m20220510 1 May 10, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 10, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:32 p.m.,
on Tuesday, May 10, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin
Newsome at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich (attended via phone)
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Absent: 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 Pro Tem, the City Council convened at 5:32 p.m.,
with all members present, with Mayor Himmelrich, and Councilmember
Parra absent. Councilmember Negrete 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 Pro Tem, the City Council recessed at 5:36 p.m., to
consider closed sessions and returned at 8:00 p.m., with all members
present, except Councilmember Parra, to report the following:
1.A. Conference with Labor Negotiator: Government Code Section
54957.6 -- Agency Designated Representatives: City Manager David
White and Chief People Officer Lori Gentles; Bargaining Units: ATA-
Administrative Team Associates; IBT-California Teamsters Local 911;
FEMA-Santa Monica Fire Executive Management Association; FIRE-
Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal
Employees Association; AFSCME Local 4819, Management Team
Association; PALSSU-Public Attorneys’ Legal Support Staff Union;
PAU- Public Attorneys Union; POA-Santa Monica Police Officer
Association; SMART TD-The International Association of Sheet
Metal, Air, Rail, and Transportation Division, Local 1785; STA-
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Supervisory Team Associates; Coalition of Santa Monica City
Employees.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.B. Public Employee Appointment:
Title – City Attorney
The Interim City Attorney advised this matter was heard with no reportable
action taken.
AGENDA
MANAGEMENT
The Mayor Pro Tem announced that Items 6.A and 6.B. were being
postponed at the request of the applicants/appellants.
The Mayor Pro Tem requested Agenda Management to have Item 8.A.
heard immediately after the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember Negrete to
hear Item 8.A. before the Consent Calendar. 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
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: May 2022 as Asian American and Pacific
Islander (AAPI) Heritage Month, was presented.
2.B. Proclamation: Public Works Week (May 15-21), was presented.
2.C. Proclamation: National Foster Care Month, was presented.
2.D. City Manager Report, was presented.
Member of the public John Alle (time donated by Kim B) spoke on the City
Manager’s report.
REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he traveled to Palm Desert for the
Southern California Association of Governments Regional Conference and
General Assembly May 5 – 6 to attend conferences on Homelessness, to
discuss ways to provide housing for those in need, community free,
accessible internet, and networked with Mayors from other local cities.
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
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reading of title only unless a Councilmember present dissents.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton commented on various Consent
Calendar items.
Motion by Councilmember Negrete, seconded by Councilmember Davis, to
approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof. 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
WARRANTY SUPPORT
SERVICES
3.A. Approval of 13th Modification to Contract with Vontas
(formerly Trapeze) for Computer Automated Dispatch/Automatic
Vehicle Locator (CAD-AVL) Warranty Support Services, was
approved.
Recommended Action
Staff recommends that City Council authorize the City Manager to
negotiate and execute a 13th modification to agreement #8153 in the
amount of $720,953 with Vontas, a subsidiary of Trapeze, Inc., to extend
the warranty maintenance of the TransitMaster computer-aided
dispatch/automated vehicle location (CAD/AVL) system for two additional
option years to allow time to implement a new CAD/AVL system procured
through a competitive process while ensuring the current system is
supported. This would extend maintenance of the TransitMaster system
through June 30, 2025, and result in a new total contract amount not to
exceed $6,802,431 with future year funding contingent on Council budget
approval.
HOMELAND SECURITY
GRANT FUNDS
3.B. Authorization to accept the 2021 Urban Area Security Initiative
(UASI) Grant Funds for Homeland Security Projects and enter into
Subrecipient Agreement No. 11262 (CCS) with the City of Los Angeles,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount
of $1,869,845 from the 2021 Urban Area Security Initiative (UASI)
for homeland security projects in the Fire and Information Services
Departments, and for authority to accept all associated grant
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renewals.
2. Authorize the City Manager to execute all necessary documents to
accept the grant, grant modifications, and all associated grant
renewals.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
TELEPHONY SERVICES 3.C. Approval of First Modification to Agreement with Windstream
Communications for Telephony Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10460 in the
amount of $247,500 (including 10% contingency) with Windstream
Communications for telephony services for the City of Santa Monica. This
will result in an amended agreement with a new total amount not to exceed
$584,500, for a new 8-year agreement, with two additional 1-year renewal
options for a total 10-year agreement not to exceed $584,500. 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 $584,500 with future year funding contingent on Council budget
approval.
INSURANCE
BROKERAGE SERVICES
3.D. Approval of First Modification to Agreement with Alliant
Insurance Services, Inc. for Property Insurance Brokerage Services,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10433 in the
amount of $267,000 with Alliant Insurance Service, Inc. for property
insurance brokerage services. This will result in an eight-year amended
agreement with a new total amount not to exceed $692,000, with future
year funding contingent on Council budget approval.
AFFORDABLE HOUSING 3.E. Approval of Barnard Park Villas Rehabilitation and Extension
of Affordability, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Disposition and Development Agreement No. 11263
(CCS) (DDA) and implementing documents based on the attached Term
Sheet (Attachment A) with regard to the Barnard Park Villas senior
affordable housing development.
AFFORDABLE HOUSING 3.F. Adoption of Resolution No. 11416 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA
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MONICA AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR LOCAL HOUSING TRUST FUND PROGRAM MATCHING
GRANT FUNDING”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application for grant
funds in an amount not to exceed $5M from the California State
Department of Housing and Community Development for the 2022
round of Local Housing Trust Fund Program Matching Grant
Funding (Attachment A) in the Community Services Department.
2. Authorize the City Manager to execute all necessary documents to
apply for the grant, accept the grant, if awarded, and accept all grant
renewals, if awarded.
TELECONFERENCE
MEETINGS
3.G. Adoption of Resolution No. 11417 (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 adopted.
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 June 9,
2022.
COUNCIL RULES 3.H. Adoption of Resolution No. 11418 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS
AND REPEALING RESOLUTION NUMBER 11360 (CCS)”, was
adopted.
Recommended Action
Staff recommends that the City Council adopt the attached proposed
resolution amending the City Council’s Rules of Order and Procedure.
MINUTES 3.I. Minutes of City Council - Special Meeting - April 26, 2022
4:30 PM, were approved.
MINUTES 3.J. Minutes of City Council - Regular Meeting - April 26, 2022
5:30 PM, were approved.
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STAFF
ADMINISTRATIVE
ITEMS:
CITY ATTORNEY
APPOINTMENT
8.A. Appointment of City Attorney and Authorization to Execute
Agreement No. 11264 (CCS), was presented.
Recommended Action
Staff recommends that Council:
1. Appoint Douglas Sloan as City Attorney commencing on June 6,
2022; and
2. Authorize the Mayor to execute employment Agreement No. 11264
(CCS) with Mr. Sloan for his service as City Attorney.
Member of the public Jerry Rubin, spoke on the recommended action.
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
appoint Douglas Sloan as City Attorney commencing on June 6, 2022; and
authorize the Mayor to execute an employment agreement with Mr. Sloan
for his service as City Attorney. 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
ADMIN. PROCEEDINGS:
438 SAN VICENTE BLVD.
6.A. Appeal of Planning Commission Approval of Conditional Use
Permit and Minor Modification for Expansion of Carlthorp School,
438 San Vicente Blvd, was continued at the request of the
applicant/appellant.
Recommended Action
Staff recommends the City Council:
1. Deny Appeal 20ENT-0275 and approve Conditional Use Permit
19ENT-0250 and Minor Modification 20ENT-0066 for a 7,280
square foot expansion to the Carlthorp School, rooftop playcourt,
and 0.29% increase to the allowable ground floor parcel coverage,
based upon the findings and analysis outlined in this report.
2. Adopt the CEQA Findings in this Staff Report under “Compliance
with California Environmental Quality Act.”
305 SAN VICENTE 6.B. Appeal of Landmarks Commission Decision to Deny
Application to Designate 305 San Vicente as a City Landmark, was
continued at the request of the applicant/appellant.
Recommended Action
Staff recommends that the City Council:
1. Deny Appeal 20ENT-0247, appeal of the Landmarks Commission’s
decision to deny the designation of the property at 305 San Vicente
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Boulevard as a City Landmark; and
2. Deny Designation Application (20ENT-0119) to designate the
property located at 305 San Vicente Boulevard as a City Landmark
based on the revised findings contained in this report.
ORDINANCES:
ZONING
Mayor Himmelrich excused
at 8:48 p.m.
7.A. Second Reading and Adoption of Ordinance No. 2703 (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 ESTABLISH A CONDITIONAL USE PERMIT
REQUIREMENT TO ALLOW A LAWFUL NONCONFORMING
HOTEL RESTAURANT LOCATED WITHIN THE R2 OR R3 ZONING
DISTRICT THAT MEETS MINIMUM REQUIREMENTS TO PROVIDE
MEAL AND ALCOHOL SERVICE TO THE GENERAL PUBLIC”, was
presented.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Negrete, 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,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
ECONOMIC RECOVERY 7.B. Introduction and First Reading of Ordinance Extending Santa
Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot
Program; Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2704 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING AND EXTENDING INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM
ZONING ORDINANCE NUMBER 2674 (CCS) AND EXTENDED BY
EMERGENCY INTERIM ZONING ORDINANCE 2678 (CCS)
AUTHORIZING TEMPORARY USE OF PRIVATE OUTDOOR SPACE;
TEMPORARY PERMITTED USES FOR EMERGENCY SHELTERS,
PUBLIC SAFETY FACILITIES, AND DRIVE-THROUGH FACILITIES
FOR COVID-19 TESTING AND VACCINATION PURPOSES; AND
FLEXIBILITY IN ISSUANCE OF TEMPORARY USE PERMITS AND
ALCOHOLIC BEVERAGE SALES”; and Adoption of Resolution No.
11419 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING THE WAIVER OF
CERTAIN FEES ON A TEMPORARY BASIS TO FURTHER
STIMULATE ECONOMIC RECOVERY,” was presented.
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Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance to amend Santa Monica
Municipal Code Chapter 6.40 Santa Monica Outdoors Pilot
Program by extending the term of the pilot program through
September 30, 2022.
2. Adopt a resolution to authorize the extension of fee waivers or, if
applicable, reductions, through September 30, 2022 for monthly
outdoor dining license fees, monthly licensing fees for businesses
with permits under Santa Monica Municipal Code Chapter 6.40,
outdoor fitness fees in City Parks and the Beach, and certain
temporary use permits.
3. Introduce and adopt an Emergency Interim Zoning Ordinance
amending and extending interim zoning regulations established by
Emergency Interim Zoning Ordinance Number 2674 (CCS) and
extended by Emergency Interim Zoning Ordinance 2678
authorizing temporary use of private outdoor space for commercial
activity and extending certain zoning changes necessary for
continued emergency response and economic recovery.
Members of the public Jerry Rubin and Denise Barton spoke to the
recommended action.
Question asked and answered of staff included, there was a survey going
around, is that still going.
Discussion ensued on topics including, but not limited to, appreciation for
the outdoor dining option, and hope that it continues.
Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, to introduce and hold first reading of the ordinance reading by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to adopt a resolution to authorize the extension of fee waivers or, if
applicable, reductions, through September 30, 2022 for monthly outdoor
dining license fees, monthly licensing fees for businesses with permits
under Santa Monica Municipal Code Chapter 6.40, outdoor fitness fees in
City Parks and the Beach, and certain temporary use permits. 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: None
ABSENT: Councilmember Parra, Mayor Himmelrich
Motion by Councilmember Negrete, seconded by Councilmember Brock,
to introduce and adopt an Emergency Interim Zoning Ordinance amending
and extending interim zoning regulations established by Emergency Interim
Zoning Ordinance Number 2674 (CCS) and extended by Emergency
Interim Zoning Ordinance 2678 authorizing temporary use of private
outdoor space for commercial activity and extending certain zoning
changes necessary for continued emergency response and economic
recovery. The motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
COUNCILMEMBER
DISCUSSION ITEMS:
RECREATION AND
PARKS COMMISSION
13.A. Recommendation to accept Marcy Kaplan's resignation from
the Recreation and Parks Commission and authorize the City Clerk to
publish the vacancy, was presented.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
accept the resignation with regret. The motion was approved the following
vote:
AYES: Councilmember Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
NONMEDICINAL
CANNABIS
13.B. Request of Councilmembers Negrete, de la Torre, and Brock
that the City Manager schedule a study session as soon as practicable
regarding whether to allow for the sale of nonmedicinal cannabis in the
City of Santa Monica, as the City currently allows for the sale of
medicinal cannabis. The study session shall include suggested
Municipal Code changes, as well as options for City Council direction
on potential locations, permitting process, social equity provisions to
make legal cannabis business ownership and employment
opportunities more accessible to low-income individuals and
communities most impacted by the criminalization of cannabis, and
any other regulatory restrictions as may be appropriate, including the
maximum number of medicinal and nonmedicinal cannabis
establishments in the City that are recommended. Finally, the study
session shall also include municipal code changes that are necessary to
allow for Cannabis-themed special events in specified locations in the
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City, was presented.
Member of the public Jonathan Foster, spoke on the recommended action.
Considerable discussion ensued on topics including, but not limited to: a
portion of the tax should go to substance abuse treatment; focus on the
selection process to include small, local business owners; strong
community services; and, look at other cities to see how to get local
revenues.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan,
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
HOUSING COMMISSION 13.C. Request of Mayor Himmelrich and Councilmembers Brock and
Davis that City Council suspend the meetings of the Housing
Commission until City Council considers its annual appointments in
June 2022. Once the Housing Commission resumes meeting following
the appointments, it shall immediately hold elections for Chair and
Vice Chair, was presented.
Members of the public Olga Zurawska (time donated by Denise Barton),
Theresa Marasco (time donated by Michael Louis), Michelle Gray (via
John Alle), and David Morris, spoke on the recommended action.
Considerable discussion ensued on topics including, but not limited to: the
commission can continue to meet monthly, but the entire commission needs
to agree on the Chair and Vice Chair; the hostility and abuse to city staff
needs to stop, they are only there to help; the commission needs to start
being civil amongst its own membership, and if there are disputes, the
commission will need to resolve them amongst themselves; maybe there
needs to be some facilitation and mediation amongst members to help them
define their work and help them move it forward; hold off on any sort of
retreat or open dialogue until after the appointments in June, and there’s a
full commission; because this is a Brown Act body, the commission will
still need to meet all of the noticing requirements, even without designated
staffing, and Councilmember de la Torre offered himself to assist with any
mediation, if needed.
After considerable discussion, the Council decided to allow the commission
to continue meeting monthly, with the Chair Pro Tem taking the lead
establishing the agenda, and to not depend on staff to act as the mediator if
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conflict happens amongst the commissioners.
There was no action taken on this item.
THIRD STREET
PROMENADE
13.D. Request of Councilmember Brock that the City Manager return
with a Study Session on an expedited basis with a report on the status
of existing safety and security of the Third Street Promenade, parking
garages, and surrounding areas in downtown Santa Monica including
potential options to enhance the safety and security of residents,
workforce, and visitors, was presented.
Members of the public Jerry Rubin, Denise Barton and Johnathan Foster,
spoke on the recommended action.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommendation, as soon as practicable, with an
amendment to defer to the City Manager to bring back as a Study Session
or a series of staff reports. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
PUBLIC INPUT: Members of the public David Morris, Johnathan Foster and Theresa
Marasco commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:24 p.m.
in memory of Iao Katagiri.
ATTEST: APPROVED:
Denise Anderson-Warren Kristin McCowan
City Clerk Mayor Pro Tem
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