m20220927 1 September 27, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 27, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:33 p.m.,
on Tuesday, September 25, 2022, at City Council Chambers, 1685 Main Street, 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
Also Present: City Manager David White
City Attorney Douglas Sloan
Assistant City Clerk Nikima S. 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.
AGENDA
MANAGEMENT
A motion was made by Councilmember Davis and seconded by Mayor Pro
Tem McCowan to hear Item 4.A. prior to public input. The motion passed
by acclamation.
PROCLAMATIONS/
COMMENDATIONS
4.A. Commendations: Santa Monica Little League 16U All-Stars,
was presented.
GENERAL PUBLIC
INPUT:
Members of the public Jerry Rubin, Denise Barton, Olga Zurawska,
Theresa Marasco, David, Morris, Johnathan Foster, Jayson Gladstone,
Mark Mollica, Anthony Mollica, Michelle Gray, John Berry, Jesus, Keith
Brown, William Cobian, Luis Tabares, Joel Martinez, Randy Metz (on
behalf of Chris Rink), and Harvey Eder commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public George Centeno, Craig Miller (Ana), Miranda
McLaughlin-Basseri, Michelle Wittig, Rev. Janet McKeithen, Joanne
Berlin, Ericka Lesley, Brian, Robbie Jones, Samantha Mota, and Angela D.
Scott commented on closed session items.
Member of the public Denise Barton commented on special agenda items.
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Members of the public Michell Gray and Denise Barton commented on
consent calendar items.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 7:08 p.m., to consider
closed sessions and returned at 9:09 p.m., with all members present, to
report the following:
3.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): NMS 1539, LLC et al. v. City of Santa Monica,
et al., Central District of California Case No. 2:20-cv-11318-FLA-JPR
The City Attorney advised this matter was heard with no reportable action
taken.
3.B. Conference with Legal Counsel – Anticipated Litigation:
Significant Exposure to Litigation pursuant to Gov. Code §
54956.9(d)(2) (2 cases)
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
4.B. City Manager Report, was presented.
Update on:
1. Permanent Parklet / Outdoor Dining transition
Motion by Councilmember Negrete , seconded by Councilmember Parra to
direct staff to return to Council with a Study Session pertaining to
particular issues with the program in October. The motion was approved
by acclamation.
2. Proposed by-right development project at Ocean Park and Lincoln Blvd
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.
At the request of Councilmember Brock, Item 5.C. was removed from the
Consent Calendar.
At the request of Councilmember Parra, Item 5.E. was removed from the
Consent Calendar.
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Motion by Councilmember Brock, seconded by Mayor Himmelrich, to
approve the Consent Calendar except for Items 5.C and 5.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
PACIFIC PARK 5.A. Approval of Amended and Restated Lease No. 11317 (CCS)
with Pacific Park at 380 Santa Monica Pier, was approved.
Recommended Action
Staff recommends that the City Council:
1. Make a determination that the actions to execute a new Amended
and Restated Lease Agreement and waive Pier Leasing Guideline’s
competitive procurement requirement as set forth in recommended
actions #2 and #3 are exempt under CEQA guideline 15061(b)(3)
and 15302.
2. Authorize the City Manager to negotiate and execute a new
Amended and Restated Lease Agreement with EPR Parks, LLC
(Tenant) with respect to Pacific Park to extend the term of the lease,
provide an additional two 10-year extension options to extend the
term up to May 25, 2070, allow alcohol service subject to
regulatory approvals, and incorporate additional new business terms
as outlined in a Draft Term Sheet negotiated by the parties; and
3. Waive the Pier Leasing Guidelines competitive procurement
requirement in granting the extension of lease term.
POLICE CADET
PROGRAM
5.B. Approval of Fiscal Year 2022-23 Appropriation of Revenue and
Expenditure Budgets for Donations Made to the We Are Santa Monica
Fund to Support the Santa Monica Police Cadet Program, was
approved.
Recommended Action
Staff recommends that the City Council authorize budget changes as
outlined in the Financial Impacts & Budget Actions section of this report to
appropriate funds donated to the We Are Santa Monica Fund to expand the
Police Cadet Program.
SOFTWARE LICENSES 5.D. Approval of Second Modification with Insight Public Sector,
Inc. for Microsoft Enterprise Agreement, was approved.
Recommended Action
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Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10933 in the
amount of $2,400,000 (including 10% contingency) with Insight Public
Sector, Inc. for the purchase of Microsoft software licenses, including
software license upgrades and license planning services for the Information
Services Department. This will result in a 6-year amended agreement with
a new total amount not to exceed $4,900,000, with future year funding
contingent on Council budget approval.
JOB CLASSIFICATIONS 5.F. Adoption of Salary Resolution No. 11463 (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: COMMUNICATIONS AND PUBLIC
INFORMATION MANAGER, FIREFIGHTER – PREVENTION
(LATERAL TRANSFER), JUNIOR POOL LIFEGUARD, MOTOR
COACH OPERATOR TRAINEE, RECYCLING ASSISTANT,
STUDENT WORKER, TRADES INTERN, AND VIDEO STUDENT
INTERN”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Salary
Resolution to establish a title change for an existing job classification and
salary rates for various job classifications described herein.
WEB SERVICES 5.G. Approval of a Purchase Order for the use Amazon Web
Services (AWS), was approved.
Recommended Action
Staff recommends that the City Council authorize the City to issue a
purchase order with DLT Solutions, a Tech Data Company, for Amazon
Web Services (AWS) for the Information Services 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 $1,237,500 (including a 10% contingency of $112,500), over a five-
year period, with future year funding contingent on Council budget
approval.
MINUTES 5.H. Minutes of City Council - Regular and Special Joint Meeting -
September 13, 2022 5:30 PM, were approved.
COUNCIL PUBLIC INPUT
PILOT
5.C. Approval to Extend the Council Public Input Pilot Until March
2023, was presented.
Recommended Action
Staff recommends that City Council extend the pilot program consolidating
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general public input and public comment on agenda items prior to Closed
Session and after the Consent Calendar from December 31, 2022 to March
31, 2023.
Councilmember Brock pulled this item to hear a brief staff report on the
merits of the item.
Motion by Councilmember de la Torre, seconded by Councilmember Brock,
to not extend the public input pilot until March and to end it December
31,2022. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Parra
NOES: Councilmember Davis, Mayor Pro Tem McCowan,
Mayor Himmelrich
ABSENT: None
HOMELAND SECURITY
GRANTS
Councilmember Parra was
excused at 9:29 p.m.
5.E. Approval to Accept State Homeland Security grant funds to
provide a countywide, emergency management training program
serving all Santa Monica staff, all Operational Area cities, County
departments, and special districts within the County of Los Angeles for
the reporting period 2022 through 2025, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept federal grant funds allocated
by the Department of Homeland Security to the State Homeland
Security Grant Program. The State of California awarded the funds
to the City of Santa Monica to provide a countywide, emergency
management training program serving all Santa Monica staff, all
Operational Area cities, County departments, and special districts
within the county of Los Angeles. On behalf of the Los Angeles
Operational Area, the City will accept two federal grants totaling
$565,000 starting in 2022 and concluding at the end of the
performance period in 2025.The two State Homeland Security
Grants are titled as follows: State Homeland Security Grant fiscal
year 2021 through 2023, and State Homeland Security Grant, fiscal
year 2022 through 2024.
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals. Authorize budget changes as
outlined in the Financial Impacts & Budget Actions section of this
report.
Councilmember Parra pulled this item to recuse herself due to her work in
emergency management.
Motion by Councilmember de la Torre, seconded by Councilmember Brock,
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to adopt the staff recommendation. 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
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Councilmember Parra
returned to the dais at 9:30
p.m.
Members of the public John Alle (Johnnie), Ho Nguyen (Simone Chung),
Steve Chung, Donald Girard, John C. Smith, Debbie Guerra, Paren
Knadjian, Jordan Davis, and Benjamin Tillis commented on Item 7.A.
Members of the public Isis McDowell and Matthew Lieberman commented
on Item 10.C.
STUDY SESSION:
MEMORIAL PARK
7.A. Memorial Park Expansion, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review and comment on restarting the Memorial Park
Redevelopment and Expansion Project with a reduced initial phase
that is still in line with the approved master plan;
2. Provide direction to staff to reengage Santa Monica College (SMC)
and Santa Monica-Malibu Unified School District (SMMUSD) in
negotiations for potential fiscal and use agreements; and
3. Direct staff to study possible temporary relocation sites for the
Public Landscape Division’s operation yard and return with a
recommended alternative.
Questions asked and answered of staff included what can be done for
pickleball enthusiasts as they await the construction of new courts; has
there been any discussion about rooftop courts at SMC; would natural turf
decrease construction costs; be a more economical option; is the proposal to
remove the children’s playground due to a lack of space or money; would
there be space for the playground if there was funding; what is planned for
the existing Little League fields; what is the anticipated usage for the public
versus SMC; bathroom availability; how many cars will fit in the new
parking lot; what is the cost of potentially remediating the lumberyard and
previous retail building; where was the Public Landscape Division housed
prior to purchasing the old Fisher Lumber building and where is that parcel
still available; how many staff, vehicles and materials are located there; are
there any other sites available to house Public Landscape Division; will
phase one be sufficient to our needs; is there a possibility to re-engage
SMMUSD as another possible funding source; and would there be any lost
revenue cost in relocation Public Landscape.
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Considerable discussion ensued on topics including, but not limited to the
growth of pickleball and where it can best be accommodated; taking into
concern the needs of tennis enthusiasts; addressing the need for
unprogrammed open space to meet the needs for more housing and the
growth in population; if there anyway to reinstate a children’s playground it
should happen; appreciation that infrastructure is being fairly distributed to
other areas other than the Pico Neighborhood; and using the We are Santa
Monica fund to possibly fund the children’s playground as well as
public/private partnerships
Motion by Mayor Himmelrich, seconded by Councilmember Brock, to
provide direction to staff to reengage Santa Monica College (SMC) and
Santa Monica-Malibu Unified School District (SMMUSD) in negotiations
for potential fiscal and use agreements. The motion was unanimously
approved by voice vote by all members present.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to
direct staff to study possible temporary relocation sites for the Public
Landscape Division’s operation yard and return with a recommended
alternative. The motion was unanimously approved by voice vote by all
members present.
ADMIN. PROCEEDINGS:
305 SAN VICENTE
Councilmember Brock was
excused from the dais at
12:08 a.m.
Mayor Pro Tem McCowan
left the meeting at 12:11 a.m.
9.A. Appeal of Landmarks Commission Decision to Deny
Application to Designate 305 San Vicente as a City Landmark, was
presented.
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
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 findings contained in this report.
3. If the City Council approves the appeal and the application to
designate the property as a City Landmark, as described in
“Alternative Actions” adopt the alternative findings under
“California Environmental Quality Act Compliance”.
Councilmember Brock recused himself from this item due to the proximity
to his residence.
Ex-parte Communication
No Councilmembers had any ex-parte communications to report.
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No members of the public spoke to the recommended action.
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 de la Torre, Negrete, Davis, Parra
Mayor Himmelrich
NOES: None
ABSENT: Councilmember Brock, Mayor Pro Tem McCowan
ORDINANCES:
MUNICIPAL CODE
SECTION 4.08.097
10.A. Second Reading and Adoption of Ordinance No. 2720 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 4.08.097 TO EXPAND TO OTHER LOCATIONS WITHIN
THE CITY OF SANTA MONICA”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember Negrete , 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, de la Torre,
Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan, Councilmember Brock
MILITARY EQUIPMENT
USE POLICY
Councilmember Brock
returned to the dais at 12:31
a.m.
10.B. Second Reading and Adoption of Ordinance No. 2721 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING A MILITARY EQUIPMENT USE
POLICY IN COMPLIANCEWITH ASSEMBLY BILL 481”, was adopted.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, 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 Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
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GREEN BUILDING CODE 10.C. Introduction and First Reading of an Ordinance amending the
Santa Monica Municipal Code and adopting Local Amendments to the
2022 California Green Building Code and adoption of Resolution No.
11464 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING
LOCAL CLIMATIC, GEOLOGICAL, TOPOGRAPHICAL AND
ENVIRONMENTAL CONDITIONS PURSUANT TO PUBLIC
RESOURCES CODE SECTION 17958.7, and 18941.5”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution that provides findings of local climatic,
geological, topographical, and environmental conditions as required
to adopt Santa Monica local amendments to the 2022 California
Green Building Standards Code;
2. Introduce for first reading the attached ordinance that amends the
Santa Monica Municipal Code (SMMC) by adding chapter 8.38
entitled, Zero Emission Building Code and amend Santa Monica
Municipal Code section 8.08.040 to allow the Building and Fire Life
Safety Commission to hear appeals related to the Zero Emission
Building Code;
3. Introduce for first reading the attached ordinance that adopts local
amendments to the 2022 California Green Buildings Standards Code
to support increased access to electric vehicle charging; and
4. Direct the City Manager to file the adopted resolution and ordinance
amending the Green Building Standards Code with the California
Building Standards Commission following the second reading of the
ordinance at least 30 days before the effective date of the Codes.
Questions asked and answered of staff included, how often does the State
look at the Codes and is the City considering hydrogen technology.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, 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 Parra, Davis, Negrete, Brock, de la Torre
Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
PUBLIC HEARINGS:
710 BROADWAY
12.A. Public Hearing and Adoption of Resolution No. 11465 (CCS)
entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
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Councilmember Parra was
excused at 12:58 a.m.
FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND
EQUIPPING OF A MULTIFAMILY RENTAL HOUSING PROJECT
LOCATED AT 710 BROADWAY, SANTA MONICA”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity
Fiscal Responsibility Act (“TEBFRA”) and the Internal Revenue
Code of 1986, as amended; and,
2. Adopt a resolution approving the issuance of California Municipal
Finance Authority bonds in an amount not-to-exceed $25,000,000
for the benefit of 710 Broadway Affordable LP or a related or
successor entity for the purpose of financing or refinancing the
acquisition, construction, improvement, and equipping of a
multifamily rental housing project located at 710 Broadway, Santa
Monica.
Member of the public Denise Barton, spoke to the recommended action.
Question asked and answered of staff included concerns with the issue fee.
Motion by Mayor Himmelrich, 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
Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra, Mayor Pro Tem McCowan
PEDESTRIAN MALL
Councilmember Parra
returned at 1:00 a.m.
12.B. Adoption of Resolution No. 11466 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING A PEDESTRIAN MALL ON A
PORTION OF FIRST COURT BETWEEN SANTA MONICA
BOULEVARD AND ARIZONA AVENUE, IN THE CITY OF
SANTA MONICA, CALIFORNIA” and a Public Hearing to Approve
the Establishment of a Pedestrian Mall on a Portion of First Court
between Santa Monica Boulevard and Arizona Avenue; and
Introduction and First Reading of an Ordinance modifying section
3.36.150 formally declaring First Court Promenade as a pedestrian
mall and prohibiting vehicular traffic thereon, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve
establishment of a pedestrian mall along a southern portion of 1st
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Court between Santa Monica Boulevard and Arizona Avenue
(“First Court Promenade”); and
2. Confirm the determination that the environmental impacts regarding
the establishment of First Court Promenade were analyzed in the
Final Environmental Impact Report certified by City Council on
July 14, 2022; and
3. Adopt the attached resolution ordering the establishment of First
Court Promenade.
4. Introduce an ordinance for first reading modifying section 3.36.150
of Chapter 3 of the Santa Monica Municipal Code to formally
declare First Court Promenade as a pedestrian mall; and prohibit
vehicular traffic thereon.
Member of the public Denise Barton, spoke to the recommended action.
Motion by Mayor Himmelrich, seconded by Councilmember de la Torre, to
adopt the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
COUNCILMEMBER
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
16.A. Recommendation to rescind the July 14, 2022, appointment of
Kelly Creffield to the Human Services Commission; and, consider new
appointment to the vacancy on the Commission with a term ending
June 30, 2025, was presented.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt
the staff recommendation. Appointment to the vacancy will occur at the
October 25th Council meeting.
The motion was approved by a unanimous voice vote, with Mayor Pro Tem
McCowan absent from the vote.
AIRPORT COMMISSION 16.B. Recommendation to accept Bruce Malarky's resignation from
the Airport Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
accept the resignation with regret.
The motion was approved by a unanimous voice vote, with Mayor Pro Tem
McCowan absent from the vote.
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MIXED-USE
DEVELOPMENT
PROJECT
16.C. Request of Councilmember Brock that the City Manager
provide City Council with an update on the proposed by-right mixed-
use development project at Ocean Park and Lincoln Blvd. The City
Manager is being asked to clarify a number of items and concerns
raised by the Santa Monica Coalition for a Livable City including, but
not limited to, the process for review and approval of the proposed
development project, status of the application for the proposed
development and the City’s review of the proposed project, the role of
the City Council and Planning Commission in the review process, ways
that the community can provide input, density bonus calculations, and
statutory timeframes, was pulled.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:07 a.m.
ATTEST: APPROVED:
Nikima S. Newsome Sue Himmelrich
Assistant City Clerk Mayor
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