m20210727.pdf 1 July 27, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 27, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m.,
on Tuesday, July 27, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at City
Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre (arrived at 5:40 p.m.)
Councilmember Christine Parra
Also Present: Interim City Manager John Jalili
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmember de la Torre. Councilmember
Brock led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember de la Torre
arrived at 5:40 p.m.
There was no public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:32 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 – Anticipated Litigation –
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): Internal Revenue Service Audit of City
Settlement Payments for the Years 2017-2019.
The Interim City Attorney advised the IRS has been auditing the City’s
settlement payments for the years 2017-2019. Though the majority of these
were for settlements of physical injury claims and not taxable to the
plaintiffs, the payments were often made jointly to the plaintiffs and their
attorneys, requiring the issuance of Form 1099s to the attorneys, which the
City generally did not do. As a result of the audit, the IRS initially sought to
impose back-up withholding taxes, penalties, and interest on all of the City’s
settlement payments from 2017 to 2019, a total amount conservatively
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estimated to be in excess of $3 million. After corrections to City procedures,
and the gathering of evidence by the City that the overwhelming majority of
attorneys paid taxes due on the portions of settlements that went to their
attorneys’ fees, the IRS has offered to resolve the audit with a proposed
assessment to the City of $116,468 relating to 11 particular settlements. The
City Attorney’s Office recommended settlement in this amount.
Motion by Councilmember Davis, seconded by Councilmember Brock, to
approve Settlement agreement No. 11184 (CCS), in the amount of $116,468.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Belet Lazar v. City of Santa Monica, LASC,
20STCV41479.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Bloem v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC673794.
The Interim City Attorney advised the Plaintiff alleges that a City RRR
truck was negligently driven when it backed into her while she was
crossing a street on February 24, 2017. Plaintiff alleges that as a result
she suffered a number of injuries, including a significant permanent hand
injury. The City does not admit these allegations, but to avoid the
expense and burden of further litigation, the City Attorney’s Office
recommended settlement in the amount of $175,000.
Motion by Mayor Pro Tem McCowan, seconded by Councilmember
Brock, to approve Settlement agreement No. 11185 (CCS), in the
amount of $175,000. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
1.D. Conference with Legal Counsel – Existing Litigation –
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Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Nemani v. City of Santa Monica, Los Angeles
Superior Court, Case No. 20STCV05201.
The Interim City Attorney advised the Plaintiff alleges that he suffered a
broken nose and head and back injuries when he tripped and fell over a
recessed sidewalk panel on January 3, 2019, at 2450 Broadway. The City
does not admit these allegations, but to avoid the expense and burden of
further litigation, the City Attorney’s Office recommended settlement in the
amount of $20,000.
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
approve Settlement No. 11174 (CCS) in the amount of $20,000, in the
motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem Davis, Mayor Himmelrich
NOES: None
ABSENT: None
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.
At the request of Councilmember Brock, Item 3.D. and Councilmember
Parra, Item 3.A. were removed from the Consent Calendar.
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis,
to approve the Consent Calendar except for Items 3.A and 3.D., reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
TRANSIT AND FIRE
REPAIRS
3.B. Award Bid and enter into Agreement No. 11176 (CCS) with
Cummins Inc. for Overhaul and Re-power of Cummins Engines, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4406-A to Cummins Inc. for engine repairs, repower, and
overhaul for transit buses for the Department of Transportation and
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Fire Department heavy-duty apparatus; and
2. Authorize the City Manager to negotiate and execute an agreement
with Cummins Inc., in an amount not to exceed $6,639,464 which
includes a $572,074 contingency over a five-year period, with future
year funding contingent on Council budget approval.
SIGNAL DETECTION 3.C. Award Bid #4416 and Approve Contract No. 11177 (CCS) with
KDC Inc., dba Dynalectric LA for the Multi-Modal Signal Detection
Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4416 to KDC Inc. DBA Dynalectric LA for
construction services for the Multi-Modal Signal Detection Project
for the Santa Monica Department of Transportation; and
2. Authorize the City Manager to negotiate and execute a contract with
KDC Inc. DBA Dynalectric LA in an amount not to exceed
$795,340 (including a 15% contingency).
PUMP RENTAL 3.E. Award Bid #4408 and enter into Agreement No. 11179 (CCS)
with Herc Rentals Inc. for Temporary Pump Rental, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4408 to Herc Rentals Inc. for rental of temporary water
and wastewater pumps and related parts for the Public Works
Department; and
2. Authorize the City Manager to negotiate and execute a contractual
services agreement with Herc Rentals Inc, in an amount not to
exceed $300,000 over five years, with an increase of no more than
2% each year, with future year funding contingent on Council
budget approval.
TRANSIT SOFTWARE 3.F. Approval of Second Modification to Contract No. 11180 (CCS)
with Trapeze Software Group for Vehicle Scheduling Support Services
for Transit Bus Service, was approved.
Recommended Action
Staff Recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to Agreement No. 11180
(CCS) in the amount of $280,000 with Trapeze Software Group for
scheduling support services. This modification will extend the term by two
years and will result in a three-year agreement, with a new total amount not
to exceed $371,600, with future year funding contingent on Council budget
approval.
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SALARY RATES 3.G. Adoption of Salary Resolution No. 11354 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW CLASSIFICATIONS AND
ADOPTING SALARY RATES FOR ASSISTANT DIRECTOR OF
DEPARTMENT OF TRANSPORTATION, DIRECTOR OF
DEPARTMENT OF TRANSPORTATION, AND TRANSIT VEHICLE
MAINTENANCE SUPERINTENDENT”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Salary
Resolution to establish new classification titles for Assistant Director of
Department of Transportation and Director of Department of
Transportation, and to restore the classification of Transit Vehicle
Maintenance Superintendent.
LANDFILL 3.H. Award RFP #289 and enter into Agreement No. 11181 (CCS)
with Montrose Environmental for Operation, Maintenance, and
Monitoring of the Landfill Gas Management System, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #289 to Montrose Environmental for the operation,
maintenance, and monitoring of the landfill gas extraction system
currently at the City’s Municipal Yard for the Public Works
Department; and
2. Authorize the City Manager to negotiate and execute an agreement
with Montrose Environmental, for a total amount not to exceed
$715,211 (including a $93,288 contingency) over a five-year period,
with future funding contingent on Council budget approval.
AFFORDABLE HOUSING 3.I. Adoption of Resolution No. 11353 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA
MONICA AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR LOCAL HOUSING TRUST FUND PROGRAM MATCHING
GRANT FUNDING,” was approved and adopted.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute
Memorandum of Understanding No. 11182 (CCS) with the Los
Angeles Homeless Services Authority to coordinate referrals
and local prioritization for Emergency Housing Vouchers;
2. Approve proposed revisions to the Housing Trust Fund
Guidelines regarding loan underwriting criteria for California’s
Local Housing Trust Fund program, to satisfy conditions of the
2020 funding award of $5 million for affordable housing
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development (Attachment A); and
3. Adopt the attached resolution authorizing the submission of an
application for the 2021 round of Local Housing Trust Fund
Program Matching Grant Funding (Attachment B).
MINUTES 3.J. Minutes for the City Council - Regular Meeting - June 8, 2021,
were approved.
MINUTES 3.K. Minutes for the City Council - Special Meeting - July 10, 2021,
were approved.
MINUTES 3.L. Minutes for the City Council - Regular and Special Meeting -
July 13, 2021, were approved.
MINUTES 3.M. Minutes for the City Council - Special Meeting - July 14, 2021,
were approved.
MINUTES 3.N. Minutes for the City Council - Special Meeting - July 22, 2021,
were approved.
SUSTAINABILITY
ENGAGEMENT
3.A. Award RFP #288 and enter into Agreement No. 11175 (CCS)
with Sustainable Works for Community Sustainability Engagement
Programs, was presented.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #288 to Sustainable Works, a project of Community
Partners, for the development and outreach of Santa Monica’s
Community Sustainability Programs for the Public Works
Department; and
2. Authorize the City Manager to negotiate and execute an agreement
with Sustainable Works, a project of Community Partners, for a
total amount not to exceed $740,000 over a five-year period, with
future funding contingent on Council budget approval.
Councilmember Para pulled this item to ask questions of staff why the
decision has been made to direct the consultant to work on the outline goals
and objects versus working towards meeting requirements of SB1383,
especially where multi-units are concerned and, can the consultant add in
some educational outreach to explain environmental justice.
Motion by Councilmember Parra, seconded by Councilmember Negrete, to
approve the recommendation.
The motion was approved by the following vote:
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AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ARCADIA WATER
TREATMENT PLANT
3.D. Approval of the Arcadia Water Treatment Plant Design/Build
Guaranteed Maximum Price Amendment, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a
Guaranteed Maximum Price amendment to Design-Build
Agreement No. 10981 (CCS) in an amount not to exceed
$72,443,424 (including 8% contingency) with Walsh
Construction Company II, LLC, for the construction phase of
the Olympic Well Field Restoration and Arcadia Water
Treatment Plant Expansion Project for the Public Works
Department for a new total amount not to exceed $78,016,425;
2. Authorize the Director of Public Works to issue any necessary
change orders and contract modifications to complete additional
work within the contract authority;
3. Award Request for Proposals #SP2602 to MNS Engineers Inc.,
for construction observation services for the Olympic Well Field
Restoration and Arcadia Water Treatment Plant Expansion
Project;
4. Authorize the City Manager to negotiate and execute Agreement
No. 11178 (CCS) with MNS Engineers Inc., in an amount not to
exceed $583,390 (including a 10% contingency);
5. Authorize the Director of Public Works to issue any necessary
modifications to complete additional work within contract
authority; and
6. Authorize the budget changes as outlined in the Financial
Impacts & Budget Actions section of this report.
Councilmember Brock pulled this item to ask questions of staff including:
what is the justification for the price competitiveness of the $72.4 million
design/build quote; what is the cost of issuing the bonds, and from what
budget will these cost be paid; was their an RFP for the bond issuance, or
was that necessary; do we have in house city staff that can provide
construction observation services; replacing outsourced water by 2023,
does that include any of the impacts of the RHNA state requirements for
new housing or will that be looked at later.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
approve the staff recommendation. The motion was approved by the
following vote:
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AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ORDINANCES:
COMMISSION ON
SUSTAINABILITY,
ENVIRONMENTAL
JUSTICE AND THE
ENVIRONMENT
7.A. Second Reading and Adoption Of Ordinance No. 2676 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CREATING THE COMMISSION ON
SUSTAINABILITY, ENVIRONMENTAL JUSTICE, AND THE
ENVIRONMENT; APPOINTING ALL CURRENT MEMBERS OF THE
SANTA MONICA TASK FORCE ON THE ENVIRONMENT TO THE
COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE,
AND THE ENVIRONMENT; AND SUNSETTING THE TASK FORCE
ON THE ENVIRONMENT UPON THIS ORDINANCE TAKING
EFFECT”, was presented.
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember de la
Torre, 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, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
AGENDA
MANAGEMENT
The Mayor announced that Councilmember Brock is pulling Item 13.O.
from this agenda and will bring it back at a later date.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to pull Item 13.O. from the agenda. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis,
to delay all appointments for 13.A., except Disabilities, Landmarks,
Planning, and Social Services, until the Ad Hoc committee comes back
with recommendations for consolidation. The motion was approved by the
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following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis,
to continue Items 13.B. through 13.E. and 13.H. The motion was approved
by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
NOISE ORDINANCE 7.B. Introduction and First Reading of an Ordinance Amending
SMMC Chapter on Noise, was presented.
Recommended Action
Staff recommends that City Council introduce for first reading the attached
ordinance, which would amend SMMC Chapter 4.12, Noise Ordinance,
and SMMC Section 4.08.790, Distance Restriction for Targeted Residential
Protests, to better protect the community’s health and welfare in
compliance with First Amendment requirements.
Members of the public Bert Champagne, Jonathan Foster, Thomas
Medrano, Danielle Wilson and Zina Josephs spoke to the recommended
action.
Questions asked and answered of staff included: who’s in charge of
approving community events; is there a way to allow protest between 7
a.m. and 8 a.m. on the weekends, with no amplification for a residential
neighborhood; with the 50 foot distance across the street, doesn’t that affect
the resident as well; how does enforcement know who the noise is being
targeted towards; how does this impact noise that is being made near a
school; why are parks, beaches and other provisions being included, when
initially this was only related to noise in a specific residential
neighborhood; what was the rationale for including beaches; are there any
other jurisdictions with these same limitations and have they been held up
constitutionally; define amplified and stationary equipment; is the only
change that people could protest for two nights from 8pm to 10pm, but then
on the third night, they would be limited to 45 minutes; does this apply to
amplified music on the beach during the day; if someone wanted to put on a
concert every night, in their driveway, would these limits apply; if someone
wanted to protest in front of a Councilmember’s house every day for 5
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years, they could for 45 minutes a day; what if somebody schedules a
protest, but it’s not the targeted residential protest, do these regulations
apply; if your neighbor is making noise, then would the decimal levels
apply, but if it is a targeted residential protest, then these restrictions would
apply; how can this be made easier for residents, Police and protestors to
understand; how do we deal with the targeted residential matter, it seems
very objective; what happens to the ordinance if targeted residential is
removed; and, are the Pier and Promenade exempted from this ordinance.
The Interim City Attorney presented his understanding of the amendments
being proposed to get clarification. Those amendments are: Page 10-B.5.a.
eliminating the addition of on weekdays or 8 am and 10 pm on weekdays,
to just say on weekends, between the hours of 7 am and 10 pm.
Councilmember de la Torre, seconded by Councilmember Brock, to direct
staff to come back with modified ordinance that will allow protest, but
prohibit amplified noise between the hours and 7 am and 8 am on
weekends in residential areas.
Councilmember Brock withdrew his second.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to introduce and hold first reading of the ordinance, as proposed
reading by title only and waiving further reading thereof.
Mayor Himmelrich proposed a friendly amendment to allow the exemption
to allow activities in commercial areas starting at 7 am. The motion was
approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
LIBRARY BONDS 7.C. Introduction and Adoption of Ordinance No. 2677 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SETTING THE FY 2021/22 TAX RATE FOR THE
LIBRARY GENERAL OBLIGATION BONDS”, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached ordinance
(Attachment A) setting the FY 2021-22 tax rate for the 2012 Library
General Obligation Bonds.
There was no public comment on this item.
Motion by Councilmember Davis, seconded by Councilmember Parra, to
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introduce and 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, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ZONING 7.D. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2678 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM
ZONING ORDINANCE NUMBER 2674 (CCS) AUTHORIZING
TEMPORARY USE OF PRIVATE OUTDOOR SPACE; TEMPORARY
PERMITTED USES FOR EMERGENCY SHELTERS, PUBLIC SAFETY
FACILITIES, AND DRIVE-THROUGH FACILITIES FOR COVID-19
TESTING AND VACCINATION PURPOSES; AND FLEXIBILITY IN
ISSUANCE OF TEMPORARY USE PERMITS AND ALCOHOLIC
BEVERAGE SALES”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency
Interim Zoning Ordinance extending interim zoning regulations established
pursuant to Emergency Interim Zoning Ordinance 2674 (CCS) for
temporary outdoor use of private property for commercial activity and
zoning changes necessary for continued emergency response and economic
recovery.
There was no public comment on this item.
Questions asked and answered of staff included, what methods are being
taken to extend this program to other businesses that are not necessarily
restaurants and are we moving towards a permanent parklet program.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to introduce and adopt the ordinance reading by title only and waiving
further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
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STAFF
ADMINISTRATIVE
ITEMS:
WATER BONDS
8.A. Adoption of Resolution No. 11355 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY
THE CITY OF AN INDENTURE, A BOND PURCHASE AGREEMENT
AND A CONTINUING DISCLOSURE CERTIFICATE IN
CONNECTION WITH THE ISSUANCE OF CITY OF SANTA MONICA
WATER ENTERPRISE REVENUE BONDS, SERIES 2021,
APPROVING THE ISSUANCE OF SUCH BONDS IN AN
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$78,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL
STATEMENT IN CONNECTION WITH THE OFFERING AND SALE
OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF
NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED
ACTIONS”, was presented.
Recommended Actions
Staff recommends that the City Council:
1. Adopt the attached Resolution Authorizing Issuance of Water
Enterprise Revenue Bonds, Series 2021 (Attachment A), and
approve the related documents required for the Issuance of Water
Enterprise Revenue Bonds, Series 2021 (Attachments B, C, D, and
E).
Staff reported that the maturity date should be corrected in the resolution
from July to August 1, 2051
There was no public comment on this item.
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
adopt the recommendation, with modifications proposed by staff. The
motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
RECESS On order of the Mayor, Council took a break and recessed at 9:12 p.m. and
reconvened at 9:18 p.m.
CITY MANAGER 8.B. Approval of Employment Agreement No. 11183 (CCS) with
David White for Service as City Manager, was presented.
Recommended Action
Staff recommends that Council: (1) approve the employment agreement
with David White for his service as City Manager, beginning effective
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October 11, 2021; and (2) authorize the Mayor to sign the employment
agreement on behalf of the City.
Member of the public Denise Barton spoke on the recommended action.
Question asked and answered of staff included, is the pay in accordance
with cities that are similar to Santa Monica.
Motion by Councilmember Davis, seconded by Councilmember de la
Torre, to approve the recommended action. The motion was approved by
the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
ANNUAL
APPOINTMENTS
13.A. Annual Appointments to Boards and Commissions for terms
ending June 30, 2020 and June 30, 2021, was continued to a future date,
with the exception of Disabilities Commission, Landmarks Commission,
Planning Commission, and Social Services Commission.
There was no public comment on this item.
Board/Commission Number of
Appointments
Term
End Date
Requirements
Airport Commission 1 6/30/2025 Santa Monica
Resident
Architectural Review
Board
2 6/30/2025 -
Arts Commission 2 6/30/2025 Work or Reside in
Santa Monica
Audit Subcommittee 1 6/30/2025 Santa Monica
Resident
Building and Fire-Life
Safety Commission
1 6/30/2025 State of California
Licensed or
Registered
Architect
2 6/30/2025 -
Commission for the
Senior
Community
2 6/30/2024 Santa Monica
Resident; Over the
Age of 60 (2)
2 6/30/2025
Commission on the 2 6/30/2024 Santa Monica
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Status of Women Resident
3 6/30/2025
Housing Commission 2 6/30/2023 Santa Monica
Resident and
Section 8
Member. One
Section 8
Member must
be 62 years of
age or older.
2 6/30/2025 Santa Monica
Resident
Personnel Board 1 6/30/2026 Santa Monica
Resident
Recreation and Parks
Commission
1 6/30/2025 Santa Monica
Resident
Santa Monica Library
Board
1 6/30/2025 Santa Monica
Resident
Santa Monica Travel
and
Tourism, Inc.
2 6/30/2025 -
Urban Forest Task Force 9 6/30/2023 Santa Monica
Resident or
Persons who do
Business or are
Employed in the
City of Santa
Monica
DISABILITIES
COMMISSION
13.A. Appointment of three seats for the Disabilities Commission for a
term ending June 30, 2024 and three seats for a term ending June 30,
2025, was presented.
The Mayor opened the floor for nominations.
Councilmember Davis, nominated Nanci Linke-Ellis for reappointment
Mayor Himmelrich, nominated Nasreen Asaria and Matthew Susman for a
term ended June 30 2024.
Mayor Himmelrich, nominated Caron Block, Carolyn Charles and Evan
Nicholas for a term ending June 30, 2025.
There being no other nominations, Nanci Linke-Ellis, Nasreen Asaria, and
Matthew Susman were appointed to the Disabilities Commission for a term
ending June 30, 2024, and Caron Block, Carolyn Charles, and Evan
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Nicholas were appointed to the Disabilities Commission for a term ending
June 30, 2025, by the following unanimous vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
LANDMARKS
COMMISSION
13.A. Appointment of two seats for the Landmarks Commission for a
term ending June 30, 2025, was presented.
The Mayor opened the floor for nominations.
Councilmember Brock, nominated Gloria Garvin and Amy Green.
There being no other nominations, Gloria Garvin and Amy Green were
appointed to the Landmarks Commission for a term ending June 30, 2025,
by the following unanimous vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PLANNING
COMMISSION
13.A. Appointment of one seat to the Planning Commission for a term
ending June 30, 2025, was presented.
The Mayor opened the floor for nominations.
Councilmember Davis, nominated Elisa Paster for reappointment
There being no other nominations, Elisa Paster was reappointed to the
Planning Commission for a term ending June 30, 2025, by the following
unanimous vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SOCIAL SERVICES
COMMISSION
13.A. Appointment of two seats for the Disabilities Commission for a
term ending June 30, 2024 and two seats for a term ending June 30,
2025, was presented.
The Mayor opened the floor for nominations.
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Mayor Himmelrich nominated Kay Ambriz for the term ending June 2024.
Councilmember Davis nominated Ellen Sloan for the term ending June
2024.
Mayor Himmelrich nominated Brian Stedge-Stroud for a term ending June
2025.
Councilmember Negrete nominated Tamara Kagel for a term ending June
2025.
There being no other nominations, Kay Ambriz and Ellen Sloan were
appointed to the Social Services Commission for a term ending June 30,
2024, and Brian Stedge-Strroud and Tamara Kagel were appointed to the
Social Services Commission for a term ending Junee 30, 2025, by the
following unanimous vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ARTS COMMISSION 13.B. Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on 6/30/2024, was continued.
BUILDING AND FIRE-
LIFE SAFETY
COMMISSION
13.C. Appointments to two unscheduled vacancies on the Building
and Fire-Life Safety Commission for terms ending on 6/30/2024, was
continued.
CLEAN BEACHES AND
OCEAN PARCEL TAX
CITIZENS OVERSIGHT
COMMITTEE
13.D. Appointment to one unscheduled vacancy on the Clean Beaches
and Ocean Parcel Tax Citizens Oversight Committee for a term ending
on 6/30/2022, was continued.
COMMISSION FOR THE
SENIOR COMMUNITY
13.E. Appointment to two unscheduled vacancies on the Commission
for the Senior Community for terms ending 6/30/2022 and 6/30/2023,
was continued.
DISABILITIES
COMMISSION
13.F. Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending on 6/30/2022¸was presented.
On order of the Mayor, this item was continued to a later meeting, due to
their being no applicants.
SOCIAL SERVICES
COMMISSION
13.G. Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending on 6/30/2022, was presented.
On order of the Mayor, the floor was opened for nominations.
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Mayor Pro Tem McCowan nominated Marie Manvel.
There being no other nominations, Marie Manvel was appointed to the
Social Services Commission for a term ending June 30, 2022, by the
following unanimous vote:
AYES: Councilmembers de la Torre, Brock Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
AUDIT SUBCOMMITTEE 13.H. Appointment to one annual Councilmember vacancy on the
Audit Subcommittee for a term ending June 30, 2025, was continued.
CLEAN POWER
ALLIANCE
13.I. Request of Mayor Himmelrich that the Council designate one
representative to serve as a director of the Board of Clean Power
Alliance. The Joint Powers Authority requires each Party of the
governing body to appoint and designate in writing one regular
Director who shall be authorized to act for and on behalf of the Party
on matters within the powers of the Authority. The person appointed
and designated as the Director shall be an elected or appointed
member of the governing body of the Party, was presented.
There was no public comment on this item.
Motion by Mayor Pro Tem Mc Cowan, seconded by Mayor Himmelrich, to
nominate Councilmember Davis.
Councilmember Davis was appointed by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
WESTSIDE CITIES
COUNCIL OF
GOVERNMENTS
13.J. Request of Mayor Himmelrich to appoint a Councilmember as
a Governing Board Representative to the Westside Cities Council of
Governments (COG) and designate an Alternate Governing Board
Representative. The Joint Powers Authority and By-laws require each
City Council to designate one of its Councilmembers as a Governing
Board Representative and one Councilmember as an Alternate
Governing Board Representative, was presented.
There was no public comment on this item.
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Mayor Himmelrich volunteered to be the designate
Councilmember Brock volunteered to be the alternate
There being no other nominations, Mayor Himmelrich and Councilmember
Brock will serve as representatives for the City of Santa Monica on the
Westside Cities Council of Governments (COG). The appointments were
approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SOCIAL SERVICES
COMMISSION
13.K. Recommendation to accept Nancy Coleman's resignation from
the Social Services Commission and authorize the City Clerk to
publish the vacancy, was presented.
There was no public comment on this item.
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to
accept the resignation with regret.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
BOARDS AND
COMMISSIONS
13.L. Request from Mayor Pro Tem McCowan, Councilmembers
Brock and Davis as the Council’s B&C Ad Hoc Committee, to direct
staff to come back with updates to the Boards/Commission/Task Force
procedures to add new policies regarding Chair terms, Nepotism for
appointments, and Council liaisons, was presented.
Recommendations include:
Chair terms
• Limit Chair terms to 2 years maximum, rotating by election
Develop a Nepotism policy
• A person cannot serve on a city board/commission/task force if you
are a close family member (spouse/partner, siblings, children or
parents) of a seating Councilmember.
Council Liaisons
• Council liaisons would be limited to serve on a maximum of two
commissions a year. Meeting attendance is not required, but
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Mayor Himmelrich excused
at 9:44 p.m.
Mayor Himmelrich returned
at 9:56 p.m.
members would serve as an Advisor to the Commission and be
available to the Chair as needed. (liaisons may not participate in
discussion regarding any matter that will be subject to a potential
appeal to Council acting in its quasi-adjudicatory role.)
Mayor Himmelrich recused herself from this item on the discussion about
nepotism to avoid any potential of conflict of interest because her husband
is currently serving as a Housing Commissioner.
Mayor Pro Tem McCowan took over running the meeting and removed the
nepotism portion of this item to be discussed.
Member of the public Denise Barton, spoke on the recommended action.
Questions asked and answered on nepotism included, how soon would it be
before this policy took affect and would a member have to resign from their
current board/commission immediately or after their term expires.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to direct staff to develop a nepotism policy that a person cannot serve on a
city board/commission/task force if you are a close family member
(spouse/partner, siblings, children or parents) of a seating Councilmember,
and this would go into affect immediately after the policy is adopted.
Councilmember Brock proposed an amendment to allow people who are
serving to finish their term, but not be allowed to apply again. The motion
was not considered friendly by the maker and seconder.
Substitute motion by Councilmember Brock, that current members terms
expire at the end of their current term, and they would not be able to
reapply, and the nepotism policy would apply at the end of their current
term.
The motion original motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
Mayor Himmelrich returned at rejoin as the Mayor.
Questions asked and answered included, is there any data collection on the
past appointments to see where the gaps are missing with regards to
experience, diversity, inclusion, and outreach.
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Motion by Councilmember Brock, seconded by Councilmember Davis, to
approve the Chair terms and Council liaisons as recommended by the Ad
Hoc committee.
The Interim City Attorney asked for clarification on the Chair term limits.
The Ad Hoc confirmed that the Chair term limits would be for two years
over a two-term period, by rotating election. Also, approve the Council
liaisons, however, all quasi-judicial bodies would be exempt.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
AB 832 13.M. Request of Mayor Himmelrich that the Council approve
allocation of discretionary funds up to $25,000 to fund the mailing
and/or delivery to landlords and tenants in Santa Monica with
notification of the requirements and obligations set forth in AB 832 (as
enacted in 2021) for rent assistance and eviction protections, was
presented.
Questions asked and answered of staff included: are other means of
messaging and outreaching to the public, other than mail and doorhangers;
and, how much money is left in the Council contingency fund.
There was no public comment on this item.
Considerable discussion ensued on topics including, but not limited to: for
messaging and information purposes, more social media, CityTV scrolling,
and using other means for messaging, including providing information
through local food providers and the schools.
Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to
approve the recommendation.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
LEAGUE OF
CALIFORNIA CITIES
13.N. Designation of voting delegate and alternate(s) for the League of
California Cities Annual Conference and Business Meeting, to be held
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September 22-24, 2021, in Sacramento, California, was presented.
There was no public comment on this item.
Councilmember Negrete volunteered, along with Councilmember de la
Torre, to serve as the City’s designating voting delegate and alternate at the
League’s September 2021 conference.
LOS ANGELES COUNTY
DISTRICT ATTORNEY
13.O. Request of Councilmember Brock that the City Council adopt
the attached resolution requesting that the Office of the Los Angeles
County District Attorney uphold the laws of the State of California and
rescind its Special Directives 20-06, 20-07, and 20-08, was removed by
the requestor.
PUBLIC INPUT: Members of the public Jonathan Foster and Karen Rosenberry commented
on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:36 p.m.
in memory of James Reidy and Guido Lamell.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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