m20220823 1 August 23, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 23, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:32 p.m.,
on Tuesday, August 23, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan (arrived at 6:55 p.m.)
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete (arrived at 5:35 p.m.)
Councilmember Oscar de la Torre (arrived at 5:35 p.m.)
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmembers Negrete, de la Torre, and Mayor
Pro Tem McCowan. Councilmember Brock led the assemblage in the
Pledge of Allegiance.
GENERAL PUBLIC INPUT:
Councilmembers Negrete and
de la Torre arrived at 5:35 p.m.
Members of the public Denise Barton, Jonathan Foster, and Barbara
Flametta commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA ITEMS
AND CONSENT
CALENDAR ONLY:
Mayor Pro Tem McCowan
arrived at 6:55 p.m.
There was no public comment on closed session items.
Members of the public Denise Barton commented on special agenda items.
There were no members of the public present to comment on consent
calendar items.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 5:41 p.m., to consider
closed sessions and returned at 7:00 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
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Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. 20STCV15438.
The City Attorney advised this matter was heard with no reportable action
taken.
3.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): James Anthony Humphrey v. City of Santa
Monica, et al., United States District Court, Central District, Case No.
21-cv-06812
The City Attorney advised this item was pulled and not heard.
3.C. Conference with Real Estate Negotiator pursuant to
Government Code Section 54956.8: Property: 1632 5th Street (~17,000
sf), Santa Monica, California; City Negotiators: Jennifer Taylor,
Economic Development Manager and Erika Cavicante, Senior
Development Analyst; Owner of Record: City of Santa Monica;
Persons to be negotiated with: Share Ventures; Under negotiation:
Building Lease Terms
The City Attorney advised this item was pulled and not heard.
3.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Mike Smith, et al. v. City of Santa Monica,
California, FAA Docket No. 16-16-02
3.E. Public Employee Evaluation
Title of Employee: City Attorney
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA ITEMS: 4.A. City Manager Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he traveled to Diamond Bar for the
installation of L.A. County division of the League of CA Cities, where he
was installed as a Regional Director and met with Councilmembers and
Mayors throughout the region; then traveled to Coronado to attend the
Independent Cities Association summer seminar, intense training on water
use, Land Use policies, Fire Department in the 21 Century, session on
hydrogen, seminar on fentanyl and meth use in our streets.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion. 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.
At the request of Councilmember Brock, Items 5L., 5.N., and 5.M. were
removed from the Consent Calendar.
Motion by Councilmember Negrete, seconded by Councilmember de la
Torre, to approve the Consent Calendar except for Items 5.L, 5.N and 5.M,
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
ANNUAL PAVING
PROJECT
5.A. Award Construction Contract No. 11298 (CCS) for FY22-23
Annual Paving Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2650 to PALP, Inc. dba Excel Paving Company for
construction services for the FY22-23 Annual Paving Project for the
Public Works Department;
2. Authorize the City Manager to negotiate and execute a contract with
PALP, Inc. dba Excel Paving Company in an amount not to exceed
$10,093,378 (including a 10% contingency); and
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
TOWING SERVICES 5.B. Award Bid to City Terrace Service Inc. and Tip Top Tow for
Heavy-Duty Towing Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4421 to City Terrace Service Inc., for towing
services for the City’s fleet of transit buses and heavy-duty fire
apparatus; and, Tip Top Tow Corporation for towing services
for the City’s fleet of transit buses and heavy-duty fire apparatus
for the Transportation and Fire Departments.
2. Authorize the City Manager to negotiate and execute
Agreement Nos. 11299 (CCS) and 11300 (CCS) with City
Terrace Service Inc., in an amount not to exceed $201,960,
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including an $18,360 contingency, over a five-year period
which includes a 10% cost escalator in year five with future year
funding continent on Council budget approval; and, Tip Top
Tow in an amount not to exceed $339,625, including a $30,875
contingency, over a five-year period with future year funding
continent on Council budget approval.
TELECONFERENCE
MEETINGS
5.C. Adoption of Resolution No. 11454 (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 approved.
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
September 24, 2022.
YOUTH CLIMATE CORPS
PROGRAM
5.D. Authorization to Accept California Volunteers Grant and
authorize the City to issue Contract No. 11301 (CCS) with Social and
Environmental Entrepreneurs, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount
of $289,178 from California Volunteers to fund a youth climate corps
program;
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals;
3. Authorize the City to issue a subrecipient contract with Social and
Environmental Entrepreneurs, the fiscal agent for Climate Action
Santa Monica for a total amount not to exceed $289,178; and
4. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
2425 20TH STREET 5.E. Adoption of Resolution No. 11455 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION
MAP FOR PARCEL NO. 82756 TO SUBDIVIDE A PROPERTY AT
2425 20th STREET”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
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approving Final Parcel Map No. 82756 for a 3-unit condominium
residential project located at 2425 20th Street.
FACILITY SECURITY
EQUIPMENT
5.F. Approval of First Modification to Contract with Siemens
Industry, Inc. for Facility Security Equipment, Systems, and Services,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10666 in the
amount of $1,500,000 with Siemens Industry, Inc. (Siemens) a California-
based Company for facility security equipment, systems, and services,
including related equipment and supplies 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 would
result in a ten-year amended agreement with a new total amount not to
exceed $3,000,000 with future year funding contingent on Council budget
approval.
COVID TESTING 5.G. Authorize the City Manager to negotiate and execute
Agreement No. 11302 (CCS) with Dr. Fawad Zafar Khan dba USMD
Direct for Citywide Employee COVID Testing, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute an agreement with Dr. Fawad Zafar Khan dba
USMD Direct for city-wide, employee COVID testing. This recommended
award is made as an exception to the competitive bidding process pursuant
to Section 2.24.250 (i) and is for a total amount not to exceed $115,000
with no appropriations for future funding.
COVID SERVICES 5.H. Authorize the City Manager to negotiate and execute
Agreement No. 11303 (CCS) with Keystone Medical Resources, Inc for
Citywide Employee COVID-19 Contact Tracing and Internal
Healthcare Advisement, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute an agreement with Keystone Medical Resources, Inc
for city-wide, employee COVID-19 contact tracing and internal healthcare
advisement. This recommended award is made as an exception to the
competitive bidding process pursuant to Section 2.24.250 (i) and is for a
total amount not to exceed $150,000 with future year funding contingent on
Council budget approval.
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RECORDS MANAGEMENT
SOFTWARE
5.I. Award RFP 304 to Locality Media LLC (DBA First Due) for
Preplan, Fire Inspection and other Fire Related Records Management
Software for the Fire Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP 304 to Locality Media LLC (DBA First Due) for
Preplan, Fire Inspection, and other Fire related records management
software for the Fire Department
2. Authorize the City Manager to negotiate and execute Agreement
No. 11304 (CCS) with Locality Media LLC, in an amount not to
exceed $340,000, that includes $20,000 in contingency for a five-
year term, and with future years funding contingent on Council
budget approval.
FIRE BILLING SERVICES 5.J. Award Bid #RFP No. 315 to Wittman Enterprises, LLC for
Third Party Billing Services for the Fire Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award the contract for RFP 315 to Wittman Enterprises, LLC for
Third Party Billing Services on behalf of the Fire Department
2. Authorize the City Manager to negotiate and execute Agreement
No. 11305 (CCS) with Wittman Enterprises, LLC for seven percent
(7%) of net collections derived from Fire Prevention Billing and
Collection Services for a total amount not to exceed $700,000 for a
five-year term, with future years funding contingent on Council
budget approval.
FIRE INSPECTIONS
REPORT
5.K. Adoption of Resolution No. 11456 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A
REPORT ON THE STATUS OF STATE MANDATED ANNUAL FIRE
INSPECTIONS IN THE CITY OF SANTA MONICA
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 13146.4”, was adopted.
Recommended Action
Adopt a Resolution acknowledging receipt of a report on the status of state
mandated annual fire inspections in the City of Santa Monica pursuant to
California Health and Safety Code Section 13146.4
MEETING
CANCELLATION
5.O. Approval of Cancellation of Regular City Council Meetings for
November 8, November 22 and December 27, was approved.
Recommended Action
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Staff recommends that the City Council vote to cancel the regular meetings
scheduled for:
1. November 8, 2022 due to Election Day and schedule a special
meeting on November 15, 2022; and
2. November 22, 2022 and December 27, 2022, due to a lack of a
quorum and the holiday break.
LABOR RELATIONS 5.P. Adoption of Resolution No. 11457 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE
INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR,
RAIL, AND TRANSPORTATION WORKERS –
TRANSPORTATION DIVISION, LOCAL 1785” and authorizing the
City Manager to negotiate and execute Memorandum of
Understanding No. 11306 (CCS) with the International Association of
Sheet Metal, Air, Rail and Transportation Workers - Transportation
Division, Local 1785, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the proposed Resolution (Attachment A) accepting the
tentative agreement and authorizing the City Manager to negotiate
and execute a Memorandum of Understanding with the
International Association of Sheet Metal, Air, Rail and
Transportation Workers, Transportation Division, Local
1785(SMART-TD);
2. Adopt the salary schedule (Attachment B); and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
MINUTES 5.Q. Minutes of City Council - Special Meeting - July 21, 2022 6:00
PM, were approved.
SOCIAL MEDIA
MANAGEMENT
SOFTWARE
5.L. Approval of Third Modification of Agreement No. 11307 (CCS)
with Hootsuite for Social Media Management Software, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute an agreement with Hootsuite Media, Inc. in an
amount of $195,755 for software and tools to manage dozens of social
media pages, protect account security and provide accurate and timely
information to the Santa Monica community for the City Manager’s Office.
This recommended award is made as an exception to the competitive
bidding process pursuant to Section 2.24.250 (a-i) and will result in an
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amended 11-year agreement with a new total amount not to exceed
$427,250 with future year funding contingent on Council budget approval.
This item was pulled by Councilmember Brock. Questions asked and
answered of staff included: what is the cost of Hootsuite versus using it for
social media; how much staff time would this take, for an individual to
manage all of the social media accounts, and how much would that cost;
and, is there confidence that this service will not have a better competition
over the next eleven years.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmember de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SMART WATER METERS 5.M. Award Bid and Enter Into Agreement Nos. 11308 (CCS) and
11309 (CCS) with Badger, Inc. for AMI Smart Water Meters & Cloud-
Based Interface, was presented.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 320 to Badger Meter, Inc. to deliver, replace and
install approximately 12,444 Advanced Metering Infrastructure
(AMI) ready water meters along with AMI encoders and provide a
cloud-based interface for an AMI System for the Public Works
Department;
2. Authorize the City Manager to negotiate and execute an agreement
with Badger Meter, Inc., in the amount not to exceed $13,500,000
(including 15% contingency).
3. Authorize the City Manager to negotiate and execute a Software as
a Service (SaaS) Agreement with Badger Meter, Inc. in the amount
not to exceed $300,000 over a five-year period.
Questions asked and answered of staff included: what is this for; how is it
used; what does this money go towards; are the new developments required
to have meters; does the AMI structure allow landlords to see usage for
their units, and has this service been looked at in other cities, and are we
getting a competitive rate; is service on the meters included in this contract;
are these meters run on WiFi; if a homeowner’s property is surveyed and
they have any lead service lines, what does the city do to have a
homeowner bring it up to compliance; and, when is this project going to
begin citywide.
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Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommended action. 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
URBAN FOREST
MAINTENANCE
PROGRAM
5.N. Award Bid to United Pacific Services, Inc. for the
Comprehensive Urban Forest Maintenance Program, was presented.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4415 to United Pacific Services, Inc. to provide urban
forest maintenance services for the Public Works Department;
2. Authorize the City Manager to negotiate and execute Agreement
No. 11310 (CCS) with United Pacific Services, Inc. in an amount
not to exceed $8,731,559 over a five-year period, which includes a
$1,746,312 contingency, and one additional five-year renewal
option in the amount of $9,800,877, which includes a $1,960,175
contingency, on the same terms and conditions for a total amount
not to exceed $18,532,436 over a 10-year period with future year
funding contingent on Council budget approval.
Questions asked and answered of staff included: what can be done through
grants, budget, or other means to increase our Urban Forest canopy
throughout the city; is there an update on when there might be a private tree
ordinance; how much are we short to make up the 2,000 trees a year that
are not being maintained; is there a legal impediment to creating a private
tree ordinance; is the practice of replacing trees with similar types of trees
still in the plan; and whose responsibility is it to trim and maintain trees on
the freeways.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
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
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS
Members of the public Mike Butler and Hilary Brown commented on Item
10.C.
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Member of the public Jonathan Foster commented on Item 10.E.
Members of the public Matthew Millen, Jay Johnson and Denise
McGranahan commented on Item 10.G.
Member Jay Johnson, Denise McGranahan commented on Item 10.H.
Member of the public Denise Barton and Michelle Gray (time donated by
John Alle) commented on Item 16.E.
CONTINUED ITEMS:
HUMAN SERVICES
COMMISSION
8.A. Appointment to One Seat on the Newly Created Human
Services Commission, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis, nominated David Pisarra.
Councilmember Brock, nominated Diane Miller.
David Pisarra was appointed by the following vote:
Pisarra: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan,
Mayor Himmelrich
Miller: Councilmembers Parra, Brock, de la Torre
Councilmembers Parra, Brock, and de la Torre changed their votes to
Pisarra, thereby appointing David Pisarra by acclamation to the Human
Services Commission, with all members present.
ADMIN. PROCEEDINGS:
438 SAN VICENTE BLVD
9.A. Appeal of Planning Commission Approval of Conditional Use
Permit and Minor Modification for Expansion of Carlthorp School,
438 San Vicente Blvd, was withdrawn at the request of the Appellant, and
the item was heard.
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.”
ORDINANCES:
PATIENT TRANSPORT
AND BILLING SERVICES
10.A. Introduction and First Reading of an Ordinance Amending
Municipal Code Section 4.65.030 and Approval of First Modification to
Contract 10605 for Emergency Medical Patient Transport and Billing
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Services, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to agreement #10605 with Westmed Ambulance
Service Inc. DBA McCormick Ambulance Service for emergency
ambulance services and medical billing services for the Fire
Department.
2. Authorize the City Manager to negotiate and execute cost recovery
Agreement No. 11311 (CCS) with McCormick Ambulance for two
years, on the same terms and conditions, for a total agreement
period of seven-years.
3. Introduce for first reading an ordinance to amend Municipal Code
Section 4.65.030 to extend the Living Wage Ordinance exemption
for the term of the contract with McCormick Ambulance for
emergency transportation and billing services.
Questions asked and answered of staff included: with exemptions from the
living wage, what is the average wage that they are paid right now; what is
the cost for use of ambulance service; are the wages the same in all cities in
L.A. County; do we have the right to set our own hourly rate, and demand
reimbursement from the County; what is the average amount that
McCormick charges for transport; is cost recovery being looked at as this
contract is in effect; what would it look like if the city had its own
ambulances; just because the ambulances are required to be housed in Santa
Monica, it doesn’t necessarily mean that they are only being used in the
city; is there consideration to open this up to other companies; is there an
opportunity to have a hybrid model to possibly keep the cost down; and,
can this contract be delayed until we find out if other cities have negotiated
larger salaries.
Considerable discussion ensued on topics including concern about the low
salaries that ambulance drivers make.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
approve staff recommendation, including 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 Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
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SIDEWALK VENDING 10.B. Introduction and First Reading of an Ordinance Modifying City
Sidewalk Vending to Allow for Stationary Vending with 100-500 Foot
Perimeter to Santa Monica Pier by Permitted Vendors, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance amending Santa Monica Municipal Code Sec. 6.36.040
to expand opportunities for stationary sidewalk vending.
Questions asked and answered of staff included: is there still consideration
to have a liaison to work directly with the vendors; where does the revenue
come from the vendor cart program; what is the cost to be a vendor cart on
the Pier; are there any opportunities to have microgrants from the city to
help small business vendors get started; how would the rotation program
work, would it be by hours or days; who will do the enforcement, will it be
the DART team or somebody else; are there some grants out there that the
city could help assist vendors secure those grants; what type of vendors are
there in Palisades Park; is there an opportunity to work with the vendors to
make their space more interesting or an experience; what is being done to
inform residents about the vending opportunities; how many of the current
vendors in the city are residents from the city; how is the Landmarks
Commission weighing in on this plan; and, has there been anticipation of
how to handle a potential clast between First Amendment rights and
vendors.
Motion by Councilmember Negrete, 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 de la Torre, Brock, Negrete, Davis, Parra
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SHARED MOBILITY
SERVICES
10.C. Introduction and First Reading of an Ordinance amending
SMMC 3.22 and adding section 3.23 to allow shared mobility services
to be provided under a contract agreement with the City, was
presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
proposed ordinance to do the following:
1. Amend Section 3.22.090 of the Santa Monica Municipal Code to
extend the term of the second Shared Mobility Device Pilot
Program from March 30, 2023, to September 30, 2023; and
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2. Create Section 3.23 of the Santa Monica Municipal Code to
establish a contracting model for shared mobility device services.
Questions asked and answered of staff included: how is it going to be
addressed dealing with operators who are not authorized to operate in Santa
Monica; is there a two-tier system being considered; how does the city
make sure the promises made in the contract are kept; will we be able to
build in technology changes and other revisions in the contracts; is the
evaluation process going to be weighed more fairly than in the previous
request for proposals (RFP) process; will there be an RFP that looks at
companies that have contributed in the community previously; is the RFP
going to require that the home base be located in Santa Monica; is there
going to be a set minimum of devices required; and, is there any realistic
probability that the price will come down soon.
Considerable discussion ensued on topics including, but not limited to:
coordinate with Metro to have a consistent system that residents can use
around the Metro; a stationary bike system should be considered instead of
just allowing bikes and scooters to just be littered around town; ensure that
the technology is staying up to date, and that the vendor has low enough
pricing for all residents; and, concerns that having one vendor may reduce
the number of devices available.
Motion by Councilmember Negrete, 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 Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
OCEAN VIEW PARK 10.D. Introduction and First Reading of an Ordinance Modifying
SMMC 4.12.105 Concerning Amplified Sound in Ocean View Park,
was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
proposed ordinance to the City’s amplified sound ordinance, Section
4.12.105 of the Municipal Code, to prohibit amplified sound in Ocean
View Park, and potentially other areas Council may specify by resolution.
Questions asked and answered of staff included, what is the parameter of
Ocean View Park.
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Motion by Councilmember Brock, 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 de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STREET PERFORMERS 10.E. Introduction and First Reading of an Ordinance Amending
Santa Monica Municipal Code Chapter 6.112 to Add Regulations for
Street Performers on Wilshire Boulevard, Arizona Avenue, Santa
Monica Boulevard, and Broadway Adjacent to the Third Street
Promenade, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an
Ordinance amending Chapter 6.112 of the Santa Monica Municipal Code
(“SMMC”) to:
1. Apply the regulations set forth therein to a “buffer zone,”
consisting of Wilshire Boulevard, Arizona Avenue, Santa Monica
Boulevard, and Broadway between Second and Fourth Courts;
2. Eliminate the 120-foot restrictions in 6.112.050 and replace with a
general prohibition against performing within the same block after
a certain amount of time; and
3. Make other minor edits for consistency with other provisions of the
Santa Monica Municipal Code.
Motion by Councilmember Negrete, 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: Councilmember Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PEDICABS 10.F. Second Reading and Adoption of Ordinance No. 2711 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
CHAPTER 3.12 TO ALLOW NON-ELECTRIC PEDICABS ON THE
SANTA MONICA BEACH BIKE PATH AND RECODIFY THE
PROHIBITION OF DRIVING AND PARKING VEHICLES
ON SIDEWALKS AND PARKWAYS”, was presented.
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Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember Brock, 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
TENANT PROTECTIONS 10.G. Introduction and Adoption of Emergency Ordinance No. 2712
(CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION
4.27.080 TO THE SANTA MONICA MUNICIPAL CODE TO
PROMOTE THE PUBLIC SAFETY AND WELFARE BY
TEMPORARILY PROHIBITING CERTAIN EVICTIONS DUE TO
TENANTS’ FINANCIAL HARDSHIP”, was presented.
Recommended Action
Staff recommends that the City Council consider adoption of an emergency
ordinance adding Santa Monica Municipal Code Section 4.27.080 to
provide temporary eviction protection for residential tenants in rent-
controlled units who, effective September 1, 2022, face an increase in the
maximum allowable rent (MARs) up to six (6) percent; are not able to pay
the increased rent due to financial hardship; and are at risk of being evicted
for nonpayment of rent.
Council may want to consider adopting this Ordinance first as an
emergency ordinance under Sections 615 and 619 of the City Charter, and
separately adopting this identical Ordinance as a regular ordinance, subject
to the usual procedure of two readings.
Questions asked and answered of staff included: the purpose of this is to
protect tenants in this very short period of time until the city rolls out their
rent relief program; is this almost a homeless protection program; does the
moratorium protect you for the increase amount, or does this apply to
people who can’t afford to pay their entire rent; what does it mean to be
“self certified”; when do they have to prove self certification; when can a
tenant invoke the tenant moratorium; is there a better option to be fair to
both tenants as well as landlords; and, does this moratorium only last for
five months.
Considerable discussion ensued on topics including, but not limited to:
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what the moratorium proposes; and, it is not fair to landlords to allow
tenants to not pay rent for a full year, when in reality Council
recommended assisting tenants with the 3% increase, not a full rent
abatement for a year.
The City Attorney clarified Option 2 in the recommendation that the
moratorium would apply only to the failure to pay an increase in rent
greater than 3 percent. That means the tenant would still be expected to
pay their base rent, plus 3 percent, but would have protection to pay more
than 3 percent.
Motion by Councilmember Negrete, seconded by Councilmember de la
Torre, to approve Option 2 recommendation to introduce and adopt at first
reading of the ordinance reading by title only and waiving further reading
thereof.
After further discussion, Councilmember Negrete withdrew her motion.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve Option 2 recommendation to introduce and adopt at first
reading of the ordinance reading by title only and waiving further reading
thereof.
Mayor Himmelrich proposed a substitute motion, seconded by
Councilmember Davis, to approve the original recommendation to provide
temporary eviction protection for residential tenants in rent-controlled units
who, effective September 1, 2022, face an increase in the maximum
allowable rent (MARs) up to six (6) percent; are not able to pay the
increased rent due to financial hardship; and are at risk of being evicted for
nonpayment of rent. With clarification to allow limitations due to financial
stress due to COVID and any landlord who is willing accept 3 percent on
September 1st is not subject to this ordinance.
Councilmember Brock proposed an amendment to extract the clause that
says a tenant can abate their full rent for the five months, and they can only
abate the amount of the increase over the 3 percent. The amendment was
not considered friendly to the maker or seconder.
The City Attorney proposed amended language to the ordinance to say, no
landlord who has collected rent from a rent-controlled resident by more
than 3 percent.
The substitute motion, with amendments was approved by the following
vote:
AYES: Councilmembers Parra, Davis, Negrete,
Mayor Pro Tem McCowan, Mayor Himmelrich
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NOES: Councilmembers Brock, de la Torre
ABSENT: None
Councilmember de la Torre voted no because he feels this is causing a
division between landlords, housing providers and tenants. This is not the
right way to go about this. This is going to incentivize people to get out of
the housing business in Santa Monica, and we’re going to end up losing
affordable housing.
Councilmember Brock stated he voted no because he supported the city
helping pay increases for those who were in trouble paying the six percent.
This ordinance created more confusion for landlords and tenants. It
increases the amount of paperwork for tenants as well as the city. He voted
no, not against renters, but to keep the process simple and clean for all
renters in Santa Monica.
TENANT PROTECTION 10.H. Introduction and First Reading of an Ordinance Amending the
City’s Tenant Protection Laws, was presented.
Recommended Action
Staff recommends that the City Council consider introducing for first
reading an ordinance amending the City’s Housing Anti-Discrimination
Code, Tenant Harassment Code, and Tenant Protection Code.
Questions asked and answered of staff included: is there a way to make
gender-identity and gender-expression people a protected class in our local
law.
Motion by Councilmember Davis, seconded by Councilmember Brock, to
approve the recommendation, with the addition of adding gender-identity
and gender-expression people to be protected. 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
CONTINUE MEETING Motion by Councilmember Davis, seconded by Councilmember Negrete, to
continue the meeting past 11p.m. The motion was unanimously approved
by voice vote, with all members present.
COUNCILMEMBER
DISCUSSION ITEMS:
MAIN STREET BUSINESS
IMPROVEMENT
ASSOCIATION
16.A. Request of Councilmember Davis that the Council allocate
$10,000 of Council Discretionary Funds to the Main Street Business
Improvement Association to partially offset the cost of a community
open streets event on Main Street in October. This event is replacing
Summer Soulstice (which Council has financially supported in the
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past) and will include a showcase of local businesses, artists, and
musicians as well as the Halloween Pet Costume Contest which had
over 100 participants last year. The funds will be used to pay
permitting fees and other city-imposed costs of staging the event, was
presented.
Motion by Councilmember Negrete, seconded by Councilmember Davis, 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
2ND ANNUAL DAY OF THE
DEAD CELEBRATION
16.B. Request of Councilmember De la Torre that the City Council
allocate $5,000 of Council discretionary funds to the Santa Monica Pier
Corporation to fund entertainment for the 2nd Annual Day of the
Dead Celebration on the Santa Monica Pier. The celebration will be
hosted inside the historic Looff Hippodrome Carousel and will be open
and free to the public, was presented.
Motion by Councilmember Negrete, seconded by Mayor Himmelrich, 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
VETERANS DAY
COMMEMORATION
16.C. Request of Councilmember Davis that the City waive rental fees
associated with the partial use of the parking lot on the Santa Monica
Pier to support the City’s annual commemoration of Veterans Day
honoring and celebrating all those who have served our country in the
Armed Forces, being planned in coordination with the United States
Army, was presented.
Motion by Councilmember Negrete, seconded by Councilmember de la
Torre, 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
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PUBLIC POLICY
INSTITUTE
16.D. Request of Mayor Pro Tem McCowan and Councilmembers
Brock and Negrete that the City Council allocate up to $15,000 of their
discretionary funds to the Public Policy Institute at Santa Monica
College to support the 2023 Public Policy Symposium - an event jointly
sponsored by Santa Monica College and Santa Monica Malibu Unified
School District, was presented.
Motion by Mayor Pro Tem McCowan, 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
HOUSING AUTHORITY 16.E. Request of Councilmembers Parra, de la Torre, and Brock that
the Council allocate up to $1,500 of Council Discretionary Funds to
offset the cost of sending a mailer to all Housing Authority housing-
voucher holders providing information and notice of a Housing
Commission meeting on September 1 to solicit input and feedback that
will inform recommendations from the Housing Commission to the
City Council regarding the Santa Monica Resident Advisory Board,
was presented.
Motion by Councilmember Brock, seconded by Councilmember Negrete, 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
DISABILITIES
COMMISSION
16.F. Recommendation to accept Carolyn Charles' resignation from
the Disabilities Commission and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to
accept the resignation with regret. The motion was approved by a unanimous
voice vote, with all members present.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned to August 24,
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2022, at 12:20 a.m. in memory of Marissa Rubin and Anita Hernandez.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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