m20210413.pdf 1 April 13, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 13, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m.,
on Tuesday, April 13, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/fjkaykar
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan (arrived at 5:45 p.m.)
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Oscar de la Torre (arrived at 5:33 p.m.)
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 except Councilmember de la Torre and Mayor Pro Tem
McCowan.
CLOSED SESSIONS
Mayor Pro Tem McCowan
arrived at 5:45 p.m.
Member of the public David Whatley commented on closed sessions.
Councilmember de la Torre gave a statement of recusal.
Due to Councilmember de la Torre’s work with the youth of the Pico
Neighborhood for many years, there are some alleged victims that he
knows personally. This makes it very difficult for impartiality because it is
emotionally and psychologically very hard. For this reason,
Councilmember de la Torre recused himself in all matters regarding the
settlement of these issues.
On order of the Mayor, the City Council recessed at 5:40 p.m., to consider
closed sessions and returned at 6:40 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
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Councilmember de la Torre
was excused at 5:45 p.m.
Councilmember de la Torre
arrived at 6:40 p.m.
Section 54956.9(d)(1): Guadalupe Olmedo v. City of Santa Monica, et
al., Los Angeles Superior Court, Case No. BC719653.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): John Doe #1, et al. v. City of Santa Monica, Santa
Monica PAL, et al., Los Angeles Superior Court, Case No.
20STCV36226; John Doe #1 v. City of Santa Monica, Santa Monica
PAL, et al., Los Angeles Superior Court, Case No. 20STCV39505;
John UA Doe, et al. v. City of Santa Monica, Santa Monica PAL, et al.,
Los Angeles Superior Court, Case No. 20STCV43543; John AI Doe v.
City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior
Court, Case No. 20STCV44059; John Doe #7, et al. v. City of Santa
Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case
No. 20STCV46215; John PS Doe v. City of Santa Monica, Santa
Monica PAL, et al., Los Angeles Superior Court, Case No.
20STCV48207; John FM Doe, et al. v. Roe #1, Roe #2, et al., Los
Angeles Superior Court, Case No. 20STCV49643; John UN Doe v. City
of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior
Court, Case No. 21STCV00968; John OQ Doe, et al. v. Santa Monica
PAL, City of Santa Monica, et al., Los Angeles Superior Court, Case
No. 21STCV04365.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Arts Month 2021, was presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There was no public commented on various Consent Calendar items.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, 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 Parra, Davis, McKeown, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
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PROTECTIVE
EQUIPMENT
3.A. Award Bid #SP2643 to Safeguard US Inc. to provide
design/build services for fall protection equipment at several City
facilities, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2643 to Safeguard US Inc. for the Fall Protection
Project for the Risk Management Division;
2. Authorize the City Manager to negotiate and execute Contract No.
11149 (CCS) with Safeguard US Inc., in an amount not to exceed
$1,631,934 (including an 8% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
SQL REPORT
DEVELOPMENT
3.B. Approval of Modification to Agreement-SA Technologies (SQL
Report Development Services), was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #11081 in the
amount of $100,000 with SA Technologies, Inc., (SAT) a California-based
company, for services related to SQL report development. This will result
in a two-year agreement with a new total amount not to exceed $190,000,
with future year funding contingent on Council budget approval.
AMICUS BRIEF 3.C. Authorization to Join in Amicus Brief In Support of the City of
New York in Community Housing Improvement Program, et al. v.
City of New York, et al., United States Court of Appeals for the Second
Circuit, Case No. 20-3366, was approved.
Recommended Action
Staff recommends that City Council authorize the City to sign on to an
amicus brief to be filed by the City of Los Angeles in support of the City of
New York’s position in Community Housing Improvement Program, et al.
v. City of New York, et al., United States Court of Appeals for the Second
Circuit, Case No. 20-3366.
MINUTES 3.D. Minutes of City Council - Special Meeting - March 13, 2021,
were approved.
MINUTES 3.E. Minutes of City Council - Regular and Special Joint Meeting -
March 23, 2021, were approved.
ORDINANCES:
ZONING
7.A. Introduction and Adoption of Emergency Interim Ordinance
No. 2667 (CCS) entitled “AN EMERGENCY INTERIM ZONING
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING MINOR CHANGES, CORRECTIONS AND
CLARIFICATIONS TO INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ORDINANCE 2636
(CCS) AND EXTENDED AND AMENDED BY EMERGENCY
INTERIM ZONING ORDINANCE 2658 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 an Emergency
Interim Zoning Ordinance to make minor changes, corrections and
clarifications to interim zoning regulations for economic recovery of the
City’s BC (Promenade) District and those portions of the BC (2nd and 4th
Street) District bounded by 2nd Street to the west, Broadway to the south,
4th Street to the east, and Wilshire Boulevard to the North.
There was no public comment for this item.
Question asked and answered of staff included, if fortune telling is allowed
on the Promenade, why is it not being allowed on the Pier.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
introduce and adopt on first reading of the ordinance reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Brock, McKeown, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmembers de la Torre
ABSENT: None
ZONING 7.B. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2668 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING AND EXTENDING INTERIM ZONING
REGULATIONS ADOPTED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2663 (CCS) TO TEMPORARILY PROHIBIT
NON-RESIDENTIAL USES CITYWIDE AND SINGLE-UNIT
DWELLINGS IN COMMERCIAL ZONES TO PRESERVE POTENTIAL
HOUSING SITES IN PREPARATION OF THE 6TH CYCLE HOUSING
ELEMENT”, was presented.
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Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency
Interim Zoning Ordinance amending and extending interim
regulations temporarily prohibiting, with some exceptions, non-residential
development citywide and single-unit dwellings in commercial zones to
preserve potential housing sites in preparation of the 6th Cycle Housing
Element.
Member of the public Noelani Derrickson spoke to the recommended
action.
Question asked and answered of staff included, why is this Interim Zoning
Ordinance being extended until January 2022.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to introduce and adopt on first reading of the ordinance reading by title only
and waiving further reading thereof, including modifications to exemptions
for temporary usage using language set out in the staff report, and setting a
new expiration date of January 15, 2022 for the IZO. 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 ASSEMBLIES 7.C. Introduction and Adoption of an Emergency Ordinance entitled
“AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 4.08.780 TO PROMOTE THE PUBLIC
SAFETY AND WELFARE BY PROHIBITING CERTAIN ITEMS AT
PUBLIC ASSEMBLIES AND COMMUNITY EVENTS”, was presented.
Recommended Action
Staff recommends that City Council adopt an emergency ordinance
amending Santa Monica Municipal Code Section 4.08.780 relating to
restrictions on carrying, using, or possessing certain specified items during
community events or public assemblies to promote public safety and
welfare.
Members of the public Karen Wise, Burt Champagne, Meredith Coons,
Craig Miller, Denise Barton, Jon Katz, Thomas Modrano, Mark Shaw, Phil
Racko, and, Angele Kranhan Katz spoke to the recommended action.
Questions asked and answered of staff included: if someone was found in
violation of this ordinance, what would be the penalty; does the Police
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Department not have the materials they need to provide protection during a
protest; does the Police Department have the tools to combat against the
type of looting that occurred on May 31st; given the current ordinances, if
video footage came forth, what would be the penalty to that person; how
would enforcement of this ordinance as a preventative take place; is it a
good idea to put out the word that Santa Monica does not allow specific
items for protest, and do we think it’s going to prevent those who want to
create an unpeaceful protest; could this potentially escalate a situation if
law enforcement has to make a judgement call about whether or not a
person has unwarranted items during a protest; is the expectation to only
issue a citation, not take a person to jail; will it depend on a person’s
attitude or behavior to determine how the law enforcement handles a
violation; is there a protocol where the Police Department contacts the
organizers of protest once a permit has been filed; what was the most
important tools used to make arrest after the May 31st looting incidents;
how many arrest were made in the aftermath of May 31st; does the
department plan to use drones, video, and facial recognition in the future to
help utilize prosecution or arrest; what is the perception from an officers
perspective when they arrive on the scene, depending on the posture of the
protestors; would having an ordinance in place deter people posturing in an
angry manner; is this something that will keep protestors, buildings, and
officers safe during an emergency; the ordinance as written, would
someone carrying a stick be in violation, and could they be cited; would the
same sign with a plastic pole, be a violation; how would this ordinance
assist officers to discover items that are banned, if they are concealed in
people’s backpacks or bags; without this ordinance, is it correct that the
Police’s hands are tied when they approach someone with a weapon to
intervene before harm is committed; and, where does a flag fall under this
category.
Motion by Councilmember Parra, seconded by Councilmember Brock, to
introduce and adopt on first reading of the ordinance reading by title only
and waiving further reading thereof, with amendments from staff.
Councilmember de la Torre proposed a friendly amendment to make it
legal for a stick or plastic pole, of any size, as long as it holds up a sign or
something expressible, to be allowable. The amendment was considered
friendly by the maker and seconder.
Councilmember Brock proposed a friendly amendment to sunset and shall
have no effect after September 30, 2021. The amendment was considered
friendly by the maker.
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The motion failed by the following vote:
AYES: Councilmembers de la Torre, Brock, Parra
NOES: Councilmembers Davis, McKeown,
Mayor Pro Tem McCowan, Mayor Himmelrich
ABSENT: None
SIGNAGE
Councilmember Brock
excused at 9:22 p.m.
7.D. Introduction for First Reading of an Ordinance to Making
Minor Changes, Corrections and Clarifications to Santa Monica
Municipal Code Sections 9.61.120, 9.61.150, and 9.61.200 Related to
Administrative Approval, Exempt Signs, and Signs for Establishments
With Frontage Along the Third Street Promenade, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an
ordinance amending the text of the City’s Zoning Ordinance to make minor
corrections to the Sign Code related to administrative approval, exempt
signs, and signs for establishments with frontage along the Third Street
Promenade.
There was no public comment on this item.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to introduce for first reading of the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, McKeown, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Brock
STAFF
ADMINISTRATIVE
ITEMS:
AMERICAN RESCUE
PLAN
Councilmember Brock
returned at 9:32 p.m.
8.A. American Rescue Plan Allocation Recommendations, Rent
Relief Programs, and Proposed Community Funding Project
Submissions, was presented
Recommended Action
Staff recommends that the City Council:
1. Review, discuss, and provide direction on the allocation of
American Rescue Plan Act funding, the Rent Relief Program and
the Proposed Community Funding Project Submissions; and
2. Authorize budget and staffing changes as outlined in the Financial
Impacts & Budget Actions section of this report.
Members of the public Ed Horowitz, John Ruskin, Greg Morena, Denise
Barton, Amy Ruskin, Dylan McDermott, Dominic Gomez, Yossi Gorvin,
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Craig Krull, Austin Highsmith Garces, Michael Riley, Cindy Pfeifer, Jim
Stapleton, Rose Shoshana, Zina Josephs, Michael Soloff, Joe Galliani,
Mike Myers, Edgar Juaregi, Petra Iko, Charles Duncombe, Robert Berman,
Rebecca Setareh, Marisa Caichiolo, Om Bleicher, Lois Lambert, Allison
Hobble, William Turner, and Dominic Bea spoke to the recommended
action.
Questions asked and answered of staff included: when is it expected that
the budget will be able to pay back the GSH funds; is repayment to GHS a
plan that Council can make now, or would it have to be year by year
budgets; is there a failure to allocate, or a failure to communicate; could
more be allocated to arts venues that have been almost completely shut
down, or will that take away from something else; if the city gives three
months abatement tonight, where’s the money coming from to supplement
rent abatement after those three months, if non-profits and small businesses
aren’t able to get grant money; what kind of rent relief does $1 million
cover; does it make sense to not give any relief tonight, and instead wait
until Council comes back with the proposed budget next month; how would
the Pier Business Improvement District (BID) work, and why is there
consideration of forming a Business Improvement District if the Pier
businesses nor the city have money to put into the BID; for Pier funds, is
the amount of contingency funds determine future losses, or is that hopeful
to the future; what are the three Planning positions for, and are all three
related to permitting; why does virtual work take longer; is part of the
problem with the digital permit that the input is not automated; do we need
to hire full-time people to get the backlog up to date, can contracted or part-
time workers be hired to do the work; how much money is needed to fund
these three positions; what was the $7 million staffing cost in the
presentation, what does that represent; can the rent abatement process and
how it works be explained; what action is staff asking Council to do
tonight; can contracting work be done on efficiency; shouldn’t we be
looking at the Federal funding in coordination with the budget, instead of
piecemealing money now; what are we doing about the 19-20 Affordable
Housing fund, when the city has said that housing is such a priority for this
city, how soon can the general fund pay that fund back; by removing GHS
funds, does it impact the city’s ability to build affordable housing; what
else can the city do to help the city-owned tenants; it is prohibited to just
hire data inputters and not hire full-time permit staff; shouldn’t Council
wait until the budget and the Moss-Adams report before making decisions
to hire full-time staff; does the schools have enough crossing guards this
year at every school; is there a way to allocate funding the neighborhood
organizations for one year out of the $3 million; what does Council need to
do to make sure services are funded for things residents need and can see;
how did staff come up with the two priorities that money should be
allocated; is it possible to ask to get $2.5 million to get
affordable/supportive housing added to Parking Structure #3.
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Considerable discussion ensued on topics including, but not limited to:
funding neighborhood organizations; funding essential services for resident
needs; and, funding needs to be restored for the CREST and afterschool
programs.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to adopt the staff recommendation including to: not fund the three Planning
positions; give staff direction to use this money or other money, to give
nine months’ rent abatement for nonprofits who are City tenants; give six
months’ rent abatement for for-profit tenants on the Pier and other City
land; give three months’ rent abatement for the galleries; and add as one of
the City’s projects, plan for Permanent Supportive Housing at Parking
Structure 3 as one of the proposed projects for the federal earmarks
Congressman Lieu is carrying.
Councilmember McKeown proposed a friendly amendment to include an
affirmation of the Council’s desire for this year’s GSH money be put back
into the general fund and to give direction that Council’s intent and
expectation is that the previous year's money taken from the GSH will be
paid back as soon as possible. The amendment was considered friendly by
the maker.
Councilmember Parra proposed a friendly amendment to explore three to
six months’ rent abatement for all other galleries. The amendment was
considered friendly by the maker and the seconder.
The motion, with amendments 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 Brock, to
postpone Item 13.B. to the April 27th meeting, due to the lateness of this
meeting.
Councilmember de la Torre proposed a friendly amendment to open the
application process for two weeks. The amendment was considered
friendly by the maker and the seconder.
Mayor Pro Tem McCowan proposed an amendment to open the application
process for one week. The amendment was considered friendly by the
maker and the seconder.
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The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember McKeown
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
ZERO EMISSION
DELIVERY ZONE
13.A. Request of Mayor Pro Tempore McCowan and Councilmember
Davis that, to promote our community’s economic recovery and to help
local restaurants and businesses safely reach their customers, Council
direct staff to return on April 27 with an amendment to the remotely
controlled delivery device ordinance to allow remotely controlled
devices participating in the Zero Emission Delivery Zone program to
serve businesses in all parts of Santa Monica. Speed limits, weight
limits and other operational requirements that apply within the zone
should apply throughout Santa Monica, was presented.
Members of the public Zach Rash and Denise Barton, spoke on the
recommended action.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Davis, McKeown, Brock
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmembers Parra, de la Torre
ABSENT: None
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMITTEE
13.B. Appointments to the Public Safety Reform and Oversight
Committee, was continued to the April 27, 2021 council meeting as a 5-
Item; direction given to staff to reopen the application process for one
additional week.
PUBLIC INPUT: Members of the public Denise Barton commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:39 a.m. in
memory of Silvia Quintana.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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