m20220208 1 February 8, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 8, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:35 p.m.,
on Tuesday, February 8, 2022, via teleconference pursuant to Assembly Bill No. 361signed 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
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 5:35 p.m., with all
members present. Mayor Pro Tem McCowan led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS
Members of the public Denise Barton and Zina Josephs commented on
closed sessions.
On order of the Mayor, the City Council recessed at 5:40 p.m., to consider
closed sessions and returned at 7:55 p.m., with all members present, except
Councilmember Brock to report the following:
1.A. 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
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.B. Conference with Legal Counsel – Anticipated Litigation:
Anticipate significant exposure to litigation Pursuant to Government
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Councilmember Brock
returned at 7:56 p.m.
Code Section 54956.9(d)(2): Oceana Hotel
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.C. Conference with Real Estate Negotiator pursuant to
Government Code Section 54956.8: Property: 2828 Donald Douglas
Loop North, Santa Monica, California Offices and Pilot Lounge
Premises (~5,285 sq. ft.), Hangars #6, # 26, and #31 (~5,380 sq. ft.),
Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp
(~64,460 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica,
California (“Fuel Farm”) (~3,820 sq. ft.) consisting of three 12,000
gallon and one 500 gallon underground storage tanks and associated
systems and equipment; City Negotiators: Stelios Makrides, Chief
Operations Officer/Airport Director; Owner of Record: City of Santa
Monica; Persons to be negotiated with Atlantic SMO Holdings; Under
negotiation: Ground Lease and Building Lease Terms.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.D. Public Employee Appointment: Title – City Attorney
The Interim City Attorney advised this matter was heard with no reportable
action taken.
SPECIAL AGENDA
ITEMS:
2.A. City Manager Report, was presented.
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 Denise Barton, Stan Epstein and People of CA
commented on various Consent Calendar items.
Staff requested to move Item 3.E. to be heard under the special joint
meeting as Item 8.B.
At the request of Councilmember Parra, Item 3.A was removed from the
Consent Calendar.
At the request of Councilmember Brock, Item 3.C was removed from the
Consent Calendar.
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Motion by Councilmember Davis, seconded by Councilmember Brock, to
approve the Consent Calendar except for Items 3.A, 3.C and 3.E 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
PUBLIC WORKS 3.B. Approval of Modification to Purchase Orders for Water
Treatment Antiscalants & Cleaners, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a change order to
purchase order #22200672 in the amount of $210,000 with Avista
Technologies for the provision of water treatment antiscalants and
cleaner chemicals for the Public Works Department. This would
result in a revised purchase order total not to exceed $685,000, with
future year funding contingent on Council budget approval; and
2. Authorize the Procurement Manager to issue a change order to
purchase order #22200758 in the amount of $100,000 with King
Lee for the provision of water treatment antiscalants and cleaner
chemicals for the Public Works Department. This would result in a
revised purchase order total not to exceed $200,000, with future
year funding contingent on Council budget approval.
AB 361 3.D. Adoption of Resolution No. 11399 (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 March
10, 2022.
MINUTES 3.E. Approval of minutes for Housing and Parking Authority
meetings, was removed from the Consent Calendar and heard as Item 8.B.
at the request of staff.
Recommended Action
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Staff recommends that the:
1. Housing Authority approve the minutes of the October 26, 2021 and
November 23, 2021 meetings; and
2. Parking Authority approve the minutes of the October 26, 2021
meeting.
MINUTES 3.F. Minutes of the City Council - Regular Meeting - January 11,
2022 5:30 PM, were approved.
MINUTES 3.G. Minutes of the City Council - Special Meeting - January 29,
2022 10:00 AM, were approved.
MINUTES 3.H. Minutes of the City Council - Special Meeting - February 2,
2022 6:00 PM, were approved.
BERGAMOT STATION
ARTS CENTER
3.A. Award Request for Proposal to Redcar Properties LTD and
Authorize City Manager to Execute Contract No. 11240 (CCS) for
Property Management for Bergamot Station Arts Center, was
presented.
Recommended Action
1. Award RFP# 303 to Redcar Properties LTD for property
management services for the Community Development Department;
2. Authorize the City Manager to negotiate and execute an agreement
with Redcar Properties LTD, for a management fee of up to $90,000
per annum for two years, three additional one-year renewal options,
for a total amount not to exceed $450,000 and future year funding
contingent on Council budget approval.e
This item was pulled by Councilmember Parra to ask questions regarding
increase of Common Area Maintenance (CAM) fees; who will determine
the CAM charges and is there an opportunity to negotiate those charges;
can there be a cap on the annual fees or cap the CAM charges; and, will
there be a minimum community events requirement.
Motion by Councilmember Parra, seconded by Councilmember Brock, 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
1333 Fourth Street 3.C. Approval of Third Lease Modification with JP Morgan Chase
for 1333 Fourth Street Lease, was presented.
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Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a lease modification with JP Morgan Chase to extend
term from May 1, 2022 through April 30, 2026, providing a total
of $4,022,120 in rental revenues during the four-year term.
This item was pulled by Councilmember Brock to ask questions regarding
the Chase lease and asked staff to clarify issues that were brought up by the
public.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, 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
STUDY SESSION:
COVID-19
4.A. Study Session on Mandating Proof of COVID-19 Vaccination at
Local Businesses and City Facilities, was presented.
Recommended Action
Staff recommends that the City Council review and comment on the Study
Session on Mandating Proof of COVID-19 Vaccination at Local
Businesses and City Facilities and the strategy outlined by the COVID-19
Emergency Operations Center.
Members of the public Jill Hawkins, Frieda, Peggy Fisher, Jerome
Courshon, Karen Harris, Diana Hinek, Robin Dunbar, Chevy Baruch,
Pamela Abramson-Levine, Denise Young, Ana Thanawalla, Steven Muller,
Ana Frank, Jason Mathbaum, People of California, Natalya Zernitskaya,
John Katz and Sandra Ouban spoke on the recommendation.
Questions asked and answered of staff included: are we prepared for
another surge; why is it important to look at the reason cities defer to the
Department of Public Health when making decisions to implement
measures to protect health; how many collateral consequences are there as a
result of COVID; are we at that point now where the hospitals are reaching
capacity; how did the surge impact the hospitals, and how could this policy
have changed things, if we approved it in the fall; what can we do to
increase the number of people who get boosters in our community, and
what increased outreach and education is the city doing; until the Council
changes the definition of fully vaccinated, will that make a difference; and,
in what ways are we looking to provide support and education to business
owners who support a mask mandate and vaccinations.
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Considerable discussion ensued on topics including, but not limited to:
reminder that this is a public health emergency, and it makes sense to go
with the County Health and Department of Public Health guidelines to
protect the public health; expressed thanks to the EOC staff with providing
small businesses with PPE supplies, and other measures to help them
survive during this emergency; thank the restaurants and businesses in
Santa Monica who encouraged their employees to get the vaccination to
protect not just the customers, but to protect themselves and their families;
residents want to feel safe when they go out to dine, and if staff can find
ways to support and encourage local businesses who want to support mask
mandate and proof of vaccination; the city needs to do more to encourage
vaccinations and mask mandates; create more opportunities for residents to
get vaccinated, booster shots and provide mask; if we find it necessary to
impose a vaccination mandate in the future, include data, such as the
people who died if they were vaccinated or unvaccinated; look at the
numbers of people who are admitted to the hospital and whether or not they
had COVID or did not have COVID; include information on natural
immunity and how long it last; and what effects having COVID has on a
person; and, those businesses who are checking for vaccinations should be
acknowledged, recognized, and supported.
Motion by Councilmember Davis, seconded by Councilmember Brock, to
receive and file. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ORDINANCES:
ARTS COMMISSION
7.A. Second Reading and Adoption of Ordinance No. 2693 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 2.64.020 TO DECREASE THE MEMBERSHIP OF THE
ARTS COMMISSION FROM ELEVEN TO NINE MEMBERS”, was
presented.
Recommended Action
Staff recommends that City Council waive reading in full and adopt the
attached Ordinance.
Motion by Councilmember Brock, 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 de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
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NOES: None
ABSENT: None
SPECIAL JOINT
MEETING OF THE CITY
COUNCIL, HOUSING
AUTHORITY AND
PARKING AUTHORITY
On order of the Mayor, the regular City Council meeting was recessed to
reconvene to a joint meeting with the Housing Authority and the Parking
Authority at 10:02 p.m., with all members present.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive $50 compensation for meeting as the Housing
Authority and $50 for meeting as the Parking Authority.
STAFF
ADMINISTRATIVE
ITEMS:
FY 2021-22 MIDYEAR
BUDGET
8.A. Financial Status Update and FY 2021-22 Midyear Budget and
Adoption of Resolutions, was presented.
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking
Authority:
1. Appropriate FY 2021-22 midyear revenue and expenditure budget
adjustments and approve corresponding adjustments to the FY 2022-
23 budget plan (Attachment A);
Staff also recommends that the City Council:
1. Receive the FY 2021-22 through FY 2027-28 Five Year Financial
Forecast;
2. Direct staff to set aside $11 million in unprogrammed revenue to
Assigned General Fund Reserves;
3. Adopt Resolution No. 11400 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR THE FOLLOWING NEW OR EXISTING
CLASSIFICATIONS: ADMINISTRATIVE AIDE,
ADMINISTRATIVE INTERN, ADMINISTRATIVE INTERN II,
BUSINESS LICENSE SUPERVISOR, CROSSING GUARD,
EQUITY AND INCLUSION MANAGER, FACILITIES
ATTENDANT, LABORER TRAINEE, LIBRARY LITERACY
PROGRAM ASSISTANT, LIBRARY PAGE, PRINCIPAL
BUDGET ANALYST, PRINCIPAL BUYER, PRINCIPAL
PROCUREMENT ANALYST, POLICE CADET, PRODUCTION
ASSISTANT, SAFETY AND TRAINING SUPERVISOR, VIDEO
INTERN, VIDEO TECHNICIAN I, AND VIDEO TECHNICIAN
II” (Attachment B) and approve the position and classification
changes (Attachment C);
4. Adopt Resolution No. 11401 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION
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SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE
SANTA MONICA MUNICIPAL CODE, SETTING CIVIL
PENALTIES FOR PARKING VIOLATIONS AND FOR THE
LATE PAYMENT OF PENALTIES, SETTING FINES FOR
POLICE AND FIRE DEPARTMENT RESPONSES TO
EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR THE
SANTA MONICA PUBLIC LIBRARY” (Attachment D);
5. Direct staff to proceed with research and analysis on various
potential tax revenue measures;
6. Authorize the City Manager to negotiate and execute a second
modification to agreement #10929 with Moss Adams LLP, a
Washington-based company, for internal auditing services for the
City Manager’s Office. The modification would increase the third
year amount by $240,000 for a new amended total not to exceed
$931,000, with future year funding contingent on Council budget
approval, to complete a homeless services delivery audit and the
Human Services Grants Program grantee monitoring; and
7. Approve a relocation allowance up to $25,000 for the Police Chief,
effective retroactively to October 18, 2021.
Members of the public Denise Barton and Zina Josephs, spoke to the
recommended action.
Questions asked and answered of staff included: is it correct that the
funding for the Pier Task Force is not included in this mid-year budget; can
it be confirmed that those positions being filled are being filled with
previous employees as part of the COVID layoffs; when does the 2-year
retention deadline expire, and will previous employees be able to fill some
of these positions; are we looking at federal funding to help some of the
transportation initiatives and staffing; does Transportation have the staffing
to take advantage of the Dept. of Transportation grants and funding, for
example vision zero; is there any time when Council will be able to have a
discussion about the Civic Auditorium, given the proposed CIP projects; is
this taking into consideration things that have come up recently, like the
Pier Task Force; was the small business liaison considered with the permit
specialist position; why the increase now in HR and how does it encourage
employee retention, and are these positions for recruitment; what would it
cost to bring in an outside recruiter instead of hiring full-time employees;
how much would it take to open Fairview Library a few days a week; how
is the Ocean Park library drop off program working; what is the average
transient occupancy tax (TOT) for neighboring cities; is there a point when
visitors start to decline due to the high TOT rate; what’s the average
parking fees for local areas and are we at the top of the scale; what is the
business license modernization; will we go back to paying PERS the way
we were before COVID; by adding the staff for Workers Comp, is it
actually saving the city money; and, why is it necessary to add the
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Executive staff person in the City Attorney’s Office.
Considerable discussion ensued on topics including, but not limited to:
concerns about the services that directly impact residents; would like to
wait to hire staffing in the City Attorney until the new City Attorney is
hired; we need more traffic and community officers and more public safety
officers in the parks and streets; for all of the proposed taxes, can all of the
neighboring cities be included and shared in the polling analysis;
neighborhood funding and the newsletter should be included in the mid-
year budget; frame the budget discussion by reflecting where we were
before budget and where we would like to move forward with efficiencies;
as part of the addition to the Police budget, include there is a need to
support small businesses with safety and cleanliness; maybe coordinate city
services to support small businesses; a good strategy to leverage city staff
to receive grants; good that the city is looking into diversity and equity in
procurement for underserved businesses; potentially increase the position in
Finance that is being proposed; support a vendor cart coordinator for a
future budget consideration; anything to support youth, seniors, and
disabled in the city is a benefit, especially after COVID; microgrant
programs should be incorporated in an upcoming budget;
Motion by Mayor/Chair Pro Tem McCowan, seconded by
Council/Authority Member Negrete, to adopt the staff recommendation to
Appropriate FY 2021-22 midyear revenue and expenditure budget
adjustments and approve corresponding adjustments to the FY 2022-23
budget plan. The motion was approved by the following vote:
AYES: Council/Authority Members de la Torre, Brock, Negrete,
Davis, Parra
Mayor/Chair Pro Tem McCowan, Mayor/Chair Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast;
and, to direct staff to set aside $11 million in unprogrammed revenue to
Assigned General Fund Reserves. 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 Negrete, seconded by Councilmember Davis, to
adopt Resolution No. 11400 (CCS) establishing new classifications and
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adopting salary rates for various positions (Attachment B) and approve the
position and classification changes (Attachment C). 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 de la Torre, seconded by Councilmember
Brock, to adopt Resolution No. 11401 (CCS) of the City Council of the
City of Santa Monica revising the City’s master fine schedule for certain
violations of the Santa Monica Municipal Code, eliminate overdue fines for
adult cardholder accounts for the Santa Monica Public Library and to
establish new non-standard fines for violations of the Second Shared
Mobility Pilot Program Administrative Regulations. 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 Parra, seconded by Councilmember Negrete, to
direct staff to proceed with research and analysis on various potential tax
revenue measures. 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 Negrete, seconded by Mayor Himmelrich, to
authorize the City Manager to negotiate and execute a second modification
to agreement #10929 with Moss Adams LLP, a Washington-based
company, for internal auditing services for the City Manager’s Office. The
modification would increase the third-year amount by $240,000 for a new
amended total not to exceed $931,000, with future year funding contingent
on Council budget approval, to complete a homeless services delivery audit
and the Human Services Grants Program grantee monitoring. 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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Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to
approve a relocation allowance up to $25,000 for the Police Chief, effective
retroactively to October 18, 2021. 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
MINUTES 8.B Approval of minutes for Housing and Parking Authority
meetings, was presented.
Recommended Action
Staff recommends that the:
1. Housing Authority approve the minutes of the October 26, 2021
and November 23, 2021 meetings; and
2. Parking Authority approve the minutes of the October 26, 2021
meeting.
There was no public comment for this item.
Motion by Authority Member Davis, seconded by Authority Member
Negrete, to approve the minutes. The motion was approved by the
following vote:
AYES: Authority Members Parra, Davis, Negrete, Brock, de la Torre,
Chair Pro Tem McCowan, Chair Himmelrich
NOES: None
ABSENT: None
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting was adjourned at
12:25 a.m., and the regular meeting of the City Council was reconvened
with all members present.
COUNCILMEMBER
DISCUSSION ITEMS:
SOUTHERN
CALIFORNIA
ASSOCIATION OF
GOVERNORS
13.A. Designation of City's voting delegate and alternate
representative to Southern California Association of Governors
(SCAG) General Assembly at the JW Marriott Desert Springs Resort
& Spa, Palm Desert on May 5, 2022, was presented.
There was no public comment for this item.
Councilmember Brock volunteered to serve as the delegate representative.
Councilmember de la Torre volunteered to serve as the alternate
representative.
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There being no other volunteers, Councilmember Brock was selected as the
delegate representative and Councilmember de la Torre the alternate
representative for the City of Santa Monica to Southern California
Association of Governors (SCAG) General Assembly meeting on May 5,
2022. The selections were approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PAID PARENTAL LEAVE
POLICY
13.B. Request of Mayor Pro Tem McCowan that the City Manager
provide to the City Council as part of the FY 22/23 exception-based
budget, information related to implementation of a paid parental leave
policy for City staff that could take effect in FY 22/23, was presented.
There was no public comment on this item.
Motion by Councilmember Negrete, seconded by Councilmember de la
Torre, 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
SANTA MONICA-
MALIBU UNIFIED
SCHOOL DISTRICT
13.C. Request of Mayor Himmelrich, Council Member Davis, and
Council Member Negrete that the City Council join with and support
the Santa Monica-Malibu Unified School District (“SMMUSD”) in
opposing a petition filed by certain individuals with the Los Angeles
County Committee on School District Organization pursuant to SB 442
which became effective January 1, 2022. This petition seeks to compel
SMMUSD to convert from at-large elections, which are required by
Section 900 of the Santa Monica City Charter, to district based
elections and to adopt a map of proposed districts that was drawn by
the petition’s proponents without any input from SMMUSD
stakeholders and which seems not to have been drawn in accordance
with the California Elections Code, which sets forth a procedure for
drawing such districts. This petition seeks to override the Santa
Monica City Charter without a vote of the people and without a
showing of any compelling interest that would justify doing so. In
addition to stating its opposition to the petition, the Council authorizes
the City Manager, including the City Attorney, to use City resources,
as appropriate, to support the SMMUSD and to publicly oppose the
nullification of the City charter in public media, at any hearing held by
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the County Committee on School District Organization, and, if
necessary, through litigation, was presented.
Members of the public John King, Joe Patel, Patty Braun, Wade Major,
Nicole Faries, Maria Leon-Vazquez, Ana Thanawalla, Jill Hawkins and
Chevy Baruch spoke on the recommended action.
Considerable discussion ensued on topics including, but not limited to,
concern about how much financial resources are the city going to be
spending, and, SB 442 has nothing to do with the unification process
currently with Santa Monica-Malibu Unified School district;
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
adopt the recommendation.
Councilmember Brock proposed a substitute motion to remove “to use City
resources, as appropriate” and “if necessary through litigation.” The
motion died due to a lack of a second.
The original motion was approved by the following vote:
AYES: Councilmember Negrete, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmembers de la Torre, Brock
ABSENT: None
INDEPENDENT
INVESTIGATION
13.D. Request of Councilmember Davis that the City Council
authorize the City Manager and the Interim City Attorney return to
the City Council with a proposal to have an independent investigation
of possible violations of the Brown Act by City Council members in
connection with the search, candidate evaluation, and recruitment for
the positions of City Manager and City Attorney conducted in 2021
and 2022. The investigation also would encompass possible breaches of
the Confidentiality Agreements signed by City Council members in
connection with these matters. Any proposal should include, as legally
proper, full subpoena and other investigatory powers as may be
appropriate to conduct a comprehensive review of any potential Brown
Act or Confidentiality Agreement violations that the investigator might
discover in the course of the investigation, was presented.
There was no public comment on this item.
Considerable discussion ensued on topics including, but not limited to: is
this really necessary; concern about the cost of an investigation; additional
training is needed instead of spending money on an investigation; this
process will continue to divide the Council instead of improving relations;
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belief that this matter has nothing to do with training; this is about creating
consequences for breaches; and, this investigation is about the integrity of
the Council.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
approve the recommendation.
Substitute motion by Councilmember Brock, seconded by Councilmember
de la Torre, to dedicate a portion of the Council retreat on March 25th to be
spent on subsequent training to provide clarification to the
Councilmembers on Brown Act, Ethics, and handling confidential
information.
The substitute motion failed by the following vote:
AYES: Councilmembers Parra, Brock, de la Torre,
NOES: Councilmember Davis, Mayor Pro Tem McCowan,
Mayor Himmelrich
ABSTAIN: Councilmember Negrete
The original motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan,
Mayor Himmelrich
NOES: Councilmembers Parra, Brock, de la Torre
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton and Danielle Charney commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:41 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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