief Operations Officer/Airport Director; Owner of
Record: City of Santa Monica; Persons to be negotiated with: Angel
City Football Club; Under negotiation: Ground Lease and Building
Lease Terms.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation Declaring March 31, 2021 as Cesar Chavez Day
in the City of Santa Monica, was presented
2.B. Commendations: EOC Staff (COVID-19 Pandemic), was
presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Mark Verville commented on a Consent Calendar
item.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof.
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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
ANNUAL FINANCIAL
REPORT
3.A. Presentation of the City’s Comprehensive Annual Financial
Report, was approved.
Recommended Action
Staff recommends that the City Council receive and file the City’s
Comprehensive Annual Financial Report (Financial Report), the
independent auditors’ unmodified report for the City’s financial statements
for the fiscal year ended June 30, 2020, and the Auditors’ Letter to Council.
AMICUS BRIEF 3.B. Authorization to Join in Amicus Brief In Support of the City of
New York in Marcia Melendez, et al. v. City of New York, et al.,
United States Court of Appeals for the Second Circuit, No. 20-4238-cv,
was approved.
Recommended Action
Staff recommends that City Council authorize the City to sign on to an
amicus brief to be filed by the Public Rights Project, the City of Chicago,
and the City of Santa Monica in support of the constitutionality of the City
of New York’s tenant harassment ordinance that prohibits threatening
tenants based on their status as an essential employee, status as a person
impacted by COVID-19, or receipt of a rent concession or forbearance for
any rent owed during the COVID-19 pandemic.
EMERGENCY
PROCLAMATION
3.C. Adoption of Resolution No. 11324 (CCS) entitled “AN
EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF
THE SANTA MONICA MUNICIPAL CODE RATIFYING THE
PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY
AND SUPPLEMENTAL PROCLAMATIONS THERETO”, was
adopted.
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the
Executive Order issued by the Director of Emergency Services declaring
the existence of a local emergency in the city of Santa Monica and the
Supplements to that Order.
100 WILSHIRE
BOULEVARD
3.D. Approval of Agreement Modification to Include Utility Costs at
Rooftop Space at 100 Wilshire Boulevard, was approved.
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Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #9798 with DE 100
Wilshire, LLC in the amount of $7,200 for additional license fees including
the utility costs required for the City’s operation of its communications
equipment for the Police Department. This will result in a ten-year
agreement with a new total amount not to exceed of $569,356, with future
year funding contingent on Council budget approval.
STORMWATER 3.E. Adoption of Resolution No. 11325 (CCS) to entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TOAUTHORIZE ENTERING INTO
PROPOSITION 1 STORM WATER GRANT PROGRAM FUNDING
AGREEMENT WITH THE CALIFORNIA STATE WATER
RESOURCES CONTROL BOARD FOR THE STORMWATER
HARVESTING & TREATMENT PROJECT FOR GROUNDWATER
INJECTION, PART OF THE SUSTAINABLE WATER
INFRASTRUCTURE PROJECT (SWIP), AND DESIGNATE A
REPRESENTATIVE/REPRESENTATIVES”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution to accept the Prop 1 Storm Water
Grant Program funds from the State Water Resources Control
Board;
2. Authorize the City Manager or designee to negotiate and execute
agreements to receive the funds; and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
MINUTES 3.F. Minutes of City Council - Special Meeting - March 9, 2021, were
approved
MINUTES 3.G. Minutes of City Council - Regular and Special Meeting - March
9, 2021, were approved.
ORDINANCES:
FLOODPLAIN
ORDINANCE
7.A. Second Reading And Adoption Of Ordinance No. 2665 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OFSANTA MONICA MODIFYING CHAPTER 7.68 OF THE SANTA
MONICA MUNICIPAL CODE TO UPDATE THE CITY’S
FLOODPLAIN ORDINANCE TO MEET FEMA REQUIREMENTS
FOR FLOOD INSURANCE”, was presented.
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
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Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
MOBILITY 7.B. Second Reading And Adoption Of Ordinance No. 2666 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OFSANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 3.21.090 TO EXTEND THE TERM OF THE FIRST
SHARED MOBILITY DEVICE PILOT PROGRAM FROM APRIL
30, 2021 TO JUNE 30, 2021; AMENDING CHAPTER 3.22 (SECOND
SHARED MOBILITY DEVICE PILOT PROGRAM); AND
AMENDING SECTION 3.12.600 TO AUTHORIZE THE USE OF
CLASS 1 AND CLASS 2 ELECTRIC BICYCLES, BUT PROHIBIT
THE USE OF MOTORIZED OR CLASS 3 ELECTRIC BICYCLES,
ON THE BEACH BIKE PATH”, was presented.
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Parra, seconded by Councilmember Brock, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, McKeown, Brock, de la Torre,
Mayor Himmelrich
NOES: Councilmember Davis, Mayor Pro Tem McCowan
ABSENT: None
Councilmember Davis stated she voted no on this item for the same reason
she voted no for the first reading. She thinks this is unduly complicated
and creates a situation which might cause a lot of confusion in our city with
regards to dockless mobility particularly at times we know we're going to
have lots of visitors in town for example this 4th of July holiday.
AGENDA
MANAGEMENT
Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to
approve hearing Item 8.B. before 8.A. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
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NOES: None
ABSENT: None
WATER
INFRASTRUCTURE
8.B. Adoption of Resolution No. 11326 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO
APPLY FOR FINANCIAL ASSISTANCE THROUGH THE WATER
INFRASTRUCTURE FINANCE AND INNOVATION ACT
PROGRAM AND TO NEGOTIATE AND EXECUTE A FUNDING
AGREEMENT”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the City Manager to
submit an application for credit assistance for up to $84,520,000
through the U.S. EPA’s Water Infrastructure Finance and
Innovation Act (WIFIA) Program;
2. Authorize the City Manager or designee to negotiate and execute all
documents necessary for the credit assistance agreement with the
U.S. EPA;
3. Authorize the Procurement Manager to issue a purchase order with
the U.S. EPA for closing costs in an amount not to exceed
$300,000;
4. Direct staff to proceed with an analysis of a revenue bond as an
alternative to the WIFIA loan and to return to Council for
authorization to issue such a bond if it is determined to be more
favorable than the WIFIA loan; and
5. Authorize budget changes as outlined in the Financial Impacts &
Budgets Actions section of this report.
There was no public comment for this item.
Questions asked and answered of staff included: what is an acre foot of
water equivalent to; when this project is done, will there be any savings for
residents, or will their rates soar; if the required RHNA housing is built,
where does that put the city with water in the next seven to eight years;
does that reduce our ability to be water sufficient; or in the case of more
recycling of water and more wastewater management does that end up at a
net for us; and, is the estimate to reduce water usage by 5% - 7% using
SMART meters; with the 5% - 7% reduction, does the investment in
SMART meters eventually pay for itself.
Motion by Councilmember McKeown, seconded by Councilmember de la
Torre, to adopt the attached resolution authorizing the City Manager to
submit an application for credit assistance for up to $84,520,000 through
the U.S. EPA’s Water Infrastructure Finance and Innovation Act (WIFIA)
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Program; to authorize the City Manager or designee to negotiate and
execute all documents necessary for the credit assistance agreement with
the U.S. EPA; authorize the Procurement Manager to issue a purchase order
with the U.S. EPA for closing costs in an amount not to exceed $300,000;
to direct staff to proceed with an analysis of a revenue bond as an
alternative to the WIFIA loan and to return to Council for authorization to
issue such a bond if it is determined to be more favorable than the WIFIA
loan; and, authorize budget changes as outlined in the Financial Impacts &
Budgets Actions. 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
STAFF
ADMINISTRATIVE
ITEMS:
SURPUS LAND
8.A. Adoption of Resolution No. 11327 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, DECLARING PURSUANT TO THE
SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY OWNED
OR MASTER-LEASED BY THE CITY LOCATED AT 1636 5TH
STREET AND THE CITY’S LEASEHOLD INTEREST IN 1333 4TH
STREET IS SURPLUS LAND NOT NECESSARY FOR THE CITY’S
USE, AND CERTAIN REAL PROPERTY OWNED BY THE CITY
LOCATED AT 1318-20 4TH STREET IS EXEMPT SURPLUS LAND
NOT NECESSARY FOR THE CITY’S USE AND PROPOSED FOR A
100% AFFORDABLE HOUSING DEVELOPMENT; FINDING THAT
SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND TAKING RELATED ACTIONS”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Declare two City-owned properties located at 1636 5th Street (APN
4290-011-906) and 1333 4th Street (APN 4291-011-910) as “surplus
land” as defined in Government Code Section 54221(b);
2. Declare one City-owned property located at 1318-1320 4th Street
(APN 4291-012-900 & 901) as “exempt surplus land” as defined in
Government Code Section 54221(f);
3. Adopt a Resolution declaring the City-owned properties at 1636 5th
Street and 1333 4th Street as surplus land and the City-owned
property at 1318 4th Street as exempt surplus land, and authorize
the City Manager or his or her designee to take implementing
actions necessary to comply with the Surplus Land Act
(Government Code sections 54220 et seq.;
4. Authorize the City Manager or his or her designee to submit the
report of declared surplus land and exempt surplus land as part of
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the Annual Report to the California Department of Housing and
Community Development (HCD), in conformance with state law.
Members of the public Mary Marlow and Denise Barton spoke to the
recommended action.
The Interim City Attorney made a modification to the resolution to
recognize that the City does not own the property at 1333 4th Street, but
rather has a leasehold interest in that property.
Questions asked and answered of staff included: is there any downside to
declaring a surplus property and being able to use it for affordable housing
in the future; if a property is deemed surplus, can it be sold; if a property is
deemed exempt, can it be considered for what type of uses; why would the
city place these valuable properties as surplus to be sold, instead of
maintaining them for affordable housing; why is staff requesting Parking
Structure 3 be demolished now, when there isn’t a developer for that
property; is it customary for the city to be responsible for demolition and
not the developer; does it mean there will be no development on 4th & 5th
and Arizona, as a result of the lease with Bank of America until 2026; once
the property is deemed surplus on the 5th Street site, is there an adjacent
developer who is interested in that property; and, before a large
development could be built on that property, would it have to go through a
rigorous planning process, and come back before Council.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
declare two City-owned properties located at 1636 5th Street (APN 4290-
011-906) and the City’s leasehold interest in 1333 4th Street (APN 4291-
011-910) as “surplus land” as defined in Government Code Section
54221(b). 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
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis,
to Declare one City-owned property located at 1318-1320 4th Street (APN
4291-012-900 & 901) as “exempt surplus land” as defined in Government
Code Section 54221(f). 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
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Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to adopt Resolution No. 11327(CCS), declaring the City-owned properties
at 1636 5th Street and the City’s leasehold interest in 1333 4th Street as
surplus land and the City-owned property at 1318 4th Street as exempt
surplus land, and authorize the City Manager or his or her designee to take
implementing actions necessary to comply with the Surplus Land Act. 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
Motion by Councilmember Parra, seconded by Councilmember Brock, to
authorize the City Manager or his or her designee to submit the report of
declared surplus land and exempt surplus land as part of the Annual Report
to the California Department of Housing and Community Development
(HCD), in conformance with state law. 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
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive no compensation for meeting as the Public Finance
Authority.
SPECIAL JOINT
MEETING
On order of the Mayor, the City Council convened to a special joint
meeting with the Public Financing Authority at 8:30 p.m., with all members
present.
BONDS ISSUANCE 8.C. Adoption of Resolutions Nos. 11328 (CCS) and 16 (PFA)
Authorizing Issuance of Lease Revenue Refunding Bonds (Parking
Structure 6 Project), Series 2021A and Series 2021B, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached Resolution Authorizing Issuance of Lease
Revenue Refunding Bonds (Parking Structure 6 Project), Series
2021A and Series 2021B (Attachment A), and approve the related
documents required for the Issuance of Lease Revenue Refunding
Bonds (Parking Structure 6 Project), Series 2021A and Series
2021B (Attachments D, E, F, G, H and I).
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Staff recommends that the Public Financing Authority:
1. Adopt the attached Resolution Authorizing Issuance of Lease
Revenue Refunding Bonds (Parking Structure 6 Project), Series
2021A and Series 2021B (Attachment B), and approve the related
documents required for the Issuance of Lease Revenue Refunding
Bonds (Parking Structure 6 Project), Series 2021A and Series
2021B (Attachments C, D, E, F, G, H and I).
There was no public comment for this item.
Questions asked and answered of staff included, what collateral did we
provide for parking structure #6.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
that the City Council adopt Resolution No. 11328 (CCS) authorizing
issuance of lease revenue refunding bonds. 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
Motion by Authority Member McKeown, seconded by Authority Member
de la Torre, that the Public Financing Authority adopt Resolution No. 16
(PFA) authorizing issuance of lease revenue refunding bonds. The motion
was approved by the following vote:
AYES: Authority Members Parra, Davis, McKeown, Brock, de la Torre,
Chair Pro Tem McCowan, Chair Himmelrich
NOES: None
ABSENT: None
MINUTES 8.D. Minutes for Public Financing Authority meeting, were
presented.
Recommended Action
Staff recommends that the Public Financing Authority approve the minutes
of the October 27, 2020 meeting.
Motion by Chair Pro Tem McCowan, seconded by Authority Member
McKeown, to approve the staff recommendation. The motion was approved
by the following vote:
AYES: Authority Members de la Torre, Brock, McKeown, Davis,
Parra, Chair Pro Tem McCowan, Chair Himmelrich
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NOES: None
ABSENT: None
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting with the Public
Finance Authority was adjourned at 8:35 p.m., and the regular meeting of
the City Council was reconvened, with all members present.
RENT RELIEF
8.E. Approval of COVID-19 Rent Relief for City Tenants, was
presented
Recommended Action
Staff recommends that the City Council authorize the City Manager or
designated staff to take the following actions regarding the current Rent
Deferment Program that covers a subset of commercial tenants in City-
owned properties who are currently enrolled in the program:
1. Extend the repayment term from September 30, 2021 to June 30,
2022;
2. Suspend rent increases in FY 2021-2022, for the months of July 1,
2021 to June 30, 2022;
3. Consider and provide direction regarding the additional rent relief
measures outlined as Options 1 and 2 in this report;
4. Authorize staff’s discretion to administer the Rent Deferment
Program specifically to Santa Monica Airport tenants in a manner
that fully complies with the City’s contractual obligations under its
Consent Decree and Settlement Agreement with the Federal
Aviation Administration; and,
5. Authorize staff to amend the Ground Lease between the City and
the Worthe Group to memorialize the requirement to pass through
the value of a one-year rent freeze authorized by Council to
subtenants, with priority given to non-profits at the Bergamot Arts
Center.
Members of the public Robert Berman, Marisa Caichiolo, Cindy Phiffer,
Yossi Gorvin, Mary Marlow, Rose Shoshana, Greg Morena, Rubert Hitzig,
Maria Guerrero, William Turner, Craig Krull, Tricia Crane, Charles
Duncombe, Mike Myers, Don Camacho, Eddie Jauregui, Jack Mendoza,
John Ruskin, and, Om Bleicher spoke on the recommended action.
Councilmember de la Torre made a statement to avoid any perception of a
conflict of interest on this item. His statement was as follows: “There are
60 businesses and some of those businesses at Bergamot have been
supportive at fund raising events with space or donations with the Pico
Youth and Family Center. I want to make sure that I personally avoid any
potential or perception or conflict, and because of that, I will be recusing
myself from this item.”
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Councilmember de la Torre
was excused at 10:03 p.m.
Questions asked and answered of staff included: is there some reason that
staff is not bringing back how the city can accommodate their tenants, until
after the city receives Federal funding; is there some sort of timeline about
when the expectation that everything will get back to 100% normal; are we
waiting to invest some money to help businesses make money; what
options does the city have to allocate one-time art funds; what can be done
to assure tenants that the city is going to do as much as they can to help
them; can the proposals be broken down by business groups in comparison
to what staff is proposing; what is the minimum that needs to be done
tonight in order to keep the tenants safe; and, what can be done to help the
non-profits, so that they can continue to operate.
Motion by Councilmember Brock, seconded by Councilmember
McKeown, that the city extend its deferral of rents for city tenants who are
commercial Tenant 1, for a period until June 30th under the same standards
as the current commercial eviction moratorium. Those who are open, pay
50% of the rent, those who are still required to be closed by the health order
can defer 100% of their rent. The repayment period for the deferred rent
will be extended until three months after June 30th to September 30, 2021
as the start of the repayment period. The repayment term from repayment
would be extended to begin September 1, 2021, and the expiration date for
repayment would be June 30, 2022, subject to staff coming back with
additional suggestions in the future. City staff should look for ways to
assist the businesses in looking for additional funding from either Federal,
State or local funding sources, as those become available and make efforts
to provide assistance to the businesses to do whatever is necessary to
qualify.
Councilmember Davis proposed a friendly amendment, that the June 30,
2022 date be subject to reconsideration when this item is brought back as a
larger package of relief for all of these businesses.
The Interim City Attorney proposed revised language to address Council’s
concerns to set the repayment period from September 1, 2021 to June 30,
2022, with direction to staff to return with a proposal to extend that
repayment period and, potentially have a graduated payment program
within that repayment period, as directed to staff to return. The maker and
seconder accepted the amendment, with the language proposed.
Councilmember Davis proposed a friendly amendment that whatever staff
returns with, that not less than 20% of the American Rescue Plan dollars be
devoted to relief for our current city tenants. Councilmember Davis pulled
the motion from the main motion and decided to bring it back as direction
to staff later in the evening.
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The Interim City Attorney provided clarification about other items that
needs to be included in the motion. 1) include the Worthe Group as part of
this extension as a deferment, on the condition that they pass that through
to the underlying tenants at Bergamot Station; 2) to suspend rent increases
in FY 2021-2022, for the months of July 1, 2021 to June 30, 2022; and,
3)to authorize staff’s discretion to administer the Rent Deferment Program
specifically to Santa Monica Airport tenants in a manner that fully complies
with the City’s contractual obligations under its Consent Decree and
Settlement Agreement with the Federal Aviation Administration. The
additions to the motion were approved by the maker and the seconder.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
Motion by Councilmember Davis, seconded by Mayor Himmelrich to give
direction to staff, when they return with proposal regarding the American
Recovery Act funds, that no less than 20 percent of those funds be directed
towards small business recovery with an emphasis on those businesses for
which the city is directly or indirectly landlord, and that we use those funds
to preserve and promote those businesses in their current location or status.
Mayor Pro Tem McCowan proposed a friendly amendment to include
criteria that would allow some other struggling businesses in the
community into this fund. The motion was not considered friendly by the
maker, because the amendment is implied in the motion.
Councilmember Davis, amended her motion to say set a goal of no less
than 20 percent.
The motion, as amended was approved by the following vote:
AYES: Councilmembers Brock, McKeown, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
COUNCILMEMBER
DISCUSSION ITEMS:
Councilmember de la Torre
returned at 11:05 p.m.
13.A. Request of Mayor Himmelrich, Mayor Pro Tem McCowan, and
Councilmember Brock that the City Council affirm its support for
splitting Santa Monica and Malibu into two separate independent
school districts, but only if the terms of separation, including but not
limited to the division of revenues and assets, are fair and just to
students in Santa Monica schools, and provide robust and equal
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educational opportunity for both Malibu and Santa Monica students,
was presented.
Member of the public Jon Katz spoke on the recommended action.
Motion by Councilmember Brock, seconded by Mayor Himmelrich, to
approve the recommendation. 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
PUBLIC INPUT: Member of the public Jonathan Foster commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:16 p.m
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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