m20210914.pdf 1 September 14, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 14, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:37 p.m.,
on Tuesday, September 14, 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
Assistant City Clerk Nikima S. Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:37 p.m., with all
members present. Councilmember Davis led the assemblage in the Pledge
of Allegiance.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:42 p.m., to consider
closed sessions and returned at 8:15 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 – Anticipated Litigation –
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of
Government Code Section 54956.9 – 1 potential case.
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The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.C. Conference with real property negotiator – Government Code
Section 54956.8 -- Property: 875 square feet of public right-of-way
adjacent to 116 Fraser Avenue, Santa Monica, California; City
negotiator: Rick Valte, Acting Director of Public Works; Owner of
Record: City of Santa Monica; Person to be negotiated with: current
owner of 116 Fraser Avenue; Under negotiation: price and terms of
payment.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.D. Conference with Real Estate Negotiators -- Government Code
Section 54956.8: Property: Parking Area East/Airport Park Expansion
West (226,090 sf) and 3200 Airport Avenue (16,590 sf), Santa Monica,
California; City Negotiators: Jennifer Taylor, Economic Development
Manager, Stelios Makrides, Chief Operations Officer/Airport Director,
and Michael Polentz, Manatt Phelps; Owner of Record: City of Santa
Monica; Persons to be negotiated with: Angel City Football Club;
Under negotiation: Price and Terms of Payment for Ground Lease and
Building Lease.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.E. Conference with Labor Negotiators: 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.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.F. Public Employee Appointment: Title – City Attorney and
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Interim City Attorney
The Interim City Attorney advised this matter was not heard.
SPECIAL AGENDA
ITEMS:
2.A. Commendations: Santa Monica 10U All-Star Baseball Team,
was presented by Mayor Himmelrich.
2.B. Proclamation: Hispanic Heritage Month, was presented.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, Assistant City Clerk Nikima Newsome announced
that Council will receive no compensation for meeting as the
Redevelopment Successor Agency.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Teresa Marasco, Denise Barton, Olga Zurawska and
Trisha Crane commented on various Consent Calendar items.
At the request of Mayor Himmelrich, Item 3.C. was removed from the
Consent Calendar.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, to
approve the Consent Calendar except for Item 3.C, 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
BEACH BIKE PATH 3.A. Authorization to Reject Single Proposal for RFP #2447 for
Engineering Design Services for the Beach Bike Path Ramp
Connection to the Santa Monica Pier, was approved.
Recommended Action
Staff recommends that the City Council:
1. Reject the single proposal for Request for Proposals (RFP) #2447
for engineering design services for the Beach Bike Path Ramp
Connection to Santa Monica Pier Project for the Public Works
Department; and
2. Direct staff to reissue the RFP with a modified scope to obtain
proposals to provide professional design services for the Beach
Bike Path Ramp Connection to Santa Monica Pier Project.
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BID NO. 4414 3.B. Award Bid #4414 for Welding and Fabrication Services for
Refuse, Recycling, and Organics Containers, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4414 to Weldworx, Inc. for welding and fabrication
services for refuse, recycling, and organics containers for the Public
Works Department; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 11189 (CCS) with Weldworx, Inc., in a total amount not to
exceed $337,000 (including a $11,232 contingency) over a five-year
period, with future year funding contingent on Council budget
approval.
ASSISTANT CITY
MANAGER
3.D. Approval of Restoration of Assistant City Manager Position,
was approved.
Recommended Action
Staff recommends that the City Council approve the restoration of the
Assistant City Manager position to the City Manager’s Office.
MINUTES 3.E. Minutes of June 22, 2021 5:30 PM, were approved.
MINUTES 3.F. Minutes of September 8, 2021 6:30 PM, were approved.
COUNCIL RULES 3.C. Adoption of Resolution No. 11360 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE RULES OF ORDER AND PROCEDURE FOR THE
CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NUMBER 11172 (CCS)”, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached proposed
resolution amending the City Council’s Rules of Order and Procedure.
Mayor Himmelrich stated that she pulled Item 3.C from the Consent
Calendar to discuss aspects of the resolution that she does not agree with.
Discussion ensued on topics including, but not limited to striking the
portion of Rule 15(e) which caps the total amount of time that speakers can
speak; amending Rule 6(p) relating to Councilmember-requested items; and
amending Rule 15(d) relating to posted written comments.
Staff was directed to return to Council with a proposal for either having all
public comment at the beginning of the meeting, divided by agenda item or
retaining a system where there is general public comment at the beginning
of the meeting and then comment on particular agenda items as they are
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heard.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to
adopt the staff recommendation, as amended. 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 Himmelrich, seconded by Councilmember de la Torre, to
direct staff to explore a method of moving all public comment earlier in the
meeting in a way that will allow the public to be heard at an earlier time
and will allow us to conduct meetings more efficiently.
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ORDINANCES:
ZERO-EMISSION
DELIVERY ZONE
7.A. Introduction and First Reading of an Ordinance to Extend the
Autonomous Delivery Vehicle Moratorium Until December 31, 2022
and to Continue the Authorization of Remote Control Delivery Robots
as Part of the Zero-Emission Delivery Zone Pilot Program; and Update
on the Zero-Emission Delivery Pilot Program, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to execute an amendment to
Memorandum of Understanding (MOU) No. 11190 (CCS) between Los
Angeles Cleantech Incubator (LACI) and the City to extend the Zero
Emission Delivery Zone (ZEDZ) Pilot Program end date to December 31,
2022.
2. Introduce for first reading an ordinance amending Santa Monica
Municipal Code Section 3.12.1055, that established a moratorium on the
deployment and operation of autonomous delivery vehicles and allows the
operation of remote control delivery robots only as part of the ZEDZ Pilot
Program, to coincide with the new ZEDZ Pilot Program end date of
December 31, 2022.
3. Authorize the City Manager to execute an amendment the City’s
license agreement and software as service Agreement No. 11191 (CCS)
with Automotus to coincide with the new ZEDZ pilot program end date of
December 31, 2022.
Members of the public Zack Rasch, John Kolaski, Denise Barton and Suni
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Chung commented on the item.
Questions asked and answered of staff included: parking location for the
trucks; costs; can anything be done to convince delivery services to use
delivery methods with a lower carbon footprint; what is the current accident
rate; what is the average use per day/week for the robots; what is being
done to address data security concerns and how often does ISD audit their
compliance; how can other companies become a part of the pilot; and what
jobs can be created with the use of these delivery robots.
Considerable discussion ensued on topics including, but not limited to
concerns about the loss of jobs as well as creating opportunities for small
businesses.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to introduce and hold 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, Negrete, Brock, de la Torre
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
RENT ABATEMENT
PROGRAM
8.A. Approval of Proposed Amendments to City’s Rent Abatement
Program for City Tenants, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager or
designated staff to take the following actions regarding the adopted
COVID-19 Rent Abatement Program for commercial tenants in City-
owned properties:
1. Approve proposed amendments to the City’s Rent Abatement
Program criteria associated with actual demonstrated economic hardship.
2. Clarify tenancy requirements associated with the Rent Abatement
Program to ensure the funding directly supports tenants who continue to
lease or license City-owned property.
Member of the public Jonathan Foster commented on the item.
Questions asked and answered of staff included are airport artist tenants
able to participate in the rent abatement program; is 12-month tenancy
requirement for tenants of all City properties; are those tenants awaiting re-
negotiation of their leases eligible for the same terms; who were the
Bergamont tenants that weren’t already qualified for the abatement; is the
rent being negotiated going forward; and is transferring leases an option.
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Motion by Councilmember Davis, seconded by Councilmember Parra, to
adopt the staff 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
COUNCILMEMBER
DISCUSSION ITEMS:
LIBRARY BOARD
13.A. Recommendation to accept Arlene Hopkins's resignation from
the Santa Monica Library Board and authorize the City Clerk to
publish the vacancy, was presented.
There was no one present for public comment.
Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan , 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
BIG BLUE BUS 13.B. Request of Councilmembers Brock and de la Torre that Council
direct the City Manager to require that the Big Blue Bus either restore
the acceptance of cash payments on each Big Blue Bus or develop a
method for members of the public to buy TAP cards at convenient
locations throughout Santa Monica, was presented.
Members of the public Mark Verville, Tricia Crane, Olivia Landon,
Danielle Lopez, Bill David, Phyllis Dudek, and Cris McCleod spoke on the
recommended action.
Questions asked and answered of Councilmembers and staff included can
TAP cards be purchased at various locations other than at the Big Blue
Store; is there a help line that can be set up to assist customers; is the time
saved by not accepting cash being analyzed; what is the policy for
customers who do not have a TAP card; is the policy new due to COVID-
19; is there a cost to collect cash; is exact change considered contactless;
how do people who do not have access take the survey; and are the fare
boxes still on the buses.
Considerable discussion ensued on topics including, but not limited to
temporarily return to allowing cash fare on the Big Blue Bus and TAP
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cards be available at merchants throughout the City.
Councilmember Davis made a substitute motion to: 1. Direct staff to
reinforce the policy that non-payers can still ride. 2. Facilitate distribution
TAP cards more widely to as many people and as many ways as possible.
3. Consider other means of helping others to switch to paying TAP cards
or use other media and provide education to riders about their rights to ride
the bus and how to reload TAP cards.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
adopt 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
CITY ATTORNEY
RECRUITMENT
13.C. Request of Mayor Himmelrich that the Council: (1) receive an
update from the ad hoc committee formed to oversee the recruitment
of a new City Attorney; (2) provide feedback and direction to the ad
hoc committee relating to the update and the recruitment of a new City
Attorney; and (3) provide any additional recommendations and
direction related to the recruitment of a new City Attorney, was
presented.
Member of the public Denise Barton, spoke on the recommended action.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to
adopt the recommendation. 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
DOWNTOWN SANTA
MONICA
13.D. Request of Councilmember Brock that Council direct the City
Manager to have staff review safety and security measures for the
portion of downtown Santa Monica located between Ocean Avenue
and 5th Street, Wilshire to Colorado, and that this includes the
municipal parking garages and alleyways. It is imperative that the
viewpoint of the various stakeholders (merchants, property owners) be
heavily weighted in this discussion as we see the results of our efforts to
restore a clean and safe downtown, was presented.
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Members of the public Mark Verville, Barry Snell on behalf of Downtown
Santa Monica, Inc., Janet Morris, Peter Trinh, Laurie Shiffon, and John
Alle spoke on the recommended action.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to direct the City Manager to have staff review safety and security
measures for that portion of Downtown, taking into account the views of
the various stakeholders and then return to Council with a report. 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
NOISE/SANTA MONICA
PARKS
13.E. Request of Councilmembers Brock and Negrete that Council
direct the City Manager to return with a proposal for additional time
and place restrictions on amplified sound, whether from loudspeakers
or amplifiers, in Santa Monica Parks, was presented.
Members of the public Zina Josephs, David Frison, Diane Klein, Jerri
Calvin, and Kelly Thayer spoke on the recommended action.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to adopt the recommendation. 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
TRAFFIC CALMING
(Davis recused at 12:34 a.m.)
13.F. Request of Councilmember Brock that Council direct the City
Manager to have staff explore measures to calm traffic, reduce
accidents, and reduce speeding on Neilson Way and Barnard Way,
which measures may include the use of “speed humps” similar to the
traffic calming measure the City of Los Angeles is now using on Pacific
Avenue, directly south of Neilson Way. This request is presented based
on over 150 residents of the immediate neighborhood having signed a
petition requesting the urgent study of any and all measures that will
lead to a reduction in noise pollution and an enhancement of traffic
and pedestrian safety on both of these streets, was presented.
Councilmember Davis recused herself due to residing at the corner of
Neilson Way and Pacific Street.
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Member of the public Karen Blackman spoke on the recommended action.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to adopt the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Davis
AMICUS BRIEF
(Davis returned at 12:40
a.m).
13.G. Request of Mayor Himmelrich and Councilmember Davis that
Council direct staff to take necessary steps to have the City join in the
amicus brief to be filed by the City of Columbus, Ohio, and joined by a
large number of local governments across the country (draft brief
attached), to support the plaintiffs in their challenge to Mississippi’s
15-week abortion ban, in Dobbs v. Jackson Women’s Health
Organization, United States Supreme Court, Case No. 19-1392, was
presented.
There was no one present for public comment.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
adopt the recommendation. 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
PARKING CITATIONS 13.H. Request of Councilmembers Brock and De la Torre that
Council direct the City Manager to have staff act as follows with
respect only to parking citations issued by Santa Monica Parking
Officers for parking during the posted days and hours for street
sweeping during the period August 30 through September 3, 2021: if
the recipient of the citation, by no later than October 5, 2021, submits
to the City (either through the City’s website,
https://prdwmq.etimspayments.com/santamonica/dev/review.htm
(preferred), by letter, or by phone, 800-214-1526), a request for initial
review that affirmatively states that the recipient of the citation did not
receive notice of the beginning of weekly street sweeping during this
period and explains why (e.g., did not access social media or website
postings, did not see notice in newspaper, and did not otherwise learn
of the street sweeping), the City will cause the citation (whether
previously paid or not) to be dismissed based on a determination that
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extenuating circumstances make dismissal of the citation appropriate
in the interest of equity and justice, and a refund to be processed for a
citation that was previously paid, was presented.
There was no one present for public comment.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to adopt 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
Motion by Councilmember Davis, seconded by Councilmember Brock, to
direct staff to review its efforts on outreach and attempt to get more people
enrolled in city programs such as SM Alerts. 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
SANTA MONICA
UNIFIED SCHOOL
DISTRICT
13.I. Request of Mayor Himmelrich, Mayor Pro Tem McCowan, and
Councilmember Davis that Council adopt attached Resolution No.
11361 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE LOS ANGELES COUNTY
COMMITTEE ON SCHOOL DISTRICT ORGANIZATION DENY THE CITY
OF MALIBU UNIFICATION PETITION”, was presented.
There was no one present for public comment.
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to
adopt the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Parra, Davis, Negrete,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ABSTAIN: Councilmembers Brock and de la Torre
PUBLIC INPUT: Member of the public Jonathan Foster commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:03 a.m. in
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memory of Laurence Eubank.
ATTEST: APPROVED:
Nikima S. Newsome Sue Himmelrich
Assistant City Clerk Mayor
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