m20220614 1 June 14, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 14, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:33 p.m.,
on Tuesday, June 14, 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 Doug Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:33 p.m., with all
members present. Mayor Pro Tem McCowan 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 5:36 p.m., to consider
closed sessions and returned at 6:51 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 Government Code
Section 54956.9(d)(1): Westin Rowland v. City of Santa Monica, U.S.
District Court Case No. 2:21-CV-05051-CAS (AFM).
The 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): Jerrid Powell v. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. 20STCV15438.
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This item was pulled and was not heard.
1.C. 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-
Supervisory Team Associates; Coalition of Santa Monica City
Employees.
The City Attorney advised this matter was heard with no reportable action
taken.
AGENDA
MANAGEMENT
On the order of the Mayor, it was announced that Item 13.F. was being
pulled by the requesting Councilmembers.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Juneteenth, was presented.
Member of the public Ericka Lesley spoke in support of this item.
2.B. City Manager Report, was presented.
Member of the public Denise Barton spoke on this item.
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.
There were no members of the public present for public comment on
various Consent Calendar items.
At the request of Councilmember Parra, Item 3.A was removed from the
Consent Calendar.
At the request of Councilmember Brock, Items 3.B and 3.E. were removed
from the Consent Calendar.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
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approve the Consent Calendar except for Items 3.A., 3.B., and 3.E. 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 WASTEWATER
MAIN REPLACEMENT
PROJECT ANNUAL
WATER MAIN
REPLACEMENT
PROJECT
3.C. Award Construction and Construction Management Contracts
for Annual Wastewater Main Replacement Project Annual Water
Main Replacement Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2638 to Steve Bubalo Construction Company to
provide construction services for the FY 2020/21 Annual
Wastewater Main Improvements Citywide Project (Project) for the
Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
11270 (CCS) with Steve Bubalo Construction Company in an
amount not to exceed $4,103,895 (including a $535,290
contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders with Steve Bubalo Construction Company to
complete additional work within contract authority;
4. Award RFP #SP2638 to Berg and Associates Inc. for construction
management services for the Project;
5. Authorize the City Manager to negotiate and execute Contract No.
11271 (CCS) with Berg and Associates Inc. to provide construction
management services for the Project in an amount not to exceed
$230,000.
OLYMPIC
RESTORATION AND
ARCADIA EXPANSION
PROJECT
3.D. Adoption of Resolution No. 11423 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING THE SECOND ADDENDUM TO THE INITIAL
STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE
OLYMPIC WELL FIELD RESTORATION AND ARCADIA WATER
TREATMENT PLANT EXPANSION PROJECT”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution to approve the second addendum to
the Initial Study and Mitigated Negative Declaration for the
Olympic Well Field Restoration and Arcadia Water Treatment Plant
Expansion Project to relocate groundwater recharge well SM-11i to
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the City Yards, add a potential second groundwater recharge well at
the City Yards, and replace the existing fence at the Arcadia Water
Treatment Plant.
2. Authorize the City Manager to negotiate and execute a first
modification to Professional Services Agreement #10873 in the
amount of $276,301 with GHD Inc. to provide additional owner’s
engineer services and construction support services for the Public
Works Department. This would result in a five-year amended
agreement with a new total amount not to exceed $1,527,401, with
future year funding contingent on Council budget approval.
BUILDING
OPTIMIZATION
SERVICES
3.F. Approval of Sixth Modification to Agreement 10667(CCS) with
Siemen's for the Smart Building Commissioning (SBCx) of the
Building Automation System (BAS), was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a sixth modification to agreement #10667(CCS) in
the amount of $290,000 (includes a 10% contingency) with Siemens
Industry Inc. (Siemens) to perform building optimization services for the
Public Safety Facility (PSF), City Hall, and Main Library. This would
result in a five-year contract with a new total amount not to exceed
$1,505,847.
EMPLOYEE SUPPORT
SERVICES
3.G. Approval of Third Modification to Agreement with BetterUp,
Inc. for Care Program Support Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a third modification to agreement #11048 in the
amount of $154,000 with BetterUp, Inc., to provide employee support
services for one year, through June 30, 2023. This will result in a three-
year amended agreement with a new total amount not to exceed $446,500.
This recommended award is made as an exception to the competitive
bidding process pursuant to Section 2.24.250 (a) with future year funding
contingent on Council budget approval.
SANTA MONICA
TOURISM MARKETING
DISTRICT BUDGET
3.H. Approval of Santa Monica Travel and Tourism Fiscal Year
2022-23 Budget and Work Plan, was approved.
Recommended Action
Staff recommends that the City Council approve the Santa Monica Tourism
Marketing District Fiscal Year 2022-23 Budget and Work Plan.
SANTA MONICA PIER
CORPORATION BUDGET
3.I. Approval of Pier Corporation Fiscal Year 2022-23 Budget and
Work Plan, was approved.
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Recommended Action
Staff recommends that the City Council:
1. Approve the Santa Monica Pier Corporation Fiscal Year 2022-23
Budget and Work Plan;
2. Authorize the City Manager to execute a third modification to
agreement #10101 with the Santa Monica Pier Corporation to
extend the term through June 30, 2023;
3. Authorize the one-day reduction of Carousel Ticket Fare Rate to 5
Cents on September 15, 2022, in conjunction with the Santa Monica
Pier Carousel Centennial Celebration.
AGENDA
MANAGEMENT
SOFTWARE
3.J. Approval of Fourth Contract Modification with
Carahsoft/Granicus for Electronic Agenda Management Services, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a fourth modification to Agreement 9784 (CCS) in
the amount of $23,190 with Carahsoft/Granicus for an agenda management
software system for the Records and Election Services Department. This
will result in a 1 year amended agreement with a new total amount not to
exceed $188,614, with future year funding contingent on Council budget
approval.
TELECONFERENCE
MEETINGS
3.K. Adoption of Resolution No. 11424 (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 July 14,
2022.
DATA RETENTION
SERVICES
3.L. Approval of Second Modification to Agreement No. 11272
(CCS) with AdaptivEdge, LLC for data retention and classification
label services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
reinstate, negotiate and execute a second modification to agreement #3617
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in the amount of $70,000 with AdaptivEdge, LLC for data retention and
classification label services for the Information Services Department. This
will result in a four-year amended agreement with a new total amount not
to exceed $148,355 with future year funding contingent on Council budget
approval.
HOUSING ELEMENT
FINANCIAL ANALYSES
3.M. Approval of Second Modification to Professional Services
Agreement with HR&A for 6th Cycle (2021-2029) Housing Element,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10830 in the
amount of $89,000 and extend the term for one additional year, with
HR&A Advisors Inc to Provide Additional Financial Analyses in Support
of the City’s Housing Element. This will result in a four-year amended
agreement with a new total amount not to exceed $418,900, with future
year funding contingent on Council budget approval.
MINUTES 3.N. Minutes for the City Council - Regular Meeting - May 10, 2022
5:30 PM, were approved.
MINUTES 3.O. Approve Minutes for the City Council - Special Meeting - May
11, 2022 6:00 PM, were approved.
CITY YARDS EIR 3.A. Approval of City Yards EIR Addendum, Hathaway Dinwiddie
Change Order, and SCD License Agreement and Contract
Modification, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review, approve, and adopt the addendum changes to the City
Yards Master Plan Environmental Impact Report (SCH No.
2017111053), which analyzes environmental impacts of
modifications to the City Yards Master Plan;
2. Authorize the City Manager to negotiate and execute a license
agreement and contract modification to Contract #9011 (CCS) with
Southern California Disposal, to revise terms and conditions that
will result in four years of recyclable materials transfer services
through 2026;
3. Authorize the City Manager to negotiate and execute a Guaranteed
Maximum Price (GMP) fifth modification to Design-Build
Contract #10371 (CCS) in the amount of
$1,750,000 with Hathaway Dinwiddie Construction Company for
design and construction services of the Resource Recovery and
Recycling Transfer Facility Relocation as part of the City Yards
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Modernization – Package A Project for the Public Works
Department. This would result in a five-year amended agreement
with a new total amount not to exceed $87,273,039; and
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
This item was pulled by Councilmember Parra to request a staff report and
asked questions of staff including: were there any consideration of the
impact of the noise; why is this being expanded; how is the odor impacting
the neighbors; with the completion being done in approximately 8 weeks,
what is the plan for the trees, what kind of trees are being planted; is there
anything additional besides the sound wall to mitigate the noise and
disturbances for neighbors; is that wall the maximum, the best option for
that site; if this doesn’t work as well as expected, is Public Works prepared
to go back an make the necessary enhancements; can this wall model be
modified to be improve, if necessary; what is being done to prepare for
rainy days to keep the trash from getting wet; is there a screen that can be
put up to catch some of the dust; and is there any thought about installing
the cones instead of trees to mitigate the dust problem.
Motion by Councilmember Parra, seconded by Councilmember Brock, to
approve the recommended action. 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
ANNUAL WATER MAIN
REPLACEMENT
PROJECT
3.B. Award Construction and Construction Management Contracts
for Annual Water Main Replacement Project, was presented.
Recommended Action
Staff Recommends that the City Council:
1. Award Bid #2640 to Colich and Sons, LP, to provide construction
services for the FY 2020/21 Annual Water Main Replacement
Project for the Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
11273 (CCS) with Colich and Sons, LP, in an amount not to exceed
$6,530,160 (including a $851,760 contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders with Colich and Sons, LP. to complete additional
work within contract authority;
4. Award Request for Proposal (RFP) #2640 to Willdan Engineering
for construction management services for the FY 2020/21 Annual
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Water Main Replacement Project;
5. Authorize the City Manager to negotiate and execute Agreement No.
11274 (CCS) with Willdan Engineering in an amount not to exceed
$396,750.
This item was pulled by Councilmember Brock to ask questions of staff.
Questions asked and answered of staff included: looking back at the Capital
budget for FY 2021, are we getting good value, did something go awry, are
we still aligned with the original appropriation for FY21/22; and, in doing
these contracts for these three items, is there a way to make sure that
comparison is apparent and transparent for why and where the cost increase
occur.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
approve the recommended action. The motion as approved by the
following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PARKING STRUCTURE
SECURITY SERVICES
3.E. Approval of Contract Modification with Universal Protection
Services, LP dba Allied Universal Security Services for Parking
Structure Security Services, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a change order to
purchase order #22101027 in the amount of $96,332 with Universal
Protection Service, LP dba Allied Universal Security Services to
provide parking structure security services for the Department of
Transportation. This recommendation is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(g) and
would result in a revised purchase order total not to exceed
$339,132 with future year funding contingent on Council budget
approval; and
2. Approve a cumulative total for Universal Protection Service, LP not
to exceed $517,165 from December 1, 2018, through December 31,
2022.
This item was pulled by Councilmember Brock to ask questions of staff.
Questions asked and answered of staff included: overnight security to the
seven parking structures downtown; how many security guards are there on
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duty; do they have a direct line to Police dispatch, if they need it; is there
any data showing how many people they encounter in the garages on a
nightly basis, and how effective are they; how many encounters do they
have, what are the problems they have, and are there enough security; what
type of issues are they having; didn’t we remove Allied at one point; and,
are they effective.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
approve the recommended action. 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
AGENDA
MANAGEMENT
The Mayor proposed Agenda Management to continue Item 13.A. to the
June 28th Council meeting. The continuance was unanimously approved by
voice vote.
ADMIN. PROCEEDINGS:
1665 APPIAN WAY
6.A. Appeal of Landmarks Commission Decision to Designate 1665
Appian Way as a City Landmark, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve Appeal 21ENT-0253, appeal of the Landmarks
Commission’s decision to designate the property located at 1665
Appian Way as a City Landmark; and
2. Deny Designation Application 21ENT-0067 to designate the
property located at 1665 Appian Way as a Landmark or Structure of
Merit.
3. If the City Council disapproves the appeal and approves the
designation application to designate the property as either a City
Landmark or Structure of Merit, as described in Alternative Actions,
adopt the alternative findings under “California Environmental
Quality Act Compliance”.
Ex-parte Communications
Councilmember Davis, at 1p.m. yesterday, had a conversation with Nina
Fresco regarding the property, and walked the property several times.
Councilmember Negrete, after 5pm on Sunday, had a talk with Ralph
Mechur about the racial issues related to this property and walks regularly
by the property.
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Mayor Himmelrich talked to Mr. Mechur, walked by the property several
times, talked to Ericka Lesley and Robbie Jones regarding the history of the
property.
Councilmember Brock, met with Frank Angel on April 22nd concerning
this project.
Councilmember Parra spoke with Nina Fresco on Saturday, talked to Ralph
Mechur briefly at Casa Martin, talked to Frank Angel on April 22nd, and
took a drive around the property this morning.
Members of the public Ericka Lesley, Mary Melvin, Nina Fresco, Frank
Angel (time donated by Eugene Alger), Tova Kitron, Roger Genser, Robbie
Jones, Joanne Berlin, Dolores Sloan, and, Ruthann Lehrer spoke to the
recommended action.
Questions asked and answered of staff included: what type of project would
be able to be built on the property; define the terms vernacular and purpose
build; when was this building designated, was it before or after the permit
was pulled; so all of this time, nobody decided to apply for this building as
a landmark until a permit was pulled; why is this coming up now, and why
haven’t any of the landmark or historical groups brought this property
forward previously; are there funds given to the property owner to help
landmark the property; and, is anyone living in the building right now.
Considerable discussion ensued on topics including, but not limited to: it
doesn’t meet criteria one of landmarking; putting a plaque on the building
only brings attention to the racist history; this is a hodgepodge of elements
but not a representative architectural of the time; no other building in Santa
Monica has this type of wood siding; and, this property does not rise to the
level to meet criteria 1 for landmarking.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, to
grant the appeal 21ENT-0253 and deny the designation application 21ENT-
0253. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to
direct the Landmarks Commission to work with the Committee for Racial
Justice and other groups within town, to try and come up with some criteria
and framework for addressing these kinds of issues when they arise in the
future, so that we will have a standardized way of dealing with these
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unfortunate situations. Also implied direction that would include having the
Landmarks Commission appoint one or two liaisons to the Committee for
Racial Justice and other groups in the city as well. The vote was
unanimously approved by voice vote, with all members present.
631 COLORADO AVENUE 6.B. Appeal of Determination by Landmarks Commission to
Designate 631 Colorado Avenue as a City Landmark, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve Appeal 22ENT-0015, appeal of the Landmarks
Commission’s decision to designate the property located at 631
Colorado Avenue as a City Landmark; and
2. Deny Designation Application 21ENT-0125 to designate the
property located at 631 Colorado Avenue as a Landmark or
Structure of Merit.
3. If the City Council disapproves the appeal and approves the
designation application to designate the property as either a City
Landmark or Structure of Merit, as described in Alternative Actions,
adopt the alternative findings under “California Environmental
Quality Act Compliance”.
Ex-parte Communications
Councilmember Davis, 1 pm yesterday spoke with Nina Fresco and
discussed the history of this building
Councilmember Parra, spoke with Nina Fresco on Saturday, drove by the
property on Sunday, had an email correspondence with Ken Kutcher about
possibly visiting the property.
Mayor Pro Tem McCowan, on Friday, ran into Mr. Kutcher and spoke to
him briefly, and is familiar with the property.
Mayor Himmelrich, walked around the property, but didn’t talk to anyone
about the property.
Councilmember Brock, last Friday at 4:00, took a tour of the building with
the Attorney and employee of the building.
Members of the public Jodi Summers, Laura Voisin, and Robbie Jones
spoke to the recommended action.
Questions asked and answered of staff included: even though there is no
trace of Ms. Moxley living there, is this an example of how African
Americans in the city were forced to move out of this area; do we know
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who were the owners of the Aztec Brewing Company; and, did Ms. Moxley
have a garage on that property.
Considerable discussion ensued on topics including, but not limited to:
there are a considerable amount of buildings in this city that have changed
over time; this building doesn’t represent any significant architectural
design; criteria one is not met; doesn’t have arch deco style; doesn’t elevate
to the level of being landmarked; this building has been changed so many
times; this building was built as a warehouse, there doesn’t seem to be
anything significant about this building; and add a plaque to Ms. Moxley.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to uphold the appeal 22ENT-0015 and deny designation application
21ENT-0125. 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 Davis, seconded by Councilmember Brock, to
give direction to staff to direct the owner of the property to work to create a
suitable plaque on the west side of the building honoring Ms. Moxley and
her contributions. The motion was unanimously approved by voice vote by
all members present.
ORDINANCES:
WATER
CONSERVATION
7.A. Introduction and Adoption of Emergency Ordinance No. 2706
(CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA MODIFYING
SECTION 7.16.020 OF THE SANTA MONICA MUNICIPAL CODE TO
UPDATE WATER CONSERVATION REQUIREMENTS”, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Introduction and adoption of the attached emergency ordinance
amending SMMC 7.16.020 on Water Conservation Requirements;
and,
2. Obtain the City Council’s concurrence to implement Phase 2
Outdoor Water Restriction and limit outdoor watering to two (2)
days per week.
Member of the public Johnathan Foster spoke on the recommended action.
Questions asked and answered of staff included: what is the start time for
gardeners to begin working; how are we going to deal with water
conservation, considering we have all of this housing that needs to be built;
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how are the new regulations being conveyed to the gardeners and
landscapers to make sure they are aware of the new policies and hours; and,
is there a plan to inform and notify residents about the new water
restrictions.
Considerable discussion ensued on topics including, it’s going to take a lot
of communication to the public to make them aware of the new regulations.
Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, to introduce and 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
AGENDA
MANAGEMENT
Councilmember Davis, seconded by Councilmember de la Torre, to
continue past 11:00 p.m. and hear all items remaining on the agenda. The
motion was unanimously approved by voice vote, with all members
present.
STAFF
ADMINISTRATIVE
ITEMS:
GENERAL MUNICIPAL
ELECTION
8.A. Adoption of Resolution Nos. 11425 (CCS) and 11426 (CCS)
related to the General Municipal Election to be held on November 8,
2022
Recommended Action
Staff recommends that City Council adopt two resolutions to:
1. Call for a General Municipal Election to be held on November 8,
2022; and
2. Request that the Municipal Election be consolidated with the Los
Angeles (LA) County Statewide General Election and request
services from the LA County Registrar-Recorder for the General
Municipal Election.
There were no members of the public present to speak on this item.
Motion by Councilmember Brock, seconded by Councilmember Parra, 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
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COUNCILMEMBER
DISCUSSION ITEMS:
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
13.A. Appointment to one unscheduled vacancy on the Public Safety
Reform and Oversight Commission for a term ending on 6/30/2024,
was continued to June 28, 2022.
CANNABIS TAX 13.B. On May 10, 2022, the City Council directed the City Manager
to return with a study session as soon as practicable on various items
(e.g.., municipal code changes, taxes, permitting process, etc.) that are
necessary to be part of any future action taken by the City Council to
allow for any business or businesses involved in the sale, delivery,
themed special events, and/or consumption of nonmedicinal cannabis
in the City of Santa Monica. This item is a request of Councilmembers
Brock, de la Torre, and Negrete asking the City Manager and City
Attorney to prepare an ordinance enacting a tax on businesses engaged
in the sale, distribution, delivery, and consumption of cannabis. The
ordinance shall be prepared in a timely manner for the City Council to
consider placing the tax on the November 8, 2022 ballot. The tax
should be structured as a general tax and have no sunset date.
Implementation of certain aspects of the cannabis tax will be
contingent on future actions taken by City Council resulting from the
study session referenced above, was presented.
Questions asked and answered of staff included: do we have enough time to
poll the community in advance; is it enough time to poll and place this on
the November ballot; what is the discussion about taxes, and what will the
breakdown look like; and, how would this work out if this tax wins, with no
future tax coming in, and the transit occupancy tax (TOT) fails, which
would be an immediate tax increase.
There were no members of public present to speak on this item.
Considerable discussion ensued on topics including, but not limited to:
there is not enough time to fully vet this and place it on the ballot this
November; we don’t have the capacity to do this right for the November
2022 election; we would be better fully thinking this through and working
out the taxes before placing it on the ballot; there would need to be
community education to help people understand the taxing involved; if we
move forward, and place the tax on the ballot now, that would move things
along quicker when the city is ready to open a cannabis location; there is no
sense of urgency for this matter; if this additional tax is placed on the
ballot, it could negatively impact some of the other measures that are
already being placed on the ballot; and, this is an opportunity to make sure
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the residents are purchasing safer, regulated marijuana products.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to approve the recommendation with an amendment to say that staff
should return to Council with a proposal on how to realistically place a
general tax on this matter in a timely manner. The motion, as amended 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
DIVERSITY REPORT 13.C. Request of Councilmembers Brock, de la Torre and Parra that
the Council direct the City Manager to annually prepare and publish a
Diversity Report enabling the City Council and the residents of Santa
Monica to evaluate the diversity of the City's employees, and the
hiring, promotion and firing of City employees during the previous
year. The contemplated report should provide at a minimum, age, race
and gender. To the extent possible, the City Manager shall also
evaluate the potential to include other demographic data including, but
not limited to, ethnicity, sexual orientation, and national origin, was
presented.
There were no members of the public present to speak on this item.
Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, to adopt the recommendation. The motion was unanimously
approved by voice vote, with all members present.
CITY ATTORNEY 13.D. Request of Councilmembers Brock, de la Torre and Parra for
the City Attorney to return to City Council with an ordinance
amending Section 2.24.080 of the Santa Monica Municipal Code
limiting the City Attorney’s ability, without City Council approval, to
enter into any contract providing for payment of any legal services for
new legal matters at hourly rates in excess of the following:
• $400 per hour for attorneys with at least ten years' experience
engaged in the practice of law;
• $300 per hour for attorneys with less than ten years' experience
engaged in the practice of law;
• $400 per hour for consultants and experts who are not attorneys
and are not employees of any law firm; and
• $300 per hour for all other consultants and experts, and all
investigators.
The maximum hourly rates above shall be adjusted annually to the
Consumer Price Index for All Urban Consumers, United States city
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average, as published by the United States Department of Labor.
Limited exceptions shall include specialized legal work, such as bonds,
tax opinions, employment law, CEQA, environmental remediation, and
water rights, in which the contract counsel will incur no more than
twenty hours of work on the matter, was presented.
There were no members of the public present to speak on this item.
Considerable discussion ensued on topics including, but not limited to: fear
of putting ourselves in a position to have subpar lawyers, when the more
expensive attorneys are those going against cities, and it would be unfair to
the residents; when you have more experienced lawyers, they complete the
work faster; these rates are extremely low and unreasonable; there may be
other areas we could cut cost; there are lawyers out there that specialized in
certain areas that the city needs for litigation; lower rates can be
renegotiated with outside counsel; if we end up with lower rate attorney’s,
our risk level goes higher.
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
give City Attorney Sloan the opportunity to look for ways to bring down
our legal expenditures generally, included, but not limited to, other
methods to bring down the cost of current and new outside counsel. The
motion was unanimously approved by voice vote, with all members
present.
INDEPENDENT SPECIAL
COUNSEL
13.E Request of Councilmembers Brock, de la Torre and Parra that
the Council direct the City Attorney to advise the City Council and
provide options for consideration at the July 12, 2022 City Council
meeting, including the appointment of independent special counsel, to
handle litigation in which the City and one or more members of the
City Council are named parties on opposite sides, so as to avoid the
City Attorney being adverse to any member(s) of the City Council, was
presented.
There were no members of the public present to speak on this item.
Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, to allow the City Attorney to use his best judgement on a case-by-
case basis, with amendments to change independent counsel to outside
counsel, and remove the July 12, 2022 date. The motion, as amended was
approved unanimously by vote voice, with all members present.
BEACH PARKING LOTS 13.F Request of Councilmembers de la Torre and Brock that the City
Manager explore and discuss with the California Coastal Commission
what is needed to offer free parking in all beach parking lots for all
residents who have a street parking permit in good standing. The City
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Manager will return to City Council with the results of those
discussions along with any financial impacts, was pulled by the
requestors.
TAX INITIATIVE 13.G Request of Councilmembers Negrete and Parra and Mayor Pro
Tem McCowan that the City Manager prepare a report pursuant to
Section 9212 of the California Elections Code on an initiative with the
following title prepared by the City Attorney that is seeking to qualify
and be placed on the November 8, 2022 ballot: AN INITIATIVE
MEASURE TO ESTABLISH ADDED FUNDING FOR
HOMELESSNESS PREVENTION, AFFORDABLE HOUSING, AND
SCHOOLS BY AMENDING SANTA MONICA MUNICIPAL CODE
CHAPTER 6.96 TO PROVIDE A THIRD TIER TRANSFER TAX
RATE FOR PROPERTY TRANSFERS OF $8,000,000 OR MORE
WITH AN ELEVEN MEMBER RESIDENT OVERSIGHT
COMMITTEE The report prepared pursuant to Section 9212 of the
California Elections Code shall be presented to City Council as soon as
possible, but not later than July 26, 2022, was presented.
Member of the public Denise Barton, spoke on the recommended action.
Questions asked and answered of staff included: what does this report due,
and how much staff time is this going to take; is there a harm or benefit to
this report; how much is it going to costs to create this report; is this going
to have an impact on the Council real estate tax measure; does the
proponents of this measure have to pay for the report; what are the
parameters for this report; since this is a forever measure, will there still be
a need for housing in the future; can we earmark funds to achieve our
diversity goals in the schools; and, what is the impact of using funds to
expand the POD program.
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to
approve the recommendation. The motion was approved unanimously by
voice vote, with all members present.
PUBLIC INPUT: Members of the public Lucian Tudor, Shifra Ben-Jacob, Johnathan Foster,
and Bennett commented on various local issues.
ADJOURNMENT
Councilmembers Parra and
Brock were excused at 2:11
a.m.
On order of the Mayor, the City Council recessed at 1:29 a.m., to consider
closed sessions and returned at 2:12 a.m., with all members present, except
Councilmembers Parra and Brock to report the following:
1.C. 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;
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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-
Supervisory Team Associates; Coalition of Santa Monica City
Employees.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
On order of the Mayor, the City Council adjourned at 2:13 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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