m20210824.pdf 1 August 24, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 24, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:32 p.m.,
on Tuesday, August 24, 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
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. Mayor Pro Tem McCowan led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS
There was no public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
closed sessions and returned at 7:31 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): Unfair Practice Charge, Santa Monica Police Officers
Association v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1535-M.
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 Government Code
Section 54956.9(d)(1): Jennifer Ranney v. City of Santa Monica, Los
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Angeles Superior Court, Case No. 19STCV06460.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.C. Conference with Labor Negotiator: Government Code Section
54957.6 -- Agency Designated Representatives: Chief People Officer
Lori Gentles and Laura Kalty, Outside Counsel, Liebert Cassidy
Whitmore; Bargaining Units: ATA-Administrative Team Associates;
IBT-California Teamsters Local 911; FEMA-Santa Monica Fire
Executive Management Association; FIRE-Santa Monica Firefighters
Local 1109 IAFF; MEA-Municipal Employees Association; MTA-
AFSCME Local 4819, Management Team Association; PALSSU-
Public Attorneys’ Legal Support Staff Union; PAU-Public Attorneys
Union; POA-Santa Monica Police Officer Association; SMART TD-
The International Association of Sheet Metal, Air, Rail, and
Transportation Division, Local 1785; STA-Supervisory Team
Associates; Coalition of Santa Monica City Employees.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.D. 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 UC Doe, et al. v. City of Santa
Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case
No. 20STCV44495; 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.
21SMCV01279; John HI Doe v. City of Santa Monica, Santa Monica
PAL, et al., Los Angeles Superior Court, Case No. 21STCV03145;
John Doe #11, et al. v. Santa Monica PAL, City of Santa Monica, et al.,
Los Angeles Superior Court, Case No. 21STCV07050; John Doe #17 v.
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Councilmember de la Torre
excused at 6:40 p.m.
City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior
Court, Case No. 21STCV07070; John Doe #18 v. City of Santa Monica,
Santa Monica PAL, et al., Los Angeles Superior Court, Case No.
21STCV08464; John Doe #19 v. City of Santa Monica, Santa Monica
PAL, et al., Los Angeles Superior Court, Case No. 21STCV13419;
John UH Doe, et al. v. City of Santa Monica, Santa Monica PAL, et al.,
Los Angeles Superior Court, Case No. 21STCV14884;
The Interim City Attorney advised in this matter sixty-one plaintiffs in
these nineteen complaints allege that they were sexually abused by Eric
Uller, a former City employee, between the late 1980s and early 2000s
while he was employed by the City and while the Plaintiffs were
participants in the Santa Monica Police Activities League (“PAL”) or in
sports or other activities conducted at or near PAL facilities. The
allegations of abuse range from single incidents of touching and fondling,
to multiple incidents of abuse occurring over extended periods of time and
including mutual masturbation and oral and anal copulation. Plaintiffs
contend that the City is responsible for the abuse based on allegations of
negligent hiring and supervision and failure to act on information
suggesting the abuse was ongoing. The City does not admit these
allegations, and has questions regarding the credibility of specific
allegations of abuse made by certain of the plaintiffs, but to avoid the
expense and burden of further litigation, the City Attorney’s Office
recommended a collective settlement with all 61 plaintiffs in the total
amount of $54,900,000 on terms under which: (1) The City will pay the
total amount of $54,900,000 into a qualified settlement fund by no later
than December 31, 2021; (2) Plaintiffs have retained a retired superior
court judge to determine the allocations from the qualified settlement fund
to individual plaintiffs; (3) the City may provide information regarding the
credibility of individual plaintiffs’ claims to plaintiffs’ counsel who may in
turn provide it to the retired superior court judge for consideration in
determining allocations to individual plaintiffs; and (4) the plaintiffs will
provide the City and PAL with full releases and dismiss all pending
complaints against the City and PAL.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
approve Settlement No. 11186 (CCS), in the amount of $54,900,000, with
terms. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
1.E. Conference with Legal Counsel – Anticipated Litigation –
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of
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Councilmember de la Torre
returned at 7:25 p.m.
Government Code Section 54956.9 – 1 potential case.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report: Federal Transit Administration
Review of Big Blue Bus, was presented.
2.B. City Manager's Report: Update on Covid Vaccinations for City
Employees, was presented.
Members of the public Monique Lukens and Robin Herman spoke on this
item.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Matt Stauffer, Denise Barton, and Ericka Leslie
commented on various Consent Calendar items.
Item 3.F. was removed from the agenda at the request of staff.
At the request of Councilmember de la Torre, Item 3.H. was pulled from
the Consent Calendar.
Motion by Councilmember de la Torre, seconded by Councilmember Parra,
to approve the Consent Calendar except for Items 3.F and 3.H., 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
VEHICLE PURCHASES 3.A. Authorization of Purchase Orders with Coastline Equipment,
CraneWorks Southwest, National Auto Fleet Group, and Nixon-Egli
Equipment for Vehicle Purchases for the Public Works Department,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a purchase order with
Coastline Equipment for the purchase of three John Deere 315SL
backhoes for the Public Works Department – Water Resources
Division. This recommended award is made as an exception to the
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competitive bidding process pursuant to Section 2.24.250(c) and is
for a total amount not to exceed $495,585;
2. Authorize the Procurement Manager to issue a purchase order with
CraneWorks Southwest, Inc. for the purchase of a Crane Truck for
the Public Works Department – Water Resources Division. This
recommended award is made as an exception to the competitive
bidding process pursuant to Section 2.24.250(c) and is for a total
amount not to exceed $206,140;
3. Authorize the Procurement Manager to issue a purchase order with
National Auto Fleet Group for the purchase of a Ford Transit CCTV
Truck for the Public Works Department – Water Resources
Division. This recommended award is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(c) and is
for a total amount not to exceed $271,590;
4. Authorize the Procurement Manager to issue a purchase order with
Nixon-Egli Equipment Co. for the purchase of three Truck Mounted
High-Pressure Sewer Cleaners for the Public Works Department –
Water Resources Division. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.250(c) and is for a total amount not to exceed $1,138,610; and
5. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
HVAC
MAINTENANCE/REPAIR
3.B. Award Bid to ACCO Engineered Systems, Inc. for Department
of Transportation HVAC Maintenance and Repair Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4407 to ACCO Engineered Systems, Inc. for
maintenance and repair of heating, ventilation and air conditioning
systems for the Department of Transportation Big Blue Bus (BBB)
Division;
2. Authorize the City Manager to negotiate and execute Agreement No.
11187 (CCS) with ACCO Engineered Systems, Inc., in an amount
not to exceed $514,800, including a $46,800 contingency, for a five-
year period with future year funding contingent on Council budget
approval.
ANNENBERG
COMMUNITY BEACH
HOUSE
3.C. Authorization to accept GRoW @ Annenberg Grant for the
Annenberg Community Beach House, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a restricted grant in the
amount of $25,000 from GRoW @ Annenberg for assistance in
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general operations and re-opening efforts at the Annenberg
Community Beach House in the Community Services Department.
2. Authorize the City Manager to execute all necessary documents to
accept the grant.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
BIG BLUE BUS 3.D. Authorization of Participation in LA Metro’s Fareless System
Initiative Pilot Program, was approved.
Recommended Action
Staff recommends that the City Council authorize the Department of
Transportation (DOT) Big Blue Bus (BBB) to participate in Phase I of LA
Metro’s proposed 18-month Fareless System Initiative Pilot Program.
Phase I includes providing free transportation to K-12 students and
Community College Students whose school districts and boards approve
participation in the LA Metro Pilot Program.
AFFORDABLE HOUSING 3.E. Adoption Resolution Nos. 11356 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE
HOUSING UNIT BASE FEE FOR NEW MARKET-RATE
MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA
MUNICIPAL CODE SECTION 9.64.070(B) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS” and 11357 (CCS)
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTOMATICALLY ADJUSTING THE
AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT
TO SANTA MONICA MUNICIPAL CODE SECTION 9.64.070(C)
BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND
COSTS”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached Resolution decreasing the Affordable Housing
Unit Base Fee by 2.7 percent for new market-rate apartments and
condominiums (Attachment A); and
2. Adopt the attached Resolution decreasing the Affordable Housing
Unit Development Cost by 2.7 percent (Attachment B).
BENEFITS 3.F. Award a Professional Services Agreement to Alight-Hodges-
Mace, LLC for Benefit Administration Platform, was pulled at the
request of staff.
Recommended Action
Staff recommends that the City Council:
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1. Award RFP to Alight - Hodges-Mace, LLC (“Alight”) for a benefits
administration system for the Human Resources Department;
2. Authorize the City Manager to negotiate and execute a three-year
agreement with Alight-Hodges-Mace, LLC, in an amount not to
exceed $508,935 (including one-time implementation costs), with
two additional one-year renewal option(s) in the amount of $168,720
per year, on the same terms and conditions for a total amount not to
exceed $846,375 over a five-year period, with future year funding
contingent on Council budget approval.
EMERGENCY
PROCLAMATION
3.G. Adoption of Resolution No. 11358 (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.
SALARY ADJUSTMENT 3.I. Adoption of Salary Resolution No. 11359 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING A SALARY RATE FOR MOTOR COACH
OPERATOR TRAINEE”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Salary
Resolution to provide an equity adjustment for the Motor Coach Operator
Trainee.
MINUTES 3.J. Minutes of Special City Council Meeting - June 15, 2021, were
approved.
MINUTES 3.K. Minutes of Regular City Council - Regular Meeting - July 14,
2015, were approved.
SANTA MONICA BLACK
LIVES ASSOCIATION
3.H. Authorization of Memorandum of Understanding No. 11188
(CCS) with the Santa Monica Black Lives Association to Support the
Wellbeing and Socioeconomic Needs of the Black Community, was
approved.
Recommended Action
Staff recommends that the City Council:
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1. Authorize the transfer of $100,000 in previously appropriated funds
from the General Fund to the Santa Monica Black Lives
Association for use to promote the wellbeing of the Black
community in Santa Monica and to address the health, wellness,
mental health, and socioeconomic needs of the Black community as
directed by Council on September 8, 2020; and
2. Authorize the City Manager to negotiate and execute a
memorandum of understanding with the Santa Monica Black Lives
Association to establish reporting requirements and the intended
uses of the funds.
Councilmember de la Torre pulled this item to ask questions of staff
including: why is this organization not being included in the grants cycle;
where does the funding come from; moving forward will this be part of the
grant process, or will they have to come back annually; what if they don’t
apply for grant funding, what will happen then; who is on this board, and
who will be making the decisions for this organization; what parameters are
going to be put in place to best support this organization; has seed money
been provided to other organizations, or does the Council have the option
to do this for other organizations; and, will the pathway be open going
forward to provide seed funding for other organizations.
Motion by Councilmember Brock, seconded by Councilmember Negrete 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
ORDINANCES:
NOISE CODE
7.A. Second Reading And Adoption Of Ordinance No. 2679 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING PROVISIONS IN ARTICLE 4 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO NOISE AND
TARGETED RESIDENTIAL PROTESTS TO PROMOTE THE PUBLIC
SAFETY AND WELFARE”, was presented.
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to adopt the ordinance, reading by title only and waiving further reading
thereof.
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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
PUBLIC ASSEMBLIES 7.B. Introduction and Adoption of Emergency Ordinance No. 2680
(CCS) 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: (1) one of the Councilmembers who voted in the
majority against adoption of a similar emergency ordinance on April 13,
2021 move for reconsideration pursuant to Council Rule 12(d); and (2) if
the motion for reconsideration is made, the 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.
Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to
move for reconsideration pursuant to Council Rule 12(d), by one of the
Councilmembers who voted in the majority against adoption of a similar
emergency ordinance on April 13, 2021.
Members of the public Denise Barton and Christina Sanchez spoke
to the recommended action.
Questions asked and answered of staff included: did the Police do anything
to the person who had a pitch fork at the peaceful protest in town recently,
and what would be different if this emergency ordinance is passed; if there
is a large event, and a large number of attendees have prohibitive items,
how will the Police engage; how can the Police ensure that this law is
applied fairly and non-discriminatory; why can’t the law be simplified to
just say, if you are here for a protest, here are the items you can have, why
is it necessary to include all of these exemptions; can the city communicate
the prohibited items; what ways was the intel different for the previous
protest than the intel for the events for this weekend; what would we do
different than the City of L.A., even though they had a similar law on the
books, and they have an outbreak of violence; cities that have these laws on
the books, is there any insight as to how intervention effects the level of
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violence; will the Police be searching people’s backpacks for prohibited
items randomly; is the Police seeing a different level of weapons at protest
in comparison to the past; and, how would the application of a 120 day
sunset affect the Police department.
Considerable discussion ensued on topics including, but not limited to:
concerns about constraints on people’s first amendment rights, especially
people of color; our Police realizes that there are sufficient laws on the
books to stop members of the public who are at protest to be violent; not
sure that this ordinance is going to be sufficient to stop those who truly are
coming to promote harm; these measures are meant to keep the peace in our
community; adopting this ordinance will show support to our Police and
provide them with the tools to keep our community safe; something to
think about should include looking at how some are using these events to
cause a distraction to do other violent acts; law enforcement needs to be
able to use preventive measures and be provided with the necessary tools to
keep the protestors and community safe; given the events that are going on
in the country right now, it is necessary to pass this ordinance to protect
visitors, residents, and our community from those who want to cause harm
to others.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to introduce and adopt at first reading the ordinance reading by title only
and waiving further reading thereof.
Mayor Pro Tem McCowan, proposed an amendment to sunset the
ordinance for 120 days and come back to review and introduce a permanent
ordinance. The motion was not considered friendly by the maker.
Mayor Pro Tem McCowan, proposed a different amendment to adopt the
emergency ordinance, with a sunset clause of 180 days, and direct staff to
return at an appointed time prior to February 28, 2022. The amendment
was considered friendly by the maker and seconder.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember Davis
ABSENT: None
RECESS On the order of the Mayor, Council recessed for a break at 9:54 p.m., and
reconvened at 10:11 p.m. with all members present.
DUMPING/PIER 7.C. Introduction and Adoption of Emergency Ordinance No. 2681
(CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY
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COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS
TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT
DUMPING OF COMMERCIAL TRASH IN CITY RECEPTACLES;
PROHIBIT DUMPING OF LIQUID WASTE ON PUBLIC RIGHTS OF
WAY, ON OR ONTO THE PIER OR BEACH, OR INTO STORM
DRAINS; AND PROHIBIT THE USE OF COMBUSTIBLE FUELS ON
AND IN CLOSE PROXIMITY TO THE SANTA MONICA PIER
WITHOUT A PERMIT”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency
ordinance adding sections to the Santa Monica Municipal Code to prohibit
dumping of commercial trash in City receptacles; dumping of liquid waste
on public rights of way, on or onto the Pier or Beach, or into storm drains;
and use of combustible fuels on or in close proximity to the Pier.
Members of the public Jim Harris, Randy Parent, Nick Ralston, and Misti
Kerns spoke to the recommended action.
Questions asked and answered of staff included: given the state law on
vending, how is this law enforceable and not in violation of the state’s
vending law; does our marine degradable container laws apply to vendors
as well; are the same Enforcement officers interacting with people, or is it a
different person each day; because these are going to be considered
Administrative citations, what will happen to repeat offenders; are some of
the materials used to clean up grease also harmful to the environment;
would providing more containers help provide a solution; what kind of
signage and messaging will be used to inform vendors of the new law;
would this enforcement apply citywide; what’s the definition of the radius
for combustibles around the Pier; for health and safety, is there anything in
place for the street vendors to legally dispose of waste and trash; what
would be the levels of enforcement after giving a citation; is theer a joint
record keeping between Code, Police and Fire when citations are given, and
does it include photos; who would be providing education to vendors, and
how would the education be delivered; and, what is the option to get
volunteers to disseminate the information to educate vendors of the
regulations.
Considerable discussion ensued on topics including, but not limited to, we
need to think about a better way to help move the street vendors to a safer
regulated way of doing business.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to introduce and adopt at first reading the ordinance reading by title
only and waiving further reading thereof.
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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
COUNCILMEMBER
DISCUSSION ITEMS:
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMITTEE
13.A. Appointments to two unscheduled vacancies on the Public
Safety Reform and Oversight Committee for terms ending 6/30/2022
and 6/30/2024, was presented.
There were no public speakers for this item.
On order of the Mayor, the floor was opened for nominations for the term
ending 6/30/2022.
Councilmember Davis nominated Marc Morgenstern
Councilmember Parra nominated Joseph Palazzolo
Mayor Himmelrich nominated Michele Wittig
Councilmember Negrete nominated Marlene Nord
No one received a majority by the following vote:
Morgenstern: Councilmember Davis, Mayor Pro Tem McCowan
Palazzolo: Councilmembers de la Torre, Brock, Parra
Wittig: Mayor Himmelrich
Nord: Councilmember Negrete
On order of the Mayor, the floor was opened for nominations for the term
ending 6/30/2022
Councilmember Davis nominated Marc Morgenstern
Councilmember Brock nominated Joseph Palazzolo
Mayor Himmelrich nominated Michele Wittig
Joseph Palazzolo was appointed to the Public Safety Reform and Oversight
Committee for a term ending June 30, 2022, by the following vote:
Morgenstern: Councilmember Davis, Mayor Pro Tem McCowan
Palazzolo: Councilmembers Parra, Negrete, Brock, de la Torre
Wittig: Mayor Himmelrich
On order of the Mayor, the floor was opened for nominations for the term
ending 6/30/2024.
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Mayor Himmelrich nominated Michele Wittig
Councilmember Negrete nominated Luis Ramirez
Councilmember Davis nominated Marc Morgenstern
Councilmember Brock nominated Jon-Patrick Allem
Luis Ramirez was appointed to the Public Safety Reform and Oversight
Committee for a term ending June 30, 2024, by the following vote:
Wittig: None
Ramirez: Councilmembers de la Torre, Brock, Negrete, Parra,
Mayor Himmelrich
Morgenstern: Councilmember Davis, Mayor Pro Tem McCowan
Allem: None
SANTA MONICA
LIBRARY BOARD
13.B. Annual appointment to the Santa Monica Library Board for a
term ending June 30, 2025, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Abby Arnold
Councilmember Parra nominated Paige Kelly
Councilmember Brock nominated Laurel Schmidt
Abby Arnold was appointed to the Santa Monica Library Board for a term
ending June 30, 2025, by the following vote:
Arnold: Councilmembers de la Torre, Negrete, Davis,
Mayor Pro Tem McCowan, Mayor Himmelrich
Kelly: Councilmember Parra
Schmidt: Councilmember Brock
AUDIT SUBCOMMITTEE 13.C. Appointment to one annual Councilmember vacancy on the
Audit Subcommittee for a term ending June 30, 2025, was presented.
The Mayor opened the floor to nominations.
Councilmember Brock volunteered to serve on the Audit Subcommittee.
There being no other nominations, Councilmember Brock was appointed to
the Audit Subcommittee for a term ending June 30, 2025, 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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ARTS COMMISSION 13.D. Recommendation to accept Rocio X Garcia's resignation from
the Arts Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to
accept the resignation with regret. 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
HOMELESSNESS AD
HOC
13.E. Request of Mayor Himmelrich, Mayor Pro Tem McCowan and
Councilmember Parra that the City Council form an ad hoc committee
of 3 council members to study and make recommendations for future
strategic investments that would advance the City’s Four Pillars
Strategy to Address Homelessness. The ad hoc committee would act as
liaisons and advisors to the Social Services Commission and would
participate in the Social Services Commission’s discussions on topics
such as behavioral health. Ad hoc committee recommendations would
inform priorities for allocating local funding, staffing capacity, and
opportunities to leverage non-City public and private resources. The
ad hoc committee recommendations would be timed to coincide with
the release of the results of the Homeless Count in Spring 2022, was
presented.
There was no public comment on this item.
Questions asked of and answered included, but not limited to: how will this
Ad hoc committee work with the Social Services commission, with
concerns about this not being a Brown Act body; how will the public be
kept informed about the work of the committee; who’s going to staff this
committee; and, would it be possible to have a member of the City
Attorney’s Office available for the meetings.
Mayor Pro Tem McCowan stated that she was willing to step down and
allow another Councilmember to serve on this ad hoc. Councilmembers
Brock, Negrete, and Parra expressed an interest in volunteering for this ad
hoc committee.
Motion by Councilmember de la Torre, seconded by Mayor Himmelrich, to
approve the recommendation to create an Ad hoc committee, with
Councilmembers Negrete, Parra and Brock.
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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
LABOR RELATIONS 13.F. Request of Councilmembers Davis, Brock and Mayor
Himmelrich that the City Council express its position that, to protect
the health and safety of both City employees and the public we serve,
absent legitimate medical or religious concerns, all City employees,
volunteers, and contractors should be required to be fully vaccinated
against COVID-19, was presented.
Members of the public Denise Barton, Dhun May, Melonie Wise, Zina
Josephs, and Kathy Knight, spoke on the recommended action.
Motion by Councilmember Davis, seconded by Councilmember Parra, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Parra, Davis, Brock,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember de la Torre
ABSENT: None
ABSTAIN: Councilmember Negrete
Councilmember de la Torre stated his no vote reflects his view of concerns
that the mandate violates people’s constitutional rights, concern for legal
liabilities for the city, would like to see more access and incentives for the
vaccines, but cannot support the mandate.
ZONING 13.G. Recommendation of Councilmembers Negrete, Davis, and
Parra, that Council direct staff to present to the Planning Commission
for initial consideration and then to the Council a text amendment to
the Zoning Ordinance to remove from SMMC Section 9.11.020, Land
Use Regulations – Commercial and Mixed-Use Corridor Districts and
SMMC Section 9.10.020, Land Use Regulations—Downtown Districts,
the requirement that a tattoo or body modification parlor obtain a
minor use permit in the MUBL, MUB, GC, NC, LT, NV, BC, TA, OT
and WT districts, and instead make this use a permitted use in the
MUBL, MUB, GC, NC, LT, NV, BC, TA, OT and WT districts, subject
to the special requirements set out in SMMC Section 9.31.230(C) , was
presented.
There was no public comment for this item.
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Motion by Councilmember Negrete, seconded by Councilmember Davis, 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
BOARDS AND
COMMISSIONS
13.H. Request of Mayor Pro Tem McCowan, Councilmember Davis,
and Councilmember Brock that the Council: 1) receive an update
from the Boards and Commissions Ad Hoc Committee; 2) provide
feedback to the Ad Hoc Committee relating to the update; and 3)
provide any additional recommendations related to the Ad Hoc
Committee’s continued work reviewing the City’s Boards and
Commissions procedures, was presented.
There was no public comment on this item.
Considerable discussion ensued on topics including, but not limited to: how
do we get more young people involved, look into forming a Youth
commission; disabilities should remain as a stand-alone because of the
issues that come up; special qualifications and requirements may be
required for some commissions; a better system if each Councilmember
would be responsible for making appointments to boards, commissions and
task forces instead of having one big pool; issues with maintaining all the
current bodies with the reduced resources; how can there be a way to form
a group that can meet all groups concerns and be more inclusive; create
opportunities to make sure that the commissions are current and meeting
the needs of current residents; create subcommittees to address a broader
range of issues as they come up; and, reimagine some commissions to be
more current and be more inclusive.
LATINO/HISPANIC
HERITAGE MONTH
13.I. Request of Councilmembers Brock and Parra that, to enhance
Latino/Hispanic heritage month and resident/family-focused
programming on the Santa Monica Pier, Council direct staff to: (1)
waive fees associated with the partial use of the parking lot on the
Santa Monica Pier to support the annual Santa Monica Classic Car
Show on the Santa Monica Pier scheduled for September 11, 2021 from
9-5 pm presented by the Pico Youth and Family Center; and (2)
allocate up to $5,000 of Council discretionary funds to reimburse the
Pico Youth and Family Center for documented expenditures to
support sound, entertainment, and promotional materials for this
event that will be free and open to the public, was presented.
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Councilmember de la Torre
excused at 12:54 a.m.
Councilmember de la Torre recused himself from this item to avoid a
potential conflict of interest because he is associated with Pico Youth and
Family Center.
There was no public comment on this item.
Motion by Mayor Himmelrich, seconded by Councilmember Parra, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
PUBLIC INPUT:
Councilmember de la Torre
returned at 1:03 a.m.
Members of the public Olivia Landon and Denise Barton commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:10 a.m. in
memory of Mary Ester Leyas, Belinda Vamos and Justin Paul McCowan.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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