m20210928.pdf 1 September 28, 2021
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 28, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:31 p.m.,
on Tuesday, September 28, 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 (arrived at 5:35 p.m.)
Councilmember Oscar de la Torre (arrived at 5:35 p.m.)
Councilmember Christine Parra
Also Present: Interim City Manager John Jalili
Interim City Attorney George Cardona
Assistant City Clerk Nikima Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present except Councilmembers Negrete and de la Torre.
Councilmember Brock led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmembers Negrete and
de la Torre arrived at 5:35
p.m.
Members of the public, Dan Hall and John Katz commented on item 1.A.
On order of the Mayor, the City Council recessed at 5:39 p.m., to consider
closed sessions and returned at 6:58 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): Paul Veglia v. City of Santa Monica, Los
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Angeles Superior Court Case No. 21STCV33366.
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): Jennifer Ranney v. City of Santa Monica, Los
Angeles Superior Court, Case No. 19STCV06460.
The Interim City Attorney advised this was a personal injury case where
Ms. Ranney claims to have sustained significant 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 $120,000.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
approve Settlement No. 11193 (CCS), in the amount off $120,000. 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 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.
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SPECIAL AGENDA
ITEMS:
At this time the Mayor and Council said parting words to outgoing
Interim City Manager Jalili and Interim City Attorney Cardona.
2.A. City Manager's Report: Economic Recovery Update, 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.
No members of the public commented on Consent Calendar items.
At the request of Mayor Himmelrich, Item 3.A was removed from the
Consent Calendar.
Motion by Councilmember Brock, seconded by Mayor Himmelrich, to
approve the Consent Calendar except for Item 3.A, 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
TELECONFERENCE
MEETINGS
3.B. Adoption of Resolution No. 11362 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING FINDINGS AS REQUIRED BY AB361 TO
PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK
FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY
TELECONFERENCE WHILE THE COVID-19 EMERGENCY
REMAINS IN PLACE”, was approved.
Recommended Action
Staff recommends that Council adopt a resolution making the findings
required by AB 361 to continue teleconference meetings of the City
Council and City Boards, Commissions, and Task Forces after September
30, 2021.
BIG BLUE BUS 3.C. Approval of First Modification to Professional Services
Agreement No. 10951 (CCS) with Stantec Architecture, Inc. for the
BBB Charging Infrastructure Project, was approved.
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Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to professional services
agreement # 10951 (CCS), in the amount of $120,000 (including a 10%
contingency) with Stantec Architecture, Inc. for additional professional
design services to prepare 100-percent construction documents and provide
permitting services for the proposed vehicle charging infrastructure
outlined for implementation by 2026 in the Charging Infrastructure Plan as
phases 2,3, and 4, for the Public Works Department. This will result in a
four-year amended agreement with a new total amount not to exceed
$657,663, with future year funding contingent on Council budget approval.
OFF-LEASH DOG AREA 3.D. Adoption of Resolution No. 11363 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, DESIGNATING OFF-LEASH DOG AREAS,
DESIGNATING USE REQUIREMENTS, LIMITING THE NUMBER OF
DOGS AND ESTABLISHING HOURS OF USE”, was approved.
Recommended Action
Staff recommends that the City Council repeal Resolution #10244 (CCS)
and adopt the attached resolution to revise the City’s off-leash dog policy to
include a new off-leash dog area at Santa Monica’s Big Blue Bus property
located at 1620 6th Street.
BENEFITS
ADMINISTRATION
3.E. Award Professional Services Agreement No. 11190 (CCS) to
Alight-Hodges-Mace, LLC for Benefit Administration Platform, was
approved.
Recommended Action
Staff recommends that the City Council:
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.
RETENTION SCHEDULE 3.F. Adoption of Resolution No. 11364 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING A REVISED CITY-WIDE RECORDS
RETENTION SCHEDULE”, was approved.
Recommended Action
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Staff recommends that the City Council adopt the attached resolution
approving the revisions to the Annual City-wide Records Retention
Schedule (“Schedule”).
TRANSPORTATION
SERVICES
Mayor Himmelrich recused at
8:22 p.m.
3.A. Award RFP #285 and authorize the City Manager to negotiate
and execute Agreement No. 11191 (CCS) with Lyft, Inc. for Turnkey
Demand Response Transportation Services (MODE), was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 285 to Lyft, Inc., a California-based company, for
turnkey demand response transportation services (MODE).
2. Authorize the City Manager to negotiate and execute a contractual
service agreement with Lyft Inc., in an amount not to exceed
$1,492,696 for two (2) years, with three (3) additional one-year
renewal option(s) under the same terms and conditions for a total
amount not to exceed $3,600,000 over a 5-year period, with future
year funding contingent on Council budget approval.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
Mayor Himmelrich recused herself from this item to avoid any potential of
conflict of interest because her husband’s law firm represents Lyft, Inc.
Mayor Pro Tem McCowan took over running the meeting for this item to
be discussed.
Motion by Councilmember Davis, seconded by Councilmember Brock, to
approve item 3.A. The 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
ORDINANCES:
ZONING
Mayor Himmelrich returned
at 8:24 p.m.
7.A. Introduction and Adoption of Emergency Ordinance No. 2682
(CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING INTERIM ZONING REGULATIONS ESTABLISHED BY
EMERGENCY INTERIM ORDINANCE 2636 (CCS) AND EXTENDED
AND AMENDED BY EMERGENCY INTERIM ZONING
ORDINANCES 2658 AND 2667 (CCS) FOR ECONOMIC RECOVERY
OF THE BC (PROMENADE) DISTRICT AND THOSE PORTIONS OF
THE BC (2ND AND 4TH STREET) DISTRICT BOUNDED BY
SECOND STREET TO THE WEST, BROADWAY TO THE SOUTH,
4TH STREET TO THE EAST, AND WILSHIRE BOULEVARD TO THE
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NORTH TO INCORPORATE SHORT-TERM RECOMMENDATIONS
SET FORTH IN THE PROMENADE STABILIZATION AND
ECONOMIC VITALITY PLAN”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Introduce and adopt an Emergency Interim Ordinance amending
interim zoning regulations established by Emergency Interim Zoning
Ordinance Number 2636 (CCS) and extended by Emergency Interim
Zoning Ordinance Number 2658 (CCS) for supporting economic recovery
in the City’s BC (Promenade) District and those portions of the BC (2nd
and 4th Street) District Bounded by Second Street to the West, Broadway
to the South, 4th Street to the East, and Wilshire Boulevard to the North;
2. Provide Downtown Santa Monica, Inc. with greater authority and
opportunities to propel the economic recovery and vitality of key
downtown public spaces through public realm activation, as follows:
a. Authorize the City Manager or designated City staff to negotiate with
Downtown Santa Monica, Inc. on the frequency of use, permit fees, and
revenue share opportunities associated with the use of Lot 27 and Arizona
Avenue for community-serving events, as well as fees and revenue share
opportunities associated with the updated Promenade vending program.
b. Authorize the City Manager to develop and execute Restated Master
Services and License Agreement No. 11192 with Downtown Santa Monica,
Inc. as the mechanism to allow for the continued and expanded use and
programming of Arizona Avenue, Lot 27, and the Promenade for
community-serving events and activations.
3. Review and comment on recommendations from Downtown Santa
Monica Inc. on the Draft Third Street Promenade Stabilization and
Economic Vitality Plan, including comments provided by the Planning
Commission.
Members of the public Denny Zane, John Warfel, Mark Verville, Laurel
Rosen, Ellis Raskin, Jonathan Foster, Barbara Tenzer, Lauren Sasson, John
Alle, Juan Matute, Bill Davids, Janet Morris, Peter Trinh, Denise Barton,
Tricia Crane, Danielle Wilson, Bill Tucker, and Robert Resnick spoke
generally in opposition to the recommended action.
Questions asked and answered of staff included: are there any elements of
the item that could be delayed; why is a liquor store being proposed; where
does a hotel fit into this plan; is the end result of this is a vast change in the
Promenade; is the idea to push the AMC movie theater out with the
creation of a cultural center at that location, can the town square idea be
limited to certain evenings of the week; why isn't public safety number one
in the plan; how much discretion does the City have once these zoning
changes are made; where would the locations not allowed to have frontage
be allowed; how will loading be handled; is it possible to bring a substation
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back to the downtown area/Promenade; will outdoor dining become more
organized; will picnic tables be added to allow for a "food court"
experience; are we engaging with businesses to ensure venues with live
entertainment are not competing with other groups; is it possible to
implement pop-ups in the Promenade; what is the difference between a
convenience store and a liquor store; would commercial kitchens ever be
considered; is there a way to incentivize property owners to lease to smaller
businesses; how are we envisioning rooftop entertainment and businesses;
is the vision for the hotel one that will have a café that would open up to
the Promenade as they do in Europe; what was the public process for
vetting the plan; would veterinarians be able to hold rescue events on the
Promenade; is there talk about how to create a clean and safe environment;
are there any ideas that can be done immediately to refresh the Promenade;
would it be helpful to receive more help from Council in the form of an ad
hoc committee; is the plan to revamp (Capital Improvement) vs. refreshing
the Promenade; is there any reason to have any restrictions on the pet
services; and is the concern about convenience stores that the type of goods
sold cannot be limited or controlled.
Considerable discussion ensued on topics including, but not limited to:
making the Promenade more affordable and accessible for working class
families; how people can congregate in the area; some of the uses will not
bring the Promenade to economic vitality such as putting limitations on fast
food and implementing liquor stores, certain medical/dental offices, and pet
services; providing opportunities for new business options for landlords of
the Promenade; concerns about parking for a convention/conference center;
the need to be forward thinking in order to revitalize the area; and bringing
about spontaneous discovery to the Promenade.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
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
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
provide direction to staff to make sure that the City is holding up its end of
the bargain in making Santa Monica clean and safe including but not
limited to providing public safety personnel, public foot patrols, and any
other actions that would promote a safe and clean environment; study
circulation issues in the parking structures; and to find ways to engage
downtown business owners more in the processes. 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
STAFF
ADMINISTRATIVE
ITEMS:
INTERIM CITY
ATTORNEY
8.A. Appointment of Interim City Attorney, was presented.
Recommended Action
Staff recommends that Council:
1. Appoint Joseph P. Lawrence as Interim City Attorney; and,
2. Authorize the Mayor to execute Employment Agreement No. 11193
(CCS) with Mr. Lawrence for his service as Interim City Attorney.
No members of the public commented on item 8.A.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, 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:
PERSONNEL BOARD
13.A. Appointment to one unscheduled vacancy on the Personnel
Board for a term ending on 6/30/2025, was presented.
No members of the public commented on item 13.A.
On order of the Mayor, the floor was opened for nominations.
Councilmember Para nominated Jason Brown.
Mayor Himmelrich nominated Suzanne Barron.
Suzanne Barron was appointed to the Personnel Board for a term ending
June 30, 2025, by the following vote:
Brown: Councilmembers Parra, Brock, de la Torre
Barron: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan,
Mayor Himmelrich
PERSONNEL BOARD 13.B. Annual appointment to the Personnel Board for a term ending
June 30, 2026 was presented.
No members of the public commented on item 13.A.
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On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem McCowan nominated Jason Brown.
There being no other nominations, Jason Brown was unanimously
appointed by acclamation to the Personnel Board for a term ending June 30,
2026, with all members present.
WESTSIDE CITIES
COUNCIL OF
GOVERNMENTS
13.C. Request of Councilmember Brock that Council direct its
representatives to the Westside Cities Council of Governments
(“WSCCOG”) to seek a determination from the WSCCOG whether
the WSCCOG should join as a party in the lawsuit brought by the
Orange County Council of Governments (“OCCOG”) against the
California Department of Housing and Community Development
(“HCD”), OCCOG v. Velasquez, et al., Los Angeles Superior Court,
Case No. 21STCP01970, in which OCCOG alleges that HCD should be
required to recalculate the Regional Housing Needs Assessment
(“RHNA”) allocation to the Southern California Association of
Governments (“SCAG”) region for the 2021-2029 planning period
because HCD failed to comply with state statutes governing the
determination of the RHNA allocation, was presented.
Members of the public Mark Verville, Denise Barton, and Natalya
Zernitskaya, 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 Parra, Negrete, Brock, de la Torre,
Mayor Himmelrich
NOES: Councilmember Davis, Mayor Pro Tem McCowan
ABSENT: None
13.D. Request of Mayor Himmelrich and Councilmember De La
Torre that the City Council form an ad hoc committee of 2 or 3 council
members to study and make recommendations for the murals in the
lobby of City Hall. The ad hoc committee would act as liaisons and
advisors to the Landmarks Commission and would participate in the
Landmarks Commission’s discussions on topics concerning
contextualization of the murals, was presented.
Members of the public Ruthann Lehrer, Roger Genser, and Erika Leslie,
spoke on the recommended action.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, to adopt
the recommendation and to appoint Councilmembers de la Torre and Parra
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to the ad hoc committee. 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
PUBLIC INPUT: Members of the public Olga Zurawska, Jonathan Foster, and Denise Barton
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:50 a.m. in
memory of Rita Lowenthal.
ATTEST: APPROVED:
Nikima Newsome Sue Himmelrich
Assistant City Clerk Mayor
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