m20220315 1 March 15, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 15, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:33p.m., on
Tuesday, March 15, 2022, 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
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
Assistant City Clerk Nikima Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:33 p.m., with all
members present. Councilmember de la Torre led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:35 p.m., to consider
closed sessions and returned at 7:34 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): Jennifer Howard; Amanda Pawlowski v. Edwin
Valdez; City of Santa Monica, Los Angeles Superior Court, Case No.
21STCV42208
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): Wolfgang Mountford v. City of Santa Monica,
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U.S. District Court Case No. 2:20- CV-07220-MCS (Ex)
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 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 Gov. Code Section
54956.9(d)(1): City of Santa Monica v. The Insurance Company of the
State of Pennsylvania, et al., LASC Case No. 21STCV36027
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.E Public Employee Appointment: Title – City Attorney
The Interim City Attorney advised this matter was heard with no reportable
action taken.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
AGENDA MANAGEMENT Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis,
to hear Items 11.A. and 13.A. before Item 4.A. 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
RESOLUTIONS:
CITY HOLIDAYS
11. Adopt Resolution No. 11406 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING CESAR CHAVEZ DAY AND JUNETEENTH AS
CITY HOLIDAYS”, was presented
Recommended Action
Staff recommends that the City Council adopt the attached resolution
implementing Cesar Chavez Day and Juneteenth as official city holidays.
There was no one present for public comment.
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Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, to adopt the staff 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
COUNCILMEMBER
DISCUSSION ITEMS:
SAMOHI GRAD NITE
13.A Request of Councilmembers Negrete and Brock that the City
Council allocate $10,000 of discretionary funds to Samohi Grad Nite, a
501(c)3, to enable over 165 low-income students to attend. This would
close the shortfall between previous City funding allocated as part of
the annual budget and the organization’s expenses for June 2022. For
over 30 years, Grad Nite has provided a safe, secure venue for
graduating Santa Monica High School seniors to celebrate their
achievements, was presented.
Member of the public Jennifer Smith spoke on the recommended action.
Motion by Councilmember Negrete, 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
STUDY SESSION:
SENATE BILL 9
4.A Study Session on California Senate Bill 9: The California Housing
Opportunity and More Efficiency ("HOME”) Act, was presented.
Recommended Action
Staff recommends that the City Council:
1) Review and comment on the impacts of Senate Bill 9,
the California Housing Opportunity and More
Efficiency (HOME) Act, in Santa Monica;
2) Provide direction to staff regarding concepts to be
considered in an implementation ordinance; and
3) Direct staff to return with an ordinance to codify
regulations for implementation of SB 9 that are within
the City’s discretion.
There was no one present for public comment.
Questions asked and answered of staff including setbacks and how they
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differ per neighborhood; how will this effect the Pico Neighborhood; parcel
size; what bus lines are running frequently and how will it effect parking
requirements; will this do away with the ability to adopt a tree ordinance;
how will the City provide enforcement to monitor whether the unit is owner
occupied; can anything be done to stop the automatic administrative
approval process and protect the 2,000 properties listed as historic resource
inventory; can dual projects be completed on one lot (an ADU project and
an SB 9 project); is there any data that shows that this would offer more
affordable housing for families and therefore bringing more families to the
City; will this benefit current residents or new residents more; what does
OP1 mean and what will the impact be there; requirements for homes in the
earthquake zone; are there special City requirements for the liquefaction
zones; can high punitive sanctions be imposed to discourage speculators;
will parking in the coastal zone trump the SB9’s parking requirements; why
wouldn’t on-site affordable units for SB9 projects be feasible; and would it
be possible to incentivize larger ADUs.
Considerable discussion ensued on topics including, but not limited to
purchase only units in certain neighborhoods; fines for speculators;
concerns raised by the letter issued by the State Attorney General today;
how to maximize ADUs in high resource areas to further fair housing;
exclusions to those who cannot afford homeownership by only allowing for
ownership for ADUs; providing opportunities to residents to create income
in order to afford property taxes; parking concerns; the loss of the family
dynamic in the City; and restricting SB9 units for ownership in certain
areas.
Direction: provide more options for applicability of the ADU law and to
seek clarity on the requirement of the three year owner occupancy and the
ability to implement penalties.
CONTINUED ITEMS:
438 SAN VICENTE BLVD.
5.A Appeal of Planning Commission Approval of Conditional Use
Permit and Minor Modification for Expansion of Carlthorp School,
438 San Vicente Blvd, was continued to April 12, 2022.
Motion by Mayor Pro Tem McCowan, seconded by Councilmember
Negrete, to continue the appeal of Planning Commission Approval
Conditional Use Permit for Carlthorp School to April, 12, 2022. 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
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:09 p.m.
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ATTEST: APPROVED:
Nikima S. Newsome Sue Himmelrich
Assistant City Clerk Mayor
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