m20220111 1 January 11, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 11, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:31 p.m., on
Tuesday, January 11, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin
Newsome at https://primetime.bluejeans.com/a2m/live-event/pfqutucg
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: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE
On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present.
CLOSED SESSIONS
Councilmember de la
Torre was excused at
5:37 p.m.
Councilmember de la
Torre returned at 5:50
p.m.
No members of the public provide 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 7:35 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):
Barbara Williams v. City of Santa Monica, Los Angeles Superior Court,
Case No. BC701903
The Interim City Attorney advised this lawsuit arose out of an incident that
occurred on November 10, 2017, when plaintiff, Barbara Williams, then age 52,
tripped on a parkway tree root after exiting her vehicle near 212 San Vicente
Blvd. Ms. Williams claims significant injuries and damages including a
concussion, traumatic brain injury, back pain with epidural injections, and
permanent facial scarring. Her medical bills to date exceed $32,000. Plaintiff’s
initial demand was for $2.1Million.
There have been multiple mediations. Following the latest mediation, the
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Councilmember Parra
was excused at 7:30
p.m.
mediator made a mediator’s proposal in the amount of $320,000. Plaintiff has
agreed to accept the proposal conditional upon City Council approval. The City
Attorney’s Office recommended the Council approve a settlement in the amount
of $320,000.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to approve
Settlement Agreement No. 11231 (CCS), in the amount of $320,000. 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.B. 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 Firefighters Association, Local 1109 v. City
of Santa Monica, Public Employment Relations Board, Case No. LA-CE-
1514-M.
The Interim City Attorney advised this matter involved Santa Monica
Firefighters Association Local 1109 filed an unfair labor practice charge with the
Public Employee Relations Board (PERB) alleging that the City made a
unilateral change in benefits in violation of the Meyers Milias Brown Act
(MMBA) by changing the past practice of accrual and use of compensatory time
off (aka “ATO”) without first meeting and conferring with the union. The parties
have reached a settlement, in which the City has agreed to (1) withdraw the
memo that changed the ATO practice, (2) modify the MOU to increase the
maximum accrual of ATO for one calendar year, and (3) pay Local 1109
$10,000 in attorneys’ fees and costs. The City Attorney’s Office recommended
the Council approve the settlement terms.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
approve Settlement agreement No. 11232 (CCS), in the amount of $10,000, with
terms. 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
1.C. Conference with Legal Counsel – Existing Litigation – Litigation has
been initiated formally pursuant to Government Code Section
54956.9(d)(1): Santa Monica Bayside Owners Association v. City of Santa
Monica and the California Coastal Commission, Los Angeles Superior
Court 21SMCP00269
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Councilmember Parra
returned at 7:40 p.m.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.D. Conference with Real Estate Negotiator pursuant to Government
Code Section 54956.8: Property: 3021 Airport Avenue (~90,000 sf) and 3025
Airport Avenue (~7,000 sf), Santa Monica, California; City Negotiators:
Stelios Makrides, Chief Operations Officer/Airport Director and Jennifer
Taylor, Economic Development Manager; Owner of Record: City of Santa
Monica; Persons to be negotiated with Monolith Studios; Under
negotiation: Ground Lease and Building Lease Terms
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): Oscar de la Torre 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.F. Conference with Legal Counsel – Existing Litigation – Litigation has
been initiated formally pursuant to Gov. Code Section 54956.9(d)(1):
Pouran Yazhari v City of Santa Monica, Los Angeles Superior Court, Case
No: 20STCV26250
The Interim City Attorney advised this lawsuit arose out of an incident that
occurred on August 14, 2019, when plaintiff, Pouran Yazhari, then a 68-year old
woman, tripped and fell on a sidewalk lift located on Santa Monica Blvd. near
23rd Street after leaving her doctor’s office. The City had identified the lift
during its annual sidewalk inspection, but had not yet had an opportunity to
repair it when the incident occurred. The parties participated in private
mediation and agreed to settle this matter for $150,000 conditional upon City
Council approval. The City Attorney’s Office recommended a settlement in the
amount of $150,000.
Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to
approve Settlement agreement No. 11233 (CCS), in the amount of $150,000.
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
1.G. Conference with Legal Counsel – Existing Litigation – Litigation has
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been initiated formally pursuant to Government Code Section
54956.9(d)(1): Bridget Cade v. City of Santa Monica, LASC, 20 STCV11832
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.H. Conference with Legal Counsel – Existing Litigation – Litigation has
been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1):
Bonnie Kessner, et al., v. City of Santa Monica, et al., Santa Clara Superior
Court, Case No. 20CV364054
The Interim City Attorney advised this lawsuit is a class action involving 84
plaintiffs against 84 co-defendant cities/water districts throughout the state. The
lawsuit claims that these defendants improperly charged their water rate payers
for general fund services – i.e., standby fire hydrant service. The trial court
recently upheld a ruling sustaining the defendants’ demurrers based on section
5472 of the Health and Safety Code (payment under protest statute), and
plaintiffs have offered to dismiss this case against the defendants without
prejudice in exchange for a waiver of costs. Costs for Santa Monica are only
approximately $1,000. The City Attorney’s Office recommended the Council
accept the dismissal without prejudice in exchange for waiver of costs.
Motion by Councilmember Brock, seconded by Councilmember Parra, to accept
Settlement Agreement No. 11234 (CCS), to accept the dismissal without
prejudice in exchange for the waiver of costs. 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
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Homeless Count Week, was presented to Maggie
Turner.
2.B. City Manager Report, was presented.
Member of the public, John Alle commented on this item.
REPORT ON
COUNCIL TRAVEL
There was nothing to report on Council travel.
CONSENT
CALENDAR:
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Cathy Knight and Patricia McPherson commented on
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various Consent Calendar items.
The Mayor reported that staff requested to have Item 3.A. pulled from the
agenda to be brought back for a future meeting.
At the request of Councilmember de la Torre, Items 3.D and 3.H were removed
from the Consent Calendar.
At the request of Councilmember Brock, Items 3.F was removed from the
Consent Calendar.
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to
approve the Consent Calendar except for Items 3.A, 3.D, 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
BROKERAGE
SERVICES
3.A. Approval of First Modification to Agreement #10713 with Corporate
Realty Group for Brokerage and Consulting Services, was pulled at request
of staff.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a first modification to agreement #10713 (CCS) in the amount of
$295,681, including a 10% contingency, with Corporate Realty Group (CRG)
for commercial real estate brokerage and related consulting services for the
Public Works Department. This will result in a three-year amended agreement
with two one-year options to renew with a new total amount not to exceed
$1,440,720, including a 10% contingency, with future year funding contingent
on Council budget approval.
TELECONFERENCE
MEETINGS
3.B. Adoption of Resolution No. 11393 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS AS REQUIRED BY AB 361 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 through February 11, 2022.
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MOBILITY ON
DEMAND
3.C. Approval of Extension of Contract with Lyft for Mobility on
Demand Every Day (MODE) Service for Santa Monica Seniors and People
with Disabilities, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a second modification to agreement #10585 with Lyft, Inc for
Mobility on Demand Every Day (MODE) services. This will result in a change
from three option years to four option years for a total contract term of five years
and will not exceed the budget of $2,400,000 authorized by Council on
11/28/2017.
SEISMIC
ANALYSIS/PLAN
REVIEW SERVICES
3.E. Approval of Second Modification Extending Term of Professional
Services Agreement with Degenkolb Engineers for Seismic Structural
Analysis and Plan Review Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a second modification to agreement #10635 (CCS) with Degenkolb
Engineers for seismic structural analysis review and seismic plan review services
for the Community Development Department. This modification will extend the
term by one year and will result in a five-year amended agreement.
1432 17TH STREET 3.G. Adoption of Resolution No. 11394 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL TRACT MAP FOR TRACT NO. 82563 TO
SUBDIVIDE A PROPERTY AT 1432 17th STREET”, was approved.
Recommended Action
Staff recommends that the City Council adopts the attached resolution accepting
and approving Final Tract Map No. 82563 for a six-unit condominium project
located at 1432 17th Street.
MINUTES 3.I. Minutes of City Council - Regular and Special Joint Meeting -
November 23, 2021 5:30 PM, were approved.
MINUTES 3.J. Minutes of City Council - Special Meeting - December 7, 2021 5:30
PM, were approved.
MINUTES 3.K. Minutes of City Council - Regular and Special Joint Meeting -
December 14, 2021 5:30 PM, were approved.
WELLS 3.D. Adoption of Resolution No. 11395 (CCS) to entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE,
AND EXECUTION FOR THE CHARNOCK WELLS #13 and #18
REPLACEMENT PROJECT AND THE SANTA MONICA BASIN
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GROUNDWATER REPLENISHMENT WELLS PROJECT”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application for grant funds
from the California State Department of Water Resources in the amount
of $7,303,923 for the Charnock Wells #13 and #18 Replacement Project
and up to $8,178,887 for the Santa Monica Basin Groundwater
Replenishment Wells Project in the Public Works Department; and
2. Authorize the City Manager and his or her designee to execute all
necessary documents to apply for the grant, accept the grant, if awarded,
and accept all grant renewals, if awarded.
Pulled by Councilmember de la Torre to ask questions of staff included, if
there’s a grant deadline that needs to be met, can this be postponed, or is there a
way to include the Ballona Wetlands Reserve as we move forward with
implementing the funding conditions.
Motion by Councilmember de la Torre, seconded by Mayor Himmelrich, to
approve 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
SEISMIC
ANALYSIS/PLAN
REVIEW SERVICES
3.F. Approval of Second Modification of Term Extension for Professional
Services Agreement with IDS Group for Seismic Structural Analysis and
Plan Review Services, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a second modification to agreement #10636 (CCS) with IDS Group,
Inc. for seismic structural analysis review and seismic plan review services for
the Community Development Department. This modification will extend the
term by one year and will result in a five-year amended agreement.
Pulled by Councilmember Brock. Questions asked and answered of staff
included: how far behind are we on our seismic retrofit program, and how do we
catch up; is there anything we can do to speed up this process; and are we
making significant progress.
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to
approve 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
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NOES: None
ABSENT: None
BOARDS AND
COMMISSIONS
3.H. Adoption of Resolution No. 11396 (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 11383 (CCS)”, was presented.
Recommended Action
Staff recommends that the City Council adopt a resolution amending the Policies
for City Boards, Commissions, Committees, Task Forces, and Regional
Advisory Boards to include the approved recommendations from the ad hoc
committee for boards and commissions on December 14, 2021 and repealing
Resolution No. 11338 (CCS).
This item was pulled by Councilmember de la Torre to ask staff if this resolution
could be amended to include a requirement that the City Clerk provide an annual
report on the aggregate demographic profile of the Boards and Commissions.
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to
approve staff recommendation, as amended. 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
ORDINANCES:
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
7.A. Second Reading and Adoption of Ordinance No. 2686 (CCS) entitled
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER
2.50 THAT ESTABLISHED A PUBLIC SAFETY REFORM AND
OVERSIGHT COMMISSION”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Himmelrich, 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 Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
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PERMIT
REQUIREMENTS
7.B. Second Reading and Adoption of Ordinance No. 2687 (CCS) entitled
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE
TO REMOVE THE MINOR USE PERMIT REQUIREMENT FOR TATTOO
AND BODY MODIFICATION PARLORS IN THE CITY’S DOWNTOWN
AND MIXED-USE AND COMMERCIAL DISTRICTS”, 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 de la Torre, to
adopt the ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
1318 FOURTH
STREET
8.A. Adoption of CEQA Findings and Authorization to enter into
Agreement No. 11235 (CCS) with EAH, Inc. for the 1318 Fourth Street
Affordable Housing Development, was presented.
Recommended Action
Authorize the City Manager to negotiate and execute an Exclusive Negotiating
Agreement with EAH, Inc. for a mixed-use, affordable housing development on
the City-owned site located at 1318-20 Fourth Street and adopt the CEQA
Findings in this Staff Report under “Environmental Status”.
Robin Hughes from Abode Communities presented to Council.
Tara Barauskas from Community Corp. of Santa Monica presented to Council.
Steven Spielberg from EAH presented to Council.
Members of the public Nancy Hamilton, Richard Hilton, Laura Hall, Denise
Barton, Allen Lynch, Olga Zurawaska, Barney Deasy, David Morris, Jordan
Ross, Jonathan Foster, Phyllis Dudick, Michael Soloff, Ann Thanawalla,
Danielle, and Danecia Malone spoke on the recommended action.
Questions asked and answered of staff included: does the ground lease for this
property stay with the developer for a specific amount of time, or does this land
get sold to the developer; what happens if the lessee doesn’t keep it’s affordable
housing covenant; is it correct that all of the information about the grantees is
available to the public online; are we going to make sure the public outreach
involves more of the people who are going to live there, instead of those who are
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not; is staff comfortable deciding what is the eventual best project based on the
community feedback during the design process; is there anything that can be
done to move this project to be completed sooner, in order to provide housing
sooner than 2024; was there one real reason that put EAH above of the other
proposals; in the scoring process, there’s fewer than six points between the top
three, where did the panel score the biggest difference by categories; how
adaptable do the teams seem at being able to be flexible with their ground floor
plans, given that times and needs change; what information can be provided to
address some of the negative comments and feedback about one of the vendors;
how long has it been since the city has had a full request for proposals (RFP) for
all grantees; and, did any of the bidders include project labor agreements in their
proposals.
Considerable discussion ensued on topics including, but not limited to, having a
robust community dialog about the project, and making sure that the right
service provider is selected.
Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt
the CEQA findings. 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 de la Torre to authorize the City Manager to
negotiate and execute an Exclusive Negotiating Agreement with Community
Corp. The motion died due to a lack of a second.
Motion by Councilmember Davis, seconded by Councilmember Brock, to
authorize the City Manager to negotiate and execute an Exclusive Negotiating
Agreement with EAH, Inc. for a mixed-use, affordable housing development on
the city-owned site located at 1318-20 Fourth Street. The original 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
Direction was given to staff to evaluate the social services that are being
provided and to ensure we have the best social services provider and evaluate the
social services provider as the city negotiates with the development team, and to
look for every opportunity to shorten the timeframe to get this project built.
COUNCILMEMBER
DISCUSSION
13.A. Year-End Appointments to Boards and Commissions for terms
ending December 31, 2020 and December 31, 2021, was presented.
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ITEMS:
YEAR-END
APPOINTMENTS
Member of the public Jim Kennedy, spoke on the recommended action.
Board/Commission Number of
Appts
Term End
Date
Requirements
Clean Beaches & Ocean Parcel
Tax Citizens Oversight
3 6/30/2023* Santa Monica
Resident
2 6/30/2024*
On order of the Mayor, the floor was opened for nominations for the term ending
in 2024.
Mayor Himmelrich nominated Benjamin Kay and Mary Marlow for the two seats
with terms ending June 30, 2024.
Mr. Kay and Ms. Marlow were appointed to the Clean Beaches & Ocean Parcel
Tax Citizen Oversight for a term ending June 30, 2024, by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations for the term ending
in 2023.
Mayor Himmelrich nominated Jim Kennedy.
There being no other nominations, Jim Kennedy was appointed to the Clean
Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2023,
by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations for the term ending
in 2023.
Mayor Himmelrich nominated Ashley Oelsen.
There being no other nominations, Ashley Oelsen was appointed to the Clean
Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2023,
by the following vote.
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
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ABSENT: None
On order of the Mayor, the floor was opened for nominations for the term ending
in 2023.
Mayor Himmelrich nominated Sami Rasromani
Councilmember Davis nominated Daniel Cody
Sami Rasromani was appointed to the Clean Beaches & Ocean Parcel Tax
Oversight for a term ending June 30, 2023 by the following vote:
Rasromani: Councilmembers Parra, Negrete, Brock, de la Torre,
Mayor Himmelrich
Cody: Councilmember Davis, Mayor Pro Tem McCowan
Councilmembers Davis and Mayor Pro Tem McCowan changed their votes to
Rasromani, thereby appointing Rasromani unanimously to the Clean Beaches &
Ocean Parcel Tax Citizens Oversight, with all members present.
Board/Commission Number
of Appts
Term End
Date
Requirements
L.A. County West Vector
Control District
1
6/30/2026
Santa Monica
Registered
Voter
The City Clerk reported that because there were no applicants for this
appointment, this appointment will be re-advertised and brought back for a future
meeting.
Board/Commission Number
of Appts
Term End
Date
Requirements
Santa Monica Pier
Corporation
4
6/30/2026
Resident or
person
who does
business or
are employed
in Santa
Monica.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Misti Kerns.
There being no other nominations, Misti Kerns was appointed to the Santa
Monica Pier Corporation for a term ending June 30, 2026, 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
On order of the Mayor, the floor was opened for nominations.
Councilmember de la Torre nominated Nicolas Rolston.
There being no other nominations, Nicolas Rolston was appointed to the Santa
Monica Pier Corporation for a term ending June 30, 2026, by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.
Mayor Himmelrich nominated Carter Rubin.
There being no other nominations, Carter Rubin was appointed to the Santa
Monica Pier Corporation for a term ending June 30, 2026, by the following vote:
AYES: Councilmembers de la Torre, Negrete, Davis,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember Brock, Parra
ABSENT: None
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated David Newberg
Councilmember Negrete nominated Michael Dubin
Councilmember Davis nominated Dan Hall
Dan Hall was appointed to the Santa Monica Pier Corporation for a term ending
June 30, 2026, by the following vote:
Newberg: Councilmembers de la Torre, Brock
Dubin: Councilmember Negrete
Hall: Councilmembers Davis, Parra, Mayor Pro Tem McCowan,
Mayor Himmelrich
SANTA MONICA
LIBRARY BOARD
13.B. Recommendation to accept Sidonie Smith's resignation from the
Santa Monica Library Board and authorize the City Clerk to publish the
vacancy, was presented.
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There was no public comment on this item.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to accept the
resignation with regret. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SIDEWALK
VENDING
13.C. Request of Councilmembers Brock and de la Torre and Mayor
Himmelrich that Council direct the City Manager to incorporate into the
City’s 2022 state legislative agenda support for legislation or administrative
action to enact changes to the California Retail Food Code that would make
it more sensitive to the context of sidewalk vending while ensuring food
safety, including but not limited to: Streamlining approvals for code-
compliant carts, including by giving more discretion to local health
authorities; Revising regulations around the slicing of fruits and vegetables
and the hot-holding of prepared foods to establish clear and easy-to-follow
safety protocols that account for the types of foods commonly sold by
sidewalk vendors; Simplifying sink, power, water, and other equipment
requirements; and Expanding the definition of safe locations for food
preparation. These changes would facilitate increased access to Los
Angeles County Public Health permits and approved vending carts and
equipment, reinforcing the City’s existing commitment to advancing an
accessible, inclusive sidewalk vending permitting program that expands
opportunity and lowers barriers to entry for micro-entrepreneurs to vend
food, drinks, and merchandise in a safe, prosperous, and legally compliant
manner. This advocacy would be wholly consistent with—and in fact
complement—the City’s ongoing comprehensive efforts to address the
impacts of unpermitted vending on and around the Santa Monica Pier to
public safety, public health, and the environment, including advocacy for
potential changes to state law that would enable more effective enforcement
in this critical location, was presented.
There was no public comment on this item.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to
approve 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
HOUSING
COMMISSION
13.D. Annual Appointment to the Housing Commission for term ending
6/30/2023, was presented.
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The City Clerk announced that this appointment was originally heard at the
December 7, 2021, meeting where the incumbent Rene Buchanan was
reappointed to the two-year seat. It was realized the following day that Ms.
Buchanan required five votes to be reappointed for a sixth term, thereby
nullifying the vote, to be reconsidered at this meeting. At that same meeting,
Theresa Marasco was appointed to a term ending June 30, 2025, but has since
submitted a letter stating she was not interested in the 4-year seat, and instead is
only interested in being considered for the 2-year tenant housing seat for an
affordable housing participant who is homeless or formerly homeless. The seat
declined by Ms. Marasco authorizes the City Clerk to publish the vacancy and
come back for appointment at the February 22, 2022, meeting.
Members of the public David Morris, Denise Barton, Teresa Marasco, Olga
Zurawaska, Michael Louis, Ann Thanawalla, Michelle Gray, Denise Barton,
Chevy Baruch and Danielle spoke on the recommended action.
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Theresa Marasco.
There being no other nominations, Ms. Marasco was unanimously appointed to
the Housing Commission, for a term ending June 30, 2023, by the following
vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
HOUSING
COMMISSION
13.E. Appointment to one unscheduled vacancy on the Housing
Commission for a term ending on 6/30/2022, was presented.
Members of the public David Morris, Teresa Marasco, Michael Louis, Michelle
Gray, Denise Barton, Olga Zarawaska spoke on the recommended action.
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Gina DeBaca
Councilmember Davis nominated Lydia Garcia
Mayor Himmelrich nominated Kate Evarts
Gina DeBaca was appointed to the Housing Commission for a partial-term
ending June 30, 2022 by the following vote:
DeBaca: Councilmembers de la Torre, Brock, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
Garcia: Councilmember Davis
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Evarts: None
BOARDS AND
COMMISSIONS
13.F. Recommendation to declare board and commission seats vacant for
those board and commission members who did not comply with the City
COVID-19 Vaccination Policy and authorize the City Clerk to publish the
vacancies, was presented.
There was no public comment on this item.
Motion by Mayor Himmelrich, 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
COVID-19 13.G. Request of Councilmember Brock, Mayor Himmelrich, and
Councilmember Parra that the City of Santa Monica implement by
executive order or return with an emergency ordinance, as soon as possible,
but no later than February 8, 2022, to require that employees and all
persons entering certain indoor facilities be fully vaccinated (completed the
series of any vaccine that has been approved or authorized by either the
Food and Drug Administration or the World Health Organization) against
COVID-19. Indoor facilities included in any order or ordinance should be
establishments where food or beverages are served, gyms and fitness
venues, entertainment and recreation venues, and personal care
establishments. Any vaccine mandate shall also be reasonably applied to
indoor City facilities to the extent possible. For City facilities, unvaccinated
individuals should be provided alternative arrangements for reasonable
access to City services, as practicable and appropriate, such as online or
remote services, outdoor service, or proof of a timely and appropriate
negative COVID-19 test to access indoor services that cannot be provided in
other ways, was presented.
Questions asked and answered of staff included: what is the budget impact to
Police and enforce this policy; how is this going to be enforced, and what is the
cost; is this a violation of HIPPA to ask a person for proof of vaccination; after
tonight, what are the next steps and how will this proceed procedurally; how
many other ways have we departed from the County’s guidance to implement
our own Santa Monica policies; as far as education, what are we educating them
on, and what are we trying to accomplish here; where is the expiration on this,
since this is becoming an epidemic and no longer a pandemic; how will this
impact families with small children who are not required to receive the
vaccination; if this is imposed, and businesses experience loss because of this, is
there going to be any financial backing to support the businesses; and, how is
our mask mandate enforcement going.
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Members of the public Dhun May, Denise Barton, Samantha Mota, Jill Hawkins,
Pamela Abramson, Nicole Pearson, Donna Pearman, Miriam Fogler, Ben
Telligent, Dee Park, Hamish Patterson, Ann Thanawalla, Jack Brand, Chevy
Baruch, Rick Bobbins, Jennifer Clingingsmith, Robin Dunbar, Annie Beck
spoke on the recommended action.
Considerable discussion ensued on topics including, but not limited to: concern
regarding citizen’s constitutional rights being violated; we should be working on
uniting people instead of dividing; we should be offering education and mask to
people, not mandating vaccination; would be more comfortable with this coming
back as an emergency ordinance instead of having the City Manager use the
Executive order option; small businesses will be heavily impacted by this policy,
due to limited staffing; problematic with lags in the wait time for testing, unless
you’re willing to pay; we should be focusing on price gouging for testing instead
of focusing on whether or not you have a card; and, businesses are concerned
because their staff is being infected and it’s impacting their business.
Motion by Councilmember Brock, seconded by Mayor Himmelrich, to continue
this item and bring it back as an emergency ordinance if the City Manager and
the Emergency Operations staff, determine it’s necessary. 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 INPUT: Members of the public Michael Louis, John Alle, Nicole Pierson, Samantha
Mato, Jonathan Foster and, Ben Telligent commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 3:15 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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