m20211109.pdf 1 November 9, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 9, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:37 p.m.,
on Tuesday, November 9, 2021, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor
Gavin Newsome 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
Absent: Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:37 p.m., with all
members present except Councilmember Parra. Councilmember de la
Torre 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 5:41 p.m., to consider
closed sessions and returned at 7:17 p.m., with all members present except
Councilmember Parra, 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, Administrative Team
Associates v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1495-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 Gov. Code Section
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Councilmember de la Torre
was excused at 5:45 p.m.
Councilmember de la Torre
returned at 6:10 p.m.
54956.9(d)(1): Unfair Practice Charge, Administrative Team
Associates v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1507-M.
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): Oscar de la Torre, Elias Serna v. City of Santa
Monica, Los Angeles Superior Court, Case No. 21STCV08597.
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 Government Code
Section 54956.9(d)(1): Brian Conti Quirante, et al. v. City of Santa
Monica, et al., Los Angeles Superior Court, Case No. 20STCV17661.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.E. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Anthony Echevarria v. City of Santa Monica,
U.S. District Court Case No. 2:21-CV-05603-SVW (AGR).
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.F. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): Unfair Practice Charge, Municipal Employees
Association v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1510-M.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.G. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): River Lund v. City of Santa Monica, Los
Angeles Superior Court Case No. 20STCV23298.
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The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.H. 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.I. 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, was presented.
The Interim City Attorney reported that on July 23, 2021, the SMPOA filed
an Unfair Labor Practice charge with the California Public Employment
Relations Board ("PERB"). The charge alleges that the City had an
obligation under the state's Meyers-Milias-Brown Act to meet and confer
with the SMPOA prior to the City Council enacting Chapter 2.50 of the
Santa Monica Municipal Code, which established the Public Safety Reform
and Oversight Commission, and that the City failed to comply with this
obligation.
The SMPOA and the City have reached an agreement to settle this PERB
charge. Both sides agree that the City Council will consider at a future City
Council meeting, proposed amendments to Chapter 2.50 of the Santa
Monica Municipal Code. If the proposed changes are adopted, the PERB
complaint will be dismissed with prejudice. The proposed changes to the
Ordinance are intended to mainly clarify the Ordinance and in doing so,
they remove SMPOA's concerns raised in its PERB charge. Key proposed
changes to the Ordinance that the City Council will consider at a future
meeting:
• Ordinance Section 2.50.020(d) - allows for the addition of 1 ex
officio, non-voting, member to the Commission; the person has to
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be jointly recommended by Police Chief and SMPOA. If no
agreement between them, then the ex officio position is left vacant.
The person has to satisfy other commissioner requirements such as
not being a city employee, member of the Police Department.
• Ordinance Section 2.50.020(f) - makes some changes to SMPD
Community Academy training by Commissioners; changes the
Community Academy training deadline to 6 months; current
Commissioners have until May 31, 2022 to complete the training.
• Ordinance Section 2.50.030(a)(2) - clarifies that the Inspector
General may gather information regarding ongoing disciplinary
investigations but will not participate in them.
• Ordinance Section 2,50.030(a)(4) - clarifies that the Inspector
General may not disclose to the Commission or to third parties
SMPD disciplinary or personnel records except as permitted by
state or federal law.
• Ordinance Section 2.50.040(b) - clarifies that the Commission will
not participate in individual disciplinary investigations,
proceedings or actions or make recommendations about initiating
any individual disciplinary investigation, discipline or promotion.
However, the Commission may refer individuals to the SMPD so
that they can make complaints.
• Ordinance Section 2.50.040(d) — Commission can make
recommendations to the City Council regarding potential changes
to State or Federal law.
• Ordinance Section 2.50.050(a) - clarifies that the City's annual
budget, subject to City Council approval, shall contain funds for
the work of the Inspector General.
• Ordinance Section 2.50.070 - City Manager, Police Chief and
SMPOA are to be given 72-hour notice of written reports that the
Commission may be considering sending to the City Council.
• Ordinance Section 2.50.080(b) - Commission's initial
recommendations report shall also be provided to City Manager,
Police Chief and SMPOA at least 72 hours before the Commission
meeting at which they will be considered for adoption.
The settlement also calls for payment of $5,000 to SMPOA. If these
proposed changes to the Ordinance are adopted by the City Council, the
SMPOA will withdraw its PERB charge with prejudice. The City
Attorney’s Office recommended approval of the agreement, with terms.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to
approve Settlement No. 11223 (CCS) in the amount of $5,000, with terms.
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The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
1.J. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): NMS 1539, LLC et al. v. City of Santa Monica,
et al., Central District of California, Case 2:20-CV-11318; NMS 1539,
LLC et al. v. City of Santa Monica, et al., Los Angeles Superior Court,
Case No. 20STCP04004
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation designating November 14-20, 2021 as United
Against Hate Week in Santa Monica, was presented.
Member of the public Peerawat Prasatcharoen spoke on this item.
2.B. City Manager Report, was presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Patricia Hoffman and Denise Barton commented on
various Consent Calendar items.
At the request of Mayor Himmelrich, Item 3.G was removed from the
Consent Calendar.
At the request of Councilmember Brock, Item 3.C was removed from the
Consent Calendar.
Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan,
to approve the Consent Calendar except for Items 3.C and 3.G, 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
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
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NOISE MONITORING 3.A. Award Sole Source Agreement No. 11224 (CCS) for Noise
Monitoring System and Services to EMS Bruel & Kjaer Inc., DBA
Envirosuite, Inc., was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute an agreement with EMS Bruel & Kjaer Inc., DBA
Envirosuite, Inc. (“Envirosuite”) for an Aircraft Noise and Operations
Monitoring System (ANOMS) for the Public Works Department. This
recommended award is made as an exception to the competitive bidding
process pursuant to Section 2.24.250 (b) and is for a total amount not to
exceed $809,156 with future year funding contingent on Council budget
approval.
ASSET MANAGEMENT
SOFTWARE
3.B. Approval of Second Modification to Contract # 10916 (CCS)
with ProDIGIQ, Inc. for Real Estate and Asset Management Software,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement CCS#10916
with ProDIGIQ, Inc. (ProDIGIQ) in the amount of $72,000 for proprietary
and web-based comprehensive real estate and asset management
software for the Public Works Department. This will result in a five-
year amended agreement with a new total amount not to exceed $432,000,
with future year funding contingent on Council budget approval.
BUS ADVERTISING
SALES PROGRAM
3.D. Approve Extension of Department of Transportation
Memorandum of Understanding (MOU) No. 11225 (CCS) with Culver
CityBus for Management of Bus Advertising Sales Program, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to enter
a three-year Memorandum of Understanding (MOU) with the City of
Culver City to manage the bus advertising sales program for Culver
CityBus on behalf of the Santa Monica Department of Transportation. No
costs are associated with this program.
EV CHARGER
INFRASTRUCTURE
3.E. Authorization to Apply for Southern California Edison’s
Charge Ready Program to Fund EV Charger Infrastructure and
Installation, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the application to the Southern California Edison’s
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Charge Ready program for the installation of electric vehicle
charging infrastructure at Virginia Avenue Park, Gandara Park,
Clover Park, and Lot 7; and
2. Authorize the City Manager to negotiate and execute all necessary
documents to apply for the program and accept the rebates, if
awarded.
SECURITY SERVICES 3.F. Authorization of a Change Order to Purchase Order 22101027
with Universal Protection Service, LP dba Allied Universal Security
Services to Provide Services for the Public Works Department, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a change order to
purchase order #22101027 in the amount of $122,800 with
Universal Protection Service, LP dba Allied Universal Security
Services to provide security services for the Public Works
Department. This recommendation is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(g) and
would result in a revised purchase order total not to exceed
$242,800 with future year funding contingent on Council budget
approval; and
2. Approve a cumulative purchase order total for Universal Protection
Service, LP not to exceed $420,833 from December 1, 2018
through June 30, 2022.
MINUTES 3.H. Minutes of City Council - July 27, 2021, were approved.
MINUTES 3.I. Minutes of City Council - August 24, 2021, were approved
MINUTES 3.J. Minutes of City Council - September 14, 2021, were approved.
MINUTES 3.K. Approval of Minutes of City Council - October 26, 2021, were
approved.
RECORDS
MANAGEMENT
SOFTWARE
3.C. Award Bid to Versaterm Inc. Corporation for Police and Fire
Computer Aided Dispatch (CAD) and for Police Records Management
System (RMS) and Approval of First Modification to Cit Com
Agreement No. 11227 (CCS) for Software Implementation Services,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #PRJ0011672 to Versaterm Inc. Corporation
for software, licenses, and implementation and support services for
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a replacement Police and Fire Computer Aided Dispatch (CAD) and
Police Records Management System (RMS) for the Police and
Fire Departments.
2. Authorize the City Manager to negotiate and execute Agreement
No. 11226 (CCS) with Versaterm Corporation, in an amount not to
exceed $3,275,855 (including a contingency of $274,643) for
software implementation, for a total contract amount not to
exceed $5,212,702 (including years 1-5 of annual subscription &
licensing costs), with future year funding contingent on Council
budget approval.
3. Authorize the City Manager to negotiate and execute a first
modification to increase Agreement No. 11227 (CCS) in the amount
of $296,052 and extend the contract term by one additional year
with Cit Com for software implementation services. This will result
in a 3-year amended agreement with a new total amount not to
exceed $546,052.
Councilmember Brock pulled this item to question the bid process.
Motion by Councilmember Brock, seconded by Mayor Himmelrich, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
BOARDS AND
COMMISSIONS
3.G. Adoption of Resolution No. 11383 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS,
COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY BOARDS,
AND REPEALING RESOLUTION NUMBER 11338 (CCS)”, was approved.
Recommended Action
Staff recommends that the City Council adopt the attached Resolution
adding the proposed nepotism policy to the Resolution Establishing
Policies for City Boards, Commissions, Committees, Task Forces, and
Regional Advisory Boards, and repealing Resolution No. 11338 (CCS).
Mayor Himmelrich recused herself from this item 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 for this item to
be discussed.
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Mayor Himmelrich was
excused at 7:38 p.m.
Discussion and questions included, but not limited to: could applications
remain online after appointments; in 1.G., why is this this the only clause
being affected tonight, and how is legal status defined; question about
indefinite term limits; there needs to be term limit for Metropolitan Water
District and Vector Control appointees; 10.F. add all Regional board
appointments; the Nepotism policy should not take effect until the end of a
person’s current term end date; and consider adding an employee or
business partner to the definition of the nepotism policy.
Interim City Attorney explained that the only item to be considered tonight
is the Nepotism policy, as that was the only item listed on the agenda. If
the Council wants to bring back the full resolution at a future meeting, they
could give direction to staff in a separate vote.
Motion by Councilmember de la Torre, seconded by Councilmember
Davis, to approve the recommendation.
Councilmember Negrete, proposed a friendly amendment to amend the
motion to change the language to allow anyone currently serving on a
board, commission or task force, to be able to serve until their current term
expires. The motion was not considered friendly by the maker or seconder.
Substitute motion by Councilmember Negrete, seconded by
Councilmember Brock, to amend the resolution to allow anyone currently
serving on a board, commission or task force, to be able to serve until their
current term expires.
The motion failed by the following vote:
AYES: Councilmembers Negrete, Brock
NOES: Councilmembers Davis, de la Torre,
Mayor Pro Tem McCowan
ABSENT: Councilmember Parra, Mayor Himmelrich
The original motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
ORDINANCES:
SEWER CAPPING
7.A. Second Reading and Adoption of Ordinance No. 2684 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING SECTION 7.04.610 OF THE SANTA
MONICA MUNICIPAL CODE TO CLARIFY SEWER CAPPING
REQUIREMENTS”, was presented.
Recommended Action
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Mayor Himmelrich returned
at 8:16 p.m.
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember Brock, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
RECYCLING 7.B. Second Reading and Adoption of Ordinance No. 2685 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO ADD SECTION 5.46 OF THE SANTA MONICA
MUNICIPAL CODE TO ORGANICS RECYCLING REQUIREMENTS”, was
presented.
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
COUNCILMEMBER
DISCUSSION ITEMS:
LEADED FUEL
13.A. Request of Mayor Pro Tem McCowan and Councilmember
Davis that Council direct staff to take necessary steps to have the City
join in the recent petition filed by Earthjustice to urge the U.S.
Environmental Protection Agency (EPA) to initiate a nationwide ban
of leaded aviation gasoline and to appeal to the City’s congressional
representatives to advocate for the United States Department of
Transportation, Federal Aviation Administration and Environmental
Protection Agency to stop the sale of leaded aviation fuel and to
expedite the approval process for an alternative to the leaded aviation
fuel, was presented.
There was no one present for public comment.
Motion by Councilmember Negrete, seconded by Councilmember Brock,
to approve the recommendation. The motion was approved by the
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following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
BOARDS AND
COMMISSIONS
13.B. Request of Mayor Pro Tem McCowan and Councilmembers
Brock and Davis that the Council: 1) receive an update from the
Boards and Commission Ad hoc committee; 2) approve the
recommendation to add appointments to boards and commissions that
will not be impacted by consolidation or reorganization on the Nov.
23rd meeting. (This would include: ARB, Building and Fire Life
Safety, Audit, Housing, SMTT, Airport, and Rec and Park); 3) provide
feedback about reducing the Urban Forest Task Force membership
from 9 to 7 and the Arts Commission membership from 11 to 7; 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.
Questions asked and answered included: do we provide childcare for
members who want to participate; are we going to be able to remain
remote, because that may increase how and who participates; should boards
and commissions be able to submit recommendations to Council for
appointments; and can the amount of commissions remain, but maybe
reduce the amount of times they meet.
Members of the public Denise Barton and Olga Zurawaska spoke on the
recommended action.
Considerable discussion ensued on topics including, but not limited to:
support reducing the Arts Commission from 11 to 9 members, instead of
reducing it down to 7 members; whether or not commissioners should go
back to giving recommendations to Council on appointments; youth should
be voting members, with shorter terms, with the suggestion that maybe
reach out to SMC to get participants from their government or political
science classes or possibly creating a Youth Commission; look at how to
reduce staff participation in some boards and commissions, and to look at
the frequency of meetings; look at having non-staff run meetings for some
bodies; and, look into adding an employee, employer, or business partner to
the nepotism policy.
Direction to staff to included: surveying other city policies to possibly add
an employee, employer or business partner to the nepotism policy;
postpone the appointments to the next meeting with a full Council, which
will be the Dec. 7th; and, staff should work with the Mayor to create a letter
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to send out to all members who are not in compliance with the vaccination
mandate, to let them know that if they are not in compliance, they will no
longer be able to serve on a board, commission or task force.
Motion by Mayor Himmlerich, seconded by Councilmember Brock, to
approve the recommendation; approve reducing the Urban Forest Task
Force from 9 to 7 members, and reducing the Arts Commission from 11 to
9 members; schedule annual appointments (ARB, Building and Fire Life
Safety, Audit Subcommittee, Housing, SMTT, Airport and Rec and Parks
commissions) to the Dec. 7th meeting, and that all board and commission
members have to follow the city’s vaccination policy in order to remain.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
PUBLIC INPUT: Members of the public Denise Barton and Jonathan Foster commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:08 p.m. in
memory of Roger Thornton and Bill Beebe.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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