m20220426 1 April 26, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 26, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:43 p.m.,
on Tuesday, April 26, 2022, City Council Chambers, 1685 Main Street, Room 250, Santa Monica, CA.
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 (arrived at 5:47 p.m.)
Also Present: City Manager David White
Interim City Attorney Susan Y. Cola
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:43 p.m., with all
member present except Councilmember Parra. Councilmember de la Torre
led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Parra
arrived at 5:47 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:45 p.m., to consider
closed sessions and returned at 7:11 p.m., with all members present, except
Councilmember Parra to report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): Unfair Practice Charge, Administrative Team
Associates v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1495-M.
The Interim City Attorney advised this matter was heard with Item 1.B.
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, Administrative Team
Associates v. City of Santa Monica, Public Employment Relations
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Board, Case No. LA-CE-1507-M.
The Interim City Attorney advised the parties have agreed to settlement of
both ATA cases for items 1.A. and 1.B. with the following terms:
• Add four new job classifications to the ATA bargaining unit, to be
included in the exception-based budget for Fiscal Year 2022-2023
• $50,000 lump sum payment
• Apply salary Y-rating to demotions in lieu of layoff, effective
from the date of execution of the settlement agreement through the
duration of the successor MOU with ATA
Motion by Councilmember Davis, seconded by Councilmember Brock, to
approve Settlement agreement No. 11261 (CCS), in the amount of $50,000,
with terms. 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. Commendations: AYSO Western States Champions: Santa
Monica “Storm”, was presented.
2.B. Proclamation: City Clerks Week, May 1 - 7, 2022, was presented.
2.C. Proclamation: Building Safety Month, was presented.
2.D. Mental Health Month Proclamation, was presented.
2.E. City Manager Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember de la Torre reported that he did not use city funds, but he
did travel to Chicago for a conference where he received a scholarship from
the National Association of Latino Elected Officials. The conference was
about Emergency Preparedness, including discussions about COVID,
Climate Change, what cities need to do to be prepared. He met with a lot
of elected officials to discuss the challenges other cities are going through
and was pleased that Santa Monica was already prepared in a lot of the
areas discussed.
CHARTER SECTION 615 City Clerk Denise Anderson-Warren announced in accordance with Charter
section 615, the adoption of all ordinances and resolutions shall be by
reading of title only unless a Councilmember present dissents.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Davon Ray Harris and John Alle commented on
various Consent Calendar items.
At the request of Councilmember Brock, Item 3.D. was removed from the
Consent Calendar.
At the request of Councilmember de la Torre, Item 3.A. was removed from
the Consent Calendar.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to approve the Consent Calendar except for Items 3.A. and 3.D, reading
resolutions 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
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
3.B. Present Annual Comprehensive Financial Report for Year
Ended June 30, 2021, was approved.
Recommended Action
Staff recommends that the City Council receive and file the City’s Annual
Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council,
and the Independent Auditors’ Report on Internal Control Over Financial
Reporting and on Compliance with Other Matters Based on an Audit of
Financial Statements Performed in Accordance with Government Auditing
Standards for the City’s financial statements for the fiscal year ended June
30, 2021.
HOMELAND SECURITY
GRANT
3.C. Authorization to Accept 2020 State Homeland Security Grant,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the
amount of $205,000 from the 2020 State Homeland Security Grant
Program;
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all associated grant renewals and
modifications;
3. Authorize budget changes as outlined in the Financial Impacts &
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Budget Actions section of this report.
CITY VEHICLES 3.E. Authorization to Approve a Purchase Order with Beam Global
to Procure Three EV Arcs, Funded by a CalOES Grant, was approved.
Recommended Action
Staff recommends that the City Council:
Authorize the City to issue a purchase order with Beam Global for three EV
Arc solar and battery powered electric vehicle chargers for the Public
Works Department. This recommended award is made as an exception to
the competitive bidding process pursuant to Section 2.24.250(c) and is for a
total amount not to exceed $278,961 with future year funding contingent on
Council budget approval.
TRANSIT SERVICES 3.F. Award Bid and Enter into Agreement No. 11258 (CCS) with 3L
Executive Services to provide bus fuel system repairs for Department
of Transportation, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid # 4420 to 3L Executive Services for inspection and
repairs of transit bus compressed natural gas fuel systems and tanks
for the Department of Transportation and Fleet Management.
2. Authorize the City Manager to negotiate and execute an agreement
with 3L Executive Services, in an amount not to exceed $856,568
which includes a $77,870 contingency over a five-year period with
future year funding contingent on Council budget approval.
MINUTES 3.G. Minutes of City Council - Special Meeting - March 15, 2022
5:30 PM, were approved.
MINUTES 3.H. Minutes of City Council - Regular Meeting - March 22, 2022
5:30 PM, were approved.
MINUTES 3.I. Minutes of City Council - Regular and Special Joint Meeting -
April 12, 2022 5:30 PM, were approved.
GRANT FUNDS 3.A. Approval of the Proposed FY 2022-23 One-Year Action Plan
Allocating Federal Community Development Block Grant (CDBG) and
HOME Investment Partnerships Act Program (HOME) Entitlement
Grant Fund, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve the Proposed 2022-23 Annual CDBG and HOME Action
Plan (Attachment A).
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2. Authorize the City Manager to submit all documents required to
receive the City’s annual Community Development Block Grant
(CDBG) and Home Investment Partnerships Act (HOME)
entitlement grant funds to the U.S. Department of Housing and
Urban Development (HUD).
This item was pulled by Councilmember de la Torre to ask staff why the
Pico Neighborhood Association was not reached out to provide input to the
plan.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, 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
PIER SECURITY 3.D. Approval of Contract Modification with California Panther
Security to Provide Security Services Related to Pier Vending, was
presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to Agreement No. 11259
(CCS) with A.G. Coast, Inc, d/b/a CA Panther, for security services on and
around the Santa Monica. This recommended award is made as an
exception to the competitive bidding process pursuant to SMMC
2.24.250(g), is for a total amount not to exceed $732,000 ($482,000 over
the initial agreement amount of $250,000 under the City Manager’s
authority) and will extend the term of the agreement through June 30, 2023.
This item was pulled by Councilmember Brock to ask questions.
Questions asked and answered of staff included: why hasn’t this contract
gone through a competitive bid process; if this went out to bid, could we
have gotten a better deal; in the six months since the extension began, could
a Request for Proposals have been done, and did we get the best deal we
could from this vendor; and, are there any exceptions to the vendor rules
for this contract.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommendation.
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
CONTINUED ITEMS:
DISABILITY
COMMISSION
5.A. Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending on 6/30/2022, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Cara Hendler.
There being no other nominations, Cara Hendler was appointed to the
Disabilities Commission for a term ending June 30, 2022, by a unanimous
voice vote, with all members present.
PLANNING
COMMISSION
5.B. Appointment to one unscheduled vacancy on the Planning
Commission for a term ending on 6/30/2025, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Josh Hamilton.
Councilmember Brock nominated Samuel Tolkin.
Samuel Tolkin was appointed by the following vote:
Hamilton: Councilmember Davis, Mayor Pro Tem McCowan,
Mayor Himmelrich
Tolkin: Councilmembers de la Torre, Brock, Negrete, Parra
Mayor Pro Tem McCowan and Mayor Himmelrich changed their votes to
Tolkin, thereby appointing Samuel Tolkin to the Planning Commission for
a term ending June 30, 2025.
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
5.C. Appointment to one unscheduled vacancy on the Public Safety
Reform and Oversight Commission for a term ending on 6/30/2025,
was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem McCowan nominated Dante Harrington.
Councilmember Brock nominated Benjamin Winnemore.
Dante Harrington was appointed by the following vote:
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Harrington: Councilmember Davis, de la Torre, Mayor Pro Tem
McCowan, Mayor Himmelrich
Winnemore: Councilmember Parra, Negrete, Brock
Councilmembers Parra, Negrete, and Brock changed their votes to
Harrington, thereby appointing Dante Harrington by acclamation to the
Public Safety Reform and Oversight Commission for a term ending June
30, 2025, with all members present.
ADMIN. PROCEEDINGS:
OCEANA HOTEL
6.A. Introduction and First Reading of an Ordinance Amending
Santa Monica Municipal Code (SMMC) Section 9.08.020; and Appeals
of Planning Commission's Denial of Two Conditional Use Permits to
Allow Meal and Alcohol Service to the General Public at the Oceana
Hotel’s Existing Restaurant, was presented.
Recommended Action
Staff recommends Council take the following actions:
1. Adopt the determination that the proposal to open the Oceana
Hotel’s existing restaurant to the public is exempt under CEQA
Guideline Section 15301 (Class 1) for Existing Facilities, in that the
project involves the operation, repair, maintenance, permitting,
leasing, or licensing of an existing hotel to extend its guest-only
meal and alcoholic beverage services to the public in its existing
onsite restaurant;
2. Introduce for first reading a proposed ordinance to amend Santa
Monica Municipal Code Section 9.08.020 to establish a Conditional
Use Permit (CUP) requirement for an existing legal, nonconforming
hotel restaurant located within the R2 and R3 zoning districts to
request approval to provide meal service to the general public,
provided that certain criteria are met;
3. Grant the appeals of Planning Commission’s denial of two
Conditional Use Permits associated with the Oceana Hotel’s request
to 1) provide meal service to the general public pursuant to the
proposed text amendment; and 2) modify the hotel’s existing
alcohol CUP to provide service to the general public;
4. Approve Conditional Use Permits 20ENT-0237 and 21ENT-0090;
and
5. Approve the Statement of Official Action.
Ex-parti Communication
Mayor Himmelrich stayed at the property about 15 years ago, walking by
the property, and reading correspondence submitted into the record, she has
no ex-parti communications.
Councilmember Davis has nothing to report. Other than reading
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correspondence submitted into the record, she hasn’t spoken to anyone
about it.
Councilmember Negrete had a meeting to meet with Mr. Litman, had brief
discussion about the Oceana.
Mayor Pro Tem McCowan met with Mr. Litman and General Manager,
then had a phone call with Mr. Litman between now and the previous
hearing.
Councilmember Brock reported on Nov 12 he had phone call with them,
Nov. 11 he met with Oceana neighborhood, on January 7, 2022, he talked
briefly on the phone, and sometime back in September, he had a breakfast
that was previously disclosed, but nothing since January 7, 2022.
Councilmember de la Torre met with Mr. Litman and his General Manager
to discuss the plan. On March 31st met with Mr. Litman to discuss
residence concerns and mitigations.
Councilmember Parra met with Mr. Litman on Sept. 1, 2021, and she had
one phone call before the last appeal, one call after the appeal, and a phone
call last night.
Members of the public Grant Shaffer, Stephanie Leimbach, Emily
McCarron, Laura Wilson (time donated by Elizabeth Lerer), Jacob Goren,
Peter Rogers, Jerry Rubin, and Elizabeth Van Denburgh spoke to the
recommended action.
Questions asked and answered included: would the applicant agree to not
advertise the restaurant as a separate restaurant; would there be separate
signage for the restaurant; would they be opposed to include that language
in the Conditional Use Permit (CUP); will there be a number made
available for neighbors to call if they have concerns; has the gate changed
over the past 62 years, or has it been updated; is the gate equivalent to
apartment gates; is there no plan to hold large events in this restaurant, if
approved; is the plan not to turn it into a nightclub or bar; is it possible to
reduce deliveries and still provide the restaurant with fresh, quality food;
when reports are filed annually, if there are non-compliance issues, can
staff change the CUP; can reports be requested more regularly than once a
year; what is the expectation of what should go into the annual report; how
would the hotel be branded differently from the downtown hotels; is it safe
to say that the hotel is being promoted as more of a quiet, peaceful hotel;
what is the plan to deal with large numbers of patrons waiting in the lobby,
and how are they planning to deal with lines forming on the street; what is
the relationship with the Elixir hotels; since the CUP runs with the land,
does that mean there can’t be a change in the language of the CUP; how
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much is parking per day; when guest come to the restaurant, would they
have to pay the daily parking rate; are there any discounts for locals or
seniors; are all employees provided parking; and, if someone wanted to
rent out the entire hotel, could they.
Considerable discussion ensued on topics including, but not limited to: not
advertising the restaurant separately; provide a 24 hour number for
residents to call with complaints, and keep track of those complaints;
reports go to biannual after the first year; consider thinking about how to
deal with long lines and large numbers of patrons waiting in the lobby; and,
consider reducing the amount for valet parking.
Motion by Councilmember Negrete, seconded by Councilmember Brock,
to adopt the determination that the proposal to open the Oceana Hotel’s
existing restaurant to the public is exempt under CEQA Guideline Section
15301 (Class 1) for Existing Facilities, in that the project involves the
operation, repair, maintenance, permitting, leasing, or licensing of an
existing hotel to extend its guest-only meal and alcoholic beverage services
to the public in its existing onsite restaurant. The motion was approved by
the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
introduce for first reading a proposed ordinance to amend Santa Monica
Municipal Code Section 9.08.020 to establish a Conditional Use Permit
(CUP) requirement for an existing legal, nonconforming hotel restaurant
located within the R2 and R3 zoning districts to request approval to provide
meal service to the general public, provided that certain criteria are met.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
Motion by Councilmember Negrete, seconded by Mayor Pro Tem
McCowan, to grant the appeals of Planning Commission’s denial of two
Conditional Use Permits associated with the Oceana Hotel’s request to 1)
provide meal service to the general public pursuant to the proposed text
amendment; and 2) modify the hotel’s existing alcohol CUP to provide
service to the general public.
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The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan,
NOES: Mayor Himmelrich, Councilmember Parra
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
approve Conditional Use Permits 20ENT-0237 and 21ENT-0090, with the
following amendments:
NEW
An on-site contact person shall be designated to serve as a neighborhood
liaison to address any neighborhood concerns related to the hotel
operations. Notification of the staff liaison and applicable contact
information, including telephone and email address, shall be provided to all
residents within a 300-foot radius of the subject site and local
neighborhood organizations prior to the commencement of the use on the
site, and at least once per year thereafter. The applicant shall track
complaints and how complaints are resolved and submit with the report
required in Condition #13.
Add to Condition #5:
The applicant shall not separately advertise the restaurant from the hotel.
No separate signage for the restaurant shall be permitted.
Add to Condition #13:
Consistent with the purpose of SMMC Section 9.41.080(B), the applicant
shall file a compliance report for three consecutive years, with the first
report filed within one (1) year after the effective date of this Conditional
Use Permit 21ENT-0900 to review the effective of and level of compliance
with the terms and conditions of this Conditional Use Permit. After three
consecutive years, the applicant shall file a compliance report on a bi-
annual basis thereafter.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
Motion by Councilmember Negrete, seconded by Councilmember Brock,
to approve the Statement of Official Action.
The motion was approved by the following vote:
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AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
ORDINANCES:
BOARDS AND
COMMISSIONS
7.A. Second Reading and Adoption of Ordinance No. 2700 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO CREATE THE HUMAN SERVICES
COMMISSION; REPEAL SANTA MONICA MUNICIPAL CODE
CHAPTERS 2.48, 2.56 AND 2.60, AND SUNSETTING THE
COMMISSION FOR THE SENIOR COMMUNITY, THE SOCIAL
SERVICES COMMISSION, AND THE COMMISSION ON THE
STATUS OF WOMEN UPON EFFECTIVENESS OF THIS
ORDINANCE”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis, 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 Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
CAMPAIGN
CONTRIBUTION LIMITS
7.B. Second Reading and Adoption of Ordinance No. 2701 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 11.04.050 OF THE CITY
ELECTIONS CODE TO ADJUST LIMITS ON CAMPAIGN
CONTRIBUTIONS TO CITY CANDIDATES”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Negrete, seconded by Councilmember Parra, 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
ST. JOHN’S
7.C. Second Reading and Adoption of Ordinance No. 2702 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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Councilmember Negrete was
excused at 9:54 p.m.
SANTA MONICA APPROVING DEVELOPMENT AGREEMENT NO.
11260 (CCS) BETWEEN THE CITY OF SANTA MONICA, A
MUNICIPAL CORPORATION, AND PROVIDENCE HEALTH
SYSTEM-SOUTHERN CALIFORNIA, A CALIFORNIA NON-PROFIT
RELIGIOUS CORPORATION, AS SOLE MEMBER OF PROVIDENCE
SAINT JOHN’S HEALTH CENTER, A CALIFORNIA NON-PROFIT
RELIGIOUS CORPORATION”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Councilmember Negrete recused herself to avoid a potential conflict of
interest.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
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, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
MILITARY EQUIPMENT
USE POLICY
Councilmember Negrete
returned at 9:55 p.m.
7.D. Introduction and First Reading of an Ordinance Approving the
Military Equipment Use Policy, was presented.
Recommended Action
Staff recommends that the City Council
1. Introduce for first reading the attached ordinance to approve the
military equipment use policy in compliance with Assembly Bill
481.
2. Direct staff to bring the military equipment use policy to the Public
Safety Reform and Oversight Commission so that the Commission
has an opportunity to provide input before the ordinance approving
the military equipment use policy returns to Council.
Member of the public Jonathan Foster spoke to the recommended action.
Questions asked and answered of staff included: after this first adoption, is
there any issue with adding the Public Safety Reform Oversight
Commission to be included when making this decision; does the city still
have the BearCat, and is it considered military equipment; do we have
inventory that we have, but is rarely used; are there other tools not listed
that are considered military, and, if there are changes, does the 180 days
deadline affect this.
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Councilmember de la Torre
out at 10:14 p.m.
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with the amendment to the Section 4 (B),
add, available to the Public Safety Reform Oversight Committee to be
specifically notified, and publicly available on its internet website for as
long as the military equipment for use. The motion was approved, as
amended 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 Parra, seconded by Councilmember Brock, to
direct staff to bring the military equipment use policy to the Public Safety
Reform and Oversight Commission so that the Commission has an
opportunity to provide input before the ordinance approving the military
equipment use policy returns to Council.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
STAFF
ADMINISTRATIVE
ITEMS:
HOUSING ELEMENT
Councilmember de la Torre
returned at 10:19 p.m.
8.A. Progress Update and Discussion on Revisions to 6th Cycle
Housing Element Update and Modification of Professional Services
Agreement with Wood LLC to Provide Additional Scope of Work for
the Housing Element EIR, was presented.
Recommended Action
Staff recommends that City Council:
1. Authorize the City Manager to negotiate and execute a second
modification to Agreement No. 11112 in the amount of $213,041
and extend the term by one additional year with Wood LLC, a
professional environmental consulting company based in
Washington D.C., to provide additional environmental consulting
services for the Housing Element Environmental Impact Report
(EIR). This will result in a three-year amended agreement with a
new total amount not to exceed $580,427;
2. Receive an update on the status of responses to comments on the
adopted 6th Cycle Housing Element Update; and
3. Direct the City Manager to submit a letter advocating for legislative
changes to provide for additional time beyond October 15, 2022 to
complete rezoning.
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Member of the public Keith D. Robinson commented on the recommended
action.
Questions asked and answered of staff included: what is the real impact of
SB35, especially since we already meet most of their criteria; do they want
an affordable housing overlay all over the city; how are we protecting the
more diverse and affordable parts of the city from being densified even
further or for taking the brunt of the affordable Regional Housing Needs
Allocation (RHNA) requirement; who is looking at the impacts on city
services with the increase of building all of this additional housing, and
who is going to pay for this; and, is there any hope on the distant horizon
once all of this is done.
Considerable discussion ensued on topics including, but not limited to, the
city is not willing to rezone right now, given these circumstances that
nothing is acceptable.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to authorize the City Manager to negotiate and execute a second
modification to Agreement No. 11112 in the amount of $213,041 and
extend the term by one additional year with Wood LLC, a professional
environmental consulting company based in Washington D.C., to provide
additional environmental consulting services for the Housing Element
Environmental Impact Report (EIR). This will result in a three-year
amended agreement with a new total amount not to exceed $580,427. 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 Brock, seconded by Councilmember Negrete,
to receive an update on the status of responses to comments on the adopted
6th Cycle Housing Element Update; and, direct the City Manager to submit
a letter advocating for legislative changes to provide for additional time
beyond October 15, 2022 to complete rezoning. 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
AGENDA
MANAGEMENT
On the order of the Mayor, in accordance with the Council Rules to not
hear any new items after 11:00 p.m.
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Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan,
to continue with hearing the remainder of the agenda. The motion was
unanimously approved by voice vote, with all members present.
PUBLIC HEARINGS:
21ST STREET
Councilmember Negrete
excused at 11:02 p.m.
9.A. Public Hearing and Adoption of Resolution No. 11414 (CCS)
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA VACATING A PORTION OF 21ST STREET
BETWEEN SANTA MONICA BOULEVARD AND BROADWAY, IN
THE CITY OF SANTA MONICA, CALIFORNIA”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve the
proposed partial vacation with conditions of 21st Street between
Santa Monica Boulevard and Broadway for the Public Works
Department;
2. Confirm the determination that the environmental impacts of the
vacation with conditions of a portion of 21st Street directly adjacent
to the Providence Saint John’s (“Providence” or “Saint John’s”)
campus were analyzed in the Final Environmental Impact Report
certified by City Council on March 22, 2022; and
3. Adopt the attached resolution ordering the vacation with conditions.
Councilmember Negrete recused herself on this item in order to avoid a
potential conflict of interest.
There was no public comment on this item.
Questions asked and answered of staff included, who decides the naming of
the streets.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to hold a public hearing, receive public comment, and approve the proposed
partial vacation with conditions of 21st Street between Santa Monica
Boulevard and Broadway for the Public Works Department. The motion
was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Parra, seconded by Mayor Pro Tem McCowan,
to confirm the determination that the environmental impacts of the vacation
with conditions of a portion of 21st Street directly adjacent to the
Providence Saint John’s (“Providence” or “Saint John’s”) campus were
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analyzed in the Final Environmental Impact Report certified by City
Council on March 22, 2022. The motion was approved by the following
vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Parra, seconded by Councilmember Brock, to
adopt the attached resolution ordering the vacationing of a portion of 21st
Street between Santa Monica Boulevard and Broadway, with conditions.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
WATER REPORT
Councilmember Negrete
returned at 11:11 p.m.
9.B. Public Hearing and Adoption of Resolution No. 11415 (CCS)
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING THE 2022 ANNUAL WATER
SHORTAGE ASSESSMENT REPORT”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing and receive public comment for the proposed
2022 Annual Water Shortage Assessment Report; and
2. Approve the attached resolution adopting the 2022 Annual Water
Shortage Assessment Report.
Member of the public Denise Barton, spoke to the recommended action.
Questions asked and answered of staff included, how deep and or large is a
water cubic acre foot, and how many acre feet do we use in Santa Monica
during an average year.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the attached resolution adopting the 2022 Annual Water
Shortage Assessment Report.
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
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ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
LATION/HISPANIC
HERITAGE MONTH
Councilmember de la Torre
excused at 11:20 p.m.
13.A. Request of Councilmembers Negrete, and Parra that, to
enhance Latino/Hispanic heritage month and resident/family-focused
programming on the Santa Monica Pier, Council direct staff to: (1)
waive fees associated with the partial use of the parking lot on the
Santa Monica Pier to support the annual Santa Monica Classic Car
Show on the Santa Monica Pier tentatively scheduled for September
10, 2022 from 9-5 pm presented by the Pico Youth and Family Center;
and (2) allocate up to $5,000 of Council discretionary funds to
reimburse the Pico Youth and Family Center for documented
expenditures to support sound, entertainment, and promotional
materials for this event that will be free and open to the public, was
presented.
Councilmember de la Torre recused himself because of his relationship
with the Pico Youth and Family Center.
There was no public comment on this item.
Motion by Councilmember Parra, seconded by Councilmember Negrete, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
COUNCIL TRAVEL
Councilmember de la Torre
returned at 11:24 p.m.
13.B. Request of Councilmember Brock that the City Council
authorize use of his travel funds to attend the 2022 California Contract
Cities Association Annual Municipal Seminar taking place May 12-15,
2022 in Indian Wells, California. The California Contract Cities
Association will be providing a 50 percent discount on registration, was
presented.
There was no public comment on this item.
Motion by Councilmember de la Torre, seconded by Councilmember Parra,
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
HYBRID MEETINGS 13.C. Request of Councilmembers Brock and Parra that the City
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Manager, as part of the budget study session that is scheduled for May
24, 2022, provide information on what is (i.e., staffing, technology, and
any other resources) to support hybrid City Council and Board and
Commission meetings that would allow the public to provide public
comment both in person and remotely. The City Manager is also being
asked to provide information on the timeline to transition to hybrid
meetings, was presented.
Members of the public Denise Barton and Jonathan Foster, spoke on the
recommended action.
Motion by Councilmember Brock, seconded by Councilmember Brock, 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
COUNCIL
DISCRETIONARY FUNDS
13.D. Request of Mayor Pro Tem McCowan and Councilmember
Davis that the City Council allocate $25,000 of discretionary funds to
Community Corporation of Santa Monica to support the upcoming
marketplace at Brunson Terrace, located at 1819 Pico Blvd., an
affordable housing property that will include commercial space for
local Pico-based businesses, pop ups, workshops, and more. The
marketplace was created in response to Pico community stakeholders
expressing the need for an affordable, small business space, was
presented.
There was no public comment on this item.
Motion by Councilmember Negrete, seconded by Councilmember de la
Torre, to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmember Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
5K WALK RUN
CHALLENGE
13.E. Request of Mayor Pro Tem McCowan and Councilmember
Negrete that the City Council approve the (1) waiving of fees
associated with the partial use of the Pier deck parking lot on
Thursday, May 26, 2022 from 5 – 8 pm for the Rick Crocker 5K Walk
Run Challenge sponsored by the Police Activities League (PAL) and
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(2) allocate up to $5,000 of discretionary funds to reimburse PAL for
documented expenditures to support sound, entertainment and seating
for this event which will be free and open to the public, was presented.
There was no public comment on this item.
Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, 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
PUBLIC INPUT: Members of the public Laura Wilson, Denise Barton, Jonathan Foster, and
Elizabeth Lerer commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:48 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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