m20221025 1 October 25, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 25, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McCowan at 5:33
p.m., on Tuesday, October 25, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre (arrived at 5:35 p.m.)
Councilmember Christine Parra
Absent: Mayor Sue Himmelrich
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 5:33 p.m.,
with all members present except Mayor Himmelrich and
Councilmember de la Torre. Councilmember Brock led the
assemblage in the Pledge of Allegiance.
AGENDA MANAGEMENT Motion by Councilmember Brock, seconded by Councilmember
Davis, to continue the Boards and Commission appointments
until the November 15th meeting. The motion was unanimously
approved by voice vote with Mayor Himmelrich and
Councilmember de la Torre absent.
GENERAL PUBLIC INPUT:
Councilmember de la Torre arrived
at 5:35 p.m.
Members of the public Leah Mendelsohn, Vinay Prabhu, Ken
Clayman, Jason Axe, Krystina Marie Price, Arlene
Vaillancourt, Denise Barton, Francois Vaillancourt, Olga
Zurawska, Jerry Rubin, Susan Ryza, and Sage Ryza commented
on various local issues.
PUBLIC INPUT FOR CLOSED
SESSION, SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Joanne Berlin and Craig Ali commented
on closed session items.
Members of the public Denise Barton commented on special
agenda items.
Members of the public Denise Barton commented on consent
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calendar items.
AGENDA MANAGEMENT Motion by Councilmember Davis, seconded by Councilmember
Brock, to pull item 3.D. from being heard. The motion was
unanimously approved by voice vote, with Mayor Himmelrich
absent.
CLOSED SESSIONS
Councilmember de la Torre returned
at 7:36 p.m.
On order of the Mayor Pro Tem, the City Council recessed at
6:11 p.m., to consider closed sessions and returned at 7:34 p.m.,
with all members present except Mayor Himmelrich and
Councilmember de la Torre, to report the following:
3.A. Conference with Legal Counsel – Existing Litigation
– Litigation has been initiated formally pursuant to Gov.
Code Section 54956.9(d)(1): City of Santa Monica v. The
Insurance Company of the State of Pennsylvania, et al.,
LASC Case No. 21STCV36027
The City Attorney advised this matter was pulled and not heard.
3.B. Conference with Legal Counsel – Existing Litigation
– Litigation has been initiated formally pursuant to Gov.
Code Section 54956.9(d)(1): James Anthony Humphrey v.
City of Santa Monica, et al., Case No. 21-cv-06812
The City Attorney advised this matter was heard with no
reportable action taken.
3.C. Significant exposure to litigation pursuant to
paragraph (2) or (3) of subdivision (d) of Government Code
Section 54956.9: (2 potential cases)
The City Attorney advised this matter was heard with no
reportable action taken.
3.D. Conference with Labor Negotiator: Government
Code Section 54957.6 -- Agency Designated Representatives:
City Manager David White and Chief People Officer Lori
Gentles; Bargaining Unit: FEMA-Santa Monica Fire
Executive Management Association
The City Attorney advised this item was pulled and not heard.
3.E. Conference with Legal Counsel – Existing Litigation
– Litigation has been initiated formally pursuant to Gov.
Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of
Santa Monica, et al., Case No. 22STCV30598; John TAU
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Doe, et al. v. Santa Monica PAL, et al., Case No.
22STCV19401; John Doe 1-4 v. Does 1-50, Case No.
21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50,
Case No. 22STCV08765; John JH Doe v. Police Activities
League, et al., Case No. 21STCV24491; John Doe (D.C.) v.
Santa Monica Police Activities League, et al., Case No.
21STCV47551; John Doe (MU) v. Santa Monica PAL, et al.,
Case No. 22STCV17022; John Doe #1, John Doe #2 and
John Doe #3 v. Santa Monica PAL, et al., Case No.
22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3,
Case No. 22STCV01268; Jose Villaseñor v. City of Santa
Monica, et al., Case No. 22STCV17835
The City Attorney advised this matter was pulled and not heard.
SPECIAL AGENDA ITEMS: 4.A. City Manager Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember de la Torre reported that he traveled to San
Diego and Tijuana for the Sister City International conference.
CONSENT CALENDAR: All items were considered and approved in one motion unless
removed by a Councilmember for discussion.
Motion by Councilmember Davis, seconded by Councilmember
Parra, to approve the Consent Calendar, reading resolutions by
title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete,
Davis, Parra, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
WASTEWATER 5.A. Award a Professional Services Agreement No. 11325
(CCS) to ADS Corporation for Flow Monitoring & Data
Analysis at the City's Two Wastewater Outfalls, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City
Manager to negotiate and execute an agreement with ADS
Corporation for sewer flow monitoring for the Public Works
Department. This recommended award is made as an exception
to the competitive bidding process pursuant to Section 2.24.250
(b) and is for a five-year agreement with a total amount not to
exceed $130,000 with future year funding contingent on
Council budget approval.
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FIRE DEPARTMENT 5.B. Award Bid to American Moving Parts, LLC, for
Purchase of Brake Parts for Bus Fire Department
Apparatus, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4426 to American Moving Parts, LLC for
the purchase of brake parts and brake reline kits for the
Transportation and Fire Departments;
2. Authorize the Procurement Manager to issue a purchase
order with American Moving Parts, LLC for brake parts
and reline kits in the amount not to exceed $276,856,
which includes a $25,169 contingency, over a two-year
period, with future year funding contingent on Council
budget approval.
TELECONFERENCE
MEETINGS
5.C. Adoption of Resolution No. 11471 (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 Force.
HISTORIC PROPERTY
PRESERVATION
5.D. Adoption of Resolution Nos. 11472 (CCS) through
11476 (CCS) Approving Historic Property Preservation
Agreement Nos. 11329 (CCS) through 11333 (CCS) (Mills
Act Contracts) for Designated Historic Resources Located
at 2602 Third Street, 227 Beach Street, 227 Broadway, 818
Grant Street and 174 Kinney Street, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached
Resolutions authorizing the City Manager to execute Historic
Property Preservation Agreements (Mills Act Contracts)
between the City of Santa Monica and the owners of City-
designated historic resources located at 2602 Third Street, 227
Beach Street, 227 Broadway, 818 Grant Street, and 174 Kinney
Street.
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FIRE DEPARTMENT 5.E. Approval of Purchase Order with Kovatch Mobile
Equipment Corporation (KME) for the Purchase of Fire
Apparatus Replacement Parts and Service, was approved.
Recommended Action
Staff recommends that the City Council authorize the
Procurement Manager to issue a purchase order with Kovatch
Mobile Equipment Corporation (KME) for the purchase of
Original Equipment Manufacturer (OEM) repair parts, and for
OEM repairs of Fire Department heavy-duty apparatus. This
recommended award is made as an exception to the competitive
bidding process pursuant to Section 2.24.250(b) and is for a
five-year term with a total amount not to exceed $581,734,
which includes a $52,885 contingency, with future year funding
contingent on Council budget approval.
WATER TREATMENT
CHEMICALS
5.F. Award Bid #4431 to JCI Jones Chemicals Inc. and
Univar Solutions USA for the Purchase of Sodium
Hypochlorite, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4431 to JCI Jones Chemicals Inc as the
primary vendor for the purchase of sodium hypochlorite
for the Arcadia Water Treatment Plant (Arcadia),
Charnock Well Field (Charnock), and the Sustainable
Water Infrastructure Project (SWIP) site; Univar
Solutions USA as the secondary vendor for the purchase
of sodium hypochlorite for SWIP;
2. Authorize the Procurement Manager to issue a purchase
order with JCI Jones Chemicals for sodium hypochlorite
in the amount not to exceed $200,000 for one year, with
four additional one-year renewal options to extend at
mutually agreeable price adjustment for a total not to
exceed $1,150,000.
3. Authorize the Procurement Manager to issue a purchase
order with Univar Solutions USA for sodium
hypochlorite in the amount not to exceed $100,000 for
one year, with four additional one-year renewal options
to extend at increases between 5% to 10%, for a total
not to exceed $575,000.
WATER TREATMENT
CHEMICALS
5.G. Award Bid #4430 to Pacific Star Chemical, Brenntag
Pacific, Inc., and Univar Solutions USA for the Purchase of
Sodium Hydroxide, was approved.
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Recommended Action
Staff recommends that the City Council:
1. Award Bid #4430 to Pacific Star Chemical dba
Northstar Chemical as the primary vendor for the
purchase of sodium hydroxide for the Arcadia Water
Treatment Plant (Arcadia) and Brenntag Pacific, Inc. as
the primary vendor for the purchase of sodium
hydroxide for the Santa Monica Urban Runoff
Recycling Facility (SMURRF); Univar Solutions USA
Inc as the secondary vendor for the purchase of sodium
hydroxide for the Arcadia Water Treatment Plant and
SMURRF;
2. Authorize the Procurement Manager to issue a purchase
order with Pacific Star Chemical dba Northstar
Chemical for sodium hydroxide in the amount not to
exceed $50,000 for one year, with four additional one-
year renewal options to extend at a mutually agreeable
price adjustment for a total not to exceed $290,000; and
3. Authorize the Procurement Manager to issue a purchase
order with Brenntag Pacific, Inc. for sodium hydroxide
in the amount not to exceed $35,000 for one year, with
four additional one-year renewal options to extend at
mutually agreeable price adjustment for a total not to
exceed $200,000; and
4. Authorize the Procurement Manager to issue a purchase
order with Univar Solutions USA Inc. for sodium
hydroxide in the amount not to exceed $35,000 for one
year, with four additional one-year renewal options at
increases between 5% to 10% for a total not to exceed
$200,000.
CHARNOCK WELL FIELD 5.H. Award RFP #328 to Grace Environmental Services
for Operations, Maintenance, & Management Services at
Charnock Well Field, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #328 to Grace Environmental Services, a
California-based company, for Charnock Well Field
operations, maintenance and management services for
the production and treatment of potable water for the
Public Works Department; and
2. Authorize the City Manager to negotiate and execute
Agreement No. 11326 (CCS) with Grace Environmental
Services, in an amount not to exceed $475,000 for one
year with four additional one-year renewal options at a
2.0% increase for the first renewal year and 2.5%
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increase for renewal years 2 through 4 for a total amount
not to exceed $2,500,000 over a five-year period, with
future year funding contingent on Council budget
approval.
BIG BLUE BUS 5.I. Adoption of the Big Blue Bus Title VI Program, was
approved.
Recommended Action
Staff recommends that the City Council adopt the proposed Big
Blue Bus (BBB) Title VI Program so that the Santa Monica
Department of Transportation remains eligible for federal grant
funds. Title VI of the Civil Rights Act of 1964 protects people
from discrimination based on race, color, and national origin to
ensure that individuals are not excluded from participation in,
denied benefits of, or subjected to discrimination under any
program and activity receiving federal financial assistance.
1311 THIRD STREET
PROMENADE
5.J. Adoption of Resolution No. 11477 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ACCEPTING AND APPROVING THE
FINAL SUBDIVISION MAP FOR PARCEL NO. 83173 TO
SUBDIVIDE A PROPERTY AT 1311 THIRD STREET
PROMENADE”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached
resolution approving Final Parcel Map No. 83173 for a three-
unit subdivision of an existing mixed-use building located at
1311 Third Street Promenade, which includes existing
residential units, office space, and retail space to be separately
leased, financed, or sold.
REAL ESTATE ADVISORY
SERVICES
5.K. Approval of Fifth Modification to Allan D. Kotin &
Associates Professional Services Agreement for Real Estate
Advisory Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City
Manager to negotiate and execute a fifth modification to
Professional Services Agreement (PSA) #9543 (CCS) with
Allan D. Kotin & Associates for continuation of real estate
advisory services related to the Santa Monica Pier and other
City projects. This modification will extend the term by one
year. This will result in a 12-year amended agreement with no
increase to the current authorized amount of $340,000, with
future year funding contingent on Council budget approval.
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PARKING
STRUCTURE #5
5.L. Approval of Agreement No. 11327 (CCS) with Otis
Elevator Company for Parking Structure #5 Elevator
Repair, was approved.
Recommended Action
Staff recommends that the City Council authorize the City
Manager to negotiate and execute an agreement with Otis
Elevator Company (Otis) for repairs to the Parking Structure 5
elevator for the Public Works Department. This recommended
award is made as an exception to the competitive bidding
process pursuant to Section 2.24.240 (a1, b, c, d3) and 2.24.250
(b) and is for a total amount not to exceed $503,000.
AFFORDABLE HOUSING FEES 5.M. Adoption of Resolution No. 11478 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTOMATICALLY ADJUSTING
THE AFFORDABLE HOUSING UNIT BASE FEE FOR
NEW MARKET-RATE MULTIFAMILY DEVELOPMENT
PURSUANT TO SANTA MONICA MUNICIPAL CODE
SECTION 9.64.070(B) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS” and
Resolution No. 11479 (CCS) entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTOMATICALLY ADJUSTING THE AFFORDABLE
HOUSING UNIT DEVELOPMENT COST PURSUANT TO
SANTA MONICA MUNICIPAL CODE SECTION
9.64.070(C) BASED ON CHANGES IN CONSTRUCTION
COSTS AND LAND COSTS”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached Resolution increasing the Affordable
Housing Unit Base Fee by 10.2 percent for new market-
rate apartments and condominiums (Attachment A).
2. Adopt the attached Resolution increasing the Affordable
Housing Unit Development Cost by 10.2 percent
(Attachment B).
CONSTRUCTION/
DEMOLITION MATERIALS
PROCESSING
5.N. Award Bid to Arakelian Enterprises, Inc., dba
Athens Services, for Construction and Demolition Materials
Processing, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 312 to Arakelian Enterprises, Inc., dba
Athens Services for construction and demolition
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material processing and recycling services for the
Public Works Department; and
2. Authorize the City Manager to negotiate and execute
Agreement No. 11328 (CCS) with Arakelian
Enterprises, Inc., dba Athens Services, in an amount
not to exceed $617,000 (including a 15% contingency)
for two years, with three additional one-year renewal
options in the amount of $1,020,000 on the same terms
and conditions for a total amount not to exceed
$1,637,000 over a five-year period, with future year
funding contingent on Council budget approval.
JOB CLASSIFICATIONS 5.O. Adoption of Salary Resolution No. 11480 (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: LEAD PARKING METER
TECHNICIAN, LEAD TRAFFIC SIGNAL TECHNICIAN,
PRINCIPAL LEGAL ANALYST, SAFETY
ADMINISTRATOR, TRAFFIC OPERATIONS
SUPERVISOR, TRAFFIC SIGNAL TECHNICIAN, TRANSIT
SAFETY OFFICER, TRANSIT TRAINING SUPERVISOR,
TRANSPORTATION MARKETING COORDINATOR, AND
USER EXPERIENCE DESIGNER”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution of the City of Santa Monica
establishing new classifications, revising classification
titles, and establishing salary rates for new or existing
classifications (Attachment A).
2. Approve the position and classification changes
(Attachment B).
MINUTES 5.P. Minutes for the City Council - Regular Meeting -
October 11, 2022, were approved.
PUBLIC INPUT ON
REMAINING AGENDA ITEMS:
Member of the public Denise Barton commented on Item 10.B.
Members of the public Olga Zurawska, David Morris
commented on Item 10.D.
Members of the public Denise Barton, Olga Zurawska, Anthony
Mollica (time donated by Mark Mollica), Asher Amir, Brian
Bornemann (read comment from Cain Senciac), Hunter Hall,
Matt Stauffer, Charles Craig, and Martin Ronzio-Garcia
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commented on Item 11.A.
Members of the public Elizabeth Gelfand Stearns, and Laurie
Snyder commented on Item 11.B.
Members of the public Philip Recht, Jessica Burton, Jibran
Shermohammed (time donated by Gina Gribow), Clay Collett,
Victor de la Cruz, and Jake Itzkowitz, commented on Item
14.A.
Members of the public Olga Zurawska and David Morris
commented on Item 16.C.
Members of the public Andy Schwich (time donated by Trevor
Kronemann), Ho Nguyen (time donated by Rian Weintraub),
Grace Benn (time donated by Victoria Findlater), Mike Layton,
Debbie Mahdessian, Paul Shaaf, Mark Gerlach, Anna
Andersson, Lesley Bracker, Alexander Rosteck, Troy Harris,
Paren Knadjian, Henry Catanzaro, Dominika Julliet, Troy
Hamner, Heather Baroff, Robert Elbinger, Molly Brog (time
donated by Ben Kiel), and Bara Sebkova, commented on Item
16.F.
Members of the public Ryan Olson, Jason Mastbaum, Natalya
Zeritskaya, Leonora Camner, and Matt Stauffer commented on
Item 16.I.
BREAK On the order of the Mayor Pro Tem, Council took a brief recess
at 9:52 p.m. and reconvened at 10:03 p.m. with all members
present, except Mayor Himmelrich and Councilmember
Negrete.
CONTINUED ITEMS:
DISABILITIES COMMISSION
8.A. Appointment to one unscheduled vacancy on the
Disabilities Commission for a term ending on 06/30/2025,
was continued to the November 15th meeting.
ORDINANCES:
FIRST COURT PROMENADE
10.A. Second Reading and Adoption of Ordinance No.
2725 (CCS) entitled “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING SECTION 3.36.150 OF CHAPTER 3 OF THE
SANTA MONICA MUNICIPAL CODE, TO ESTABLISH
THE FIRST COURT PROMENADE ON A PORTION OF
FIRST COURT BETWEEN SANTA MONICA
BOULEVARD AND ARIZONA AVENUE, IN THE CITY OF
SANTA MONICA, CALIFORNIA AS A PEDESTRIAN
MALL; AND PROHIBIT VEHICULAR TRAFFIC
THEREON”, was presented.
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Recommended Action
Staff recommends that the 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 Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich, Councilmember Negrete
BUILDING PERMIT
APPLICATIONS
Councilmember Negrete returned at
10:06 p.m.
10.B. Introduce for First Reading an Ordinance to Amend
Santa Monica Municipal Code 8.08.060 to Extend Building
Permit Application Expiration Dates for Projects Requiring
a Coastal Development Permit, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the CEQA findings in the staff report set forth
under “Environmental Review;”
2. Introduce for first reading the attached ordinance to
amend Santa Monica Municipal Code Section
8.08.060(h) to extend the building permit application
expiration date for projects requiring a Coastal
Development Permit.
Questions asked and answered of staff included: what are the
differences between this permit and other permits going to the
Coastal Commission; are there any projects that fall in that
category now, and what are the addresses for those projects.
Motion by Councilmember Brock, seconded Councilmember
Davis, to adopt the CEQA findings in the staff report set forth
under “Environmental Review” and 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
NOES: None
ABSENT: Mayor Himmelrich
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ECONOMIC RECOVERY 10.C. Second Reading and Adoption of Ordinance No.
2726 (CCS) entitled “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA TO AMEND
THE TEXT OF THE CITY’S ZONING ORDINANCE
RELATED TO ECONOMIC RECOVERY IN (1) THE CITY’S
DOWNTOWN, MIXED USE AND COMMERCIAL,
EMPLOYMENT, OCEANFRONT, AND PUBLIC AND
SEMI- PUBLIC DISTRICTS, EXCLUDING THE AREA
INCLUDING AND IMMEDIATELY ADJACENT TO THE
THIRD STREET PROMENADE; AND (2) THE AREA
INCLUDING AND IMMEDIATELY ADJACENT TO THE
THIRD STREET PROMENADE”, was presented.
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 Para, Davis, Negrete, Brock,
de la Torre, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
LOBBYING ACTIVITY 10.D. Introduction and First Reading of an Ordinance
Amending Santa Monica Municipal Code Sections 4.85.010
and 4.85.015 Related to Lobbying Activity and Participation
of Lobbyists on City of Santa Monica Boards and
Commissions, was presented.
Recommended Action
Staff recommends that the City Council introduce for first
reading the attached ordinance, which does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010
to further clarify and define “lobbying activity,” with a
financial threshold, with certain exceptions;
2. Adds Section 4.85.015 to prohibit any individual from
serving on a City board, commission, task force, or
advisory board if that individual is currently registered as
a lobbyist in the City of Santa Monica or registered as a
lobbyist in the two years prior to appointment.
Questions asked and answered of staff included: would this
only apply to people who lobby the City of Santa Monica; is
lobbyist defined the same way it is in other cities; is there a way
to provide a better definition of a lobbyist; if a Councilmember
gives more than $5,000 to an advocacy organization, would that
make them an Expenditure lobbyist; how is this going to be
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determined, will it be added to the application; and, is anyone
who accepts $50 payment to lobby in the city is considered a
lobbyist.
Motion by Councilmember Brock, seconded by Councilmember
Negrete, to amend the proposed ordinance by adding to the
lobbyist definition for any individual who receives economic
consideration to reduce it from $7,500 to an amount of at least
$50, and adding that a Lobbyist also includes an Expenditure
Lobbyist.
Councilmember Davis, proposed a friendly amendment to
change the voting requirement for Council to overrule the
requirement from a unanimous decision to two-third votes to be
appointed to a board and/or commission. The motion was
considered friendly by the maker and seconder.
Considerable discussion ensued on topics including, but not
limited to: the possible restrictiveness that the Expenditure
Lobbyist could limit some of the applicants; and, the $50 dollar
amount for in-kind or cash is an extremely small amount
considering what things cost.
City Attorney read into the record the proposed definition for
Economic Consideration to “means monetary or in-kind
payment or remuneration in an amount in excess of $50.00, or
the expectation of such remuneration, for engaging in the
legislative advocacy. Compensation does not include the salary
of an employee who devotes less than 20% of that employee’s
work time to legislative advocacy during any one year and who
engages in legislative advocacy only on behalf of a single
employer. Compensation also does not include reimbursement
of or payments for reasonable travel or business expenses, such
as copying, telephone charges and meals.”
Substitute motion by Councilmember Davis, seconded by
Mayor Pro Tem McCowan, to approve the ordinance, as
amended, to include the definition economic consideration as
read into the record by the City Attorney, as well as the friendly
amendment changing the voting requirement to a supermajority
instead of a unanimous vote of the Council to appoint to a board
or commission.
The substitute motion did not pass by the following vote:
AYES: Councilmember Davis, Mayor Pro Tem McCowan
NOES: Councilmembers Parra, Negrete, Brock, de la Torre
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ABSENT: Mayor Himmelrich
Councilmember Negrete proposed an amendment to the original
motion to update the economic consideration to be the same as
the language proposed in the Beverly Hills ordinance, with the
amendment to change the voting requirement. The amendment
was considered friendly by the maker.
The original 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, with the amendments. The motion was approved by
the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock,
de la Torre, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
CALIFORNIA BUILDING
STANDARDS
10.E. Second Reading and Adoption of Ordinance No.
2727 (CCS) entitled “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ARTICLE VIII OF THE SANTA MONICA
MUNICIPAL CODE BY ADOPTING THE 2022
CALIFORNIA BUILDING STANDARDS CODE AND THE
SANTA MONICA LOCAL AMENDMENTS TO THE
CALIFORNIA BUILDING STANDARDS CODE”, was
presented.
Motion by Councilmember Brock, 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 Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
STAFF ADMINISTRATIVE
ITEMS:
PARKLET PROGRAM
11.A. Santa Monica Permanent Parklet Program, was
presented.
Recommended Action
Staff recommends that the Council review the additional
information City staff included in the staff report concerning
wastewater fees, outdoor heaters, canopies, and parklet size
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under the Parklet Program and provide comments.
Questions asked and answered of staff included: how much of
the wastewater fees go to Santa Monica and why has the fee
doubled since 2020; what is the difference between indoor
dining and fast food; what if a restaurant no longer serves lunch
and dinner, how are their fees reduced; how is it fair for the
parklets to pay the new fee when the parklet program is not
even permanent; if a restaurant only has a few years left on their
lease, does this fee go to the landlord or the next restaurant
owner; what is the number of increase seats requested in the
applications; what would be the impact on the wastewater fee if
the fee was amortized over the term of their lease; after the
inspection, how much do we expect the number of seats to
increase; for safety reasons, is there any flexibility with using a
see through barrier; is there flexibility for the height on the
canopies and umbrellas; can a case by case exception be made
to allow more than two parking spaces, as long as they have
consent from their neighbors; how much communicating with
the stakeholders was done before this program was brought
forth, and how can we do better to make sure the stakeholders
are aware of any changes; how are the monies used that are
collected from these fees; is the fees used so that our
infrastructure doesn’t fail and on-going maintenance; will we be
in a better water situation as a result of the investment made
using these wastewater fees; if the water fee is extended beyond
five years, won’t that cause a problem with the fees having to be
reassessed; do we also collect a similar fee if someone is
building affordable housing; is it legal to take the fee from one
location to an other; when does the 20% need to be paid to the
City of Los Angeles; when does the wastewater fee have to be
paid by the restaurant; is it expected that any of the restaurants
will have to pay the wastewater fee before the end of the year; is
the $900 propane fee still intact; does the propane fee cover five
or more heaters: if a restaurant has too many propane tanks, do
they receive a fine; are most restaurants aware of the propane
requirements and realize that there would be an additional fee;
what is the actual dollar amount that goes to L.A. County for
the seat fee; explain how an dormant business that was paid up
can come in and not feel the impact of the wastewater fee
because their fee was previously paid up based on the old
business; and, how does any adjustments effect any of the
businesses who have already applied.
Considerable discussion ensued on topics including, but not
limited to: maintain the compliance deadline for February 28th,
but extend the only charge the L.A. County fees upfront fee for
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now, have April 3rd charge the rest of the fee as well as offer
other options for payment, with a three-year plan instead of
five-year plan for the parklet program; follow the state’s canopy
and umbrella rules; support the two space parklet; parklets need
to be safe, but show uniqueness with individuality; support any
idea to support small businesses; support moving to pay the 20
percent for the City of L.A.’s portion, but the hardship waiver
to pay should be up to 5 years period; would like to modify the
maximum number of parking spaces on a case by case basis, if
your neighbor allows you to use their allotted spaces; and look
for other options for propane storage.
Direction given to staff to come back with a modified ordinance
to include: for the parklet program, keeping the compliance
deadline for February 28th; extend by the licensing agreement the
date at which payment begins for the wastewater fees to April 3rd
as the date to pay the 20% to the fees for the City of L.A., with a
three-year repayment plan for the remaining 80% to be paid to
the City of Santa Monica; provide clarification on propane fees;
return with options for propane storage; and, there was indecision
about whether to provide a case by case basis for allowing more
than two parking spaces.
AGENDA MANAGEMENT Motion by Councilmember Negrete, seconded by
Councilmember Brock, to continue Items 16.B. through 16.I to
the November 1st Special meeting and continue Item 16.A to the
November 15th Regular meeting. The motion was unanimously
approved by voice vote, with Mayor Himmelrich absent.
HOME-SHARING PROGRAM 11.B. Adoption of Resolution No. 11481 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING A HOME-SHARE
LEGALIZATION PROGRAM”, was presented.
Recommended Action
Staff recommends that City Council:
1. Adopt findings set forth in “Environmental Analysis”
determining the adoption of a resolution to establish a
home-share legalization program is exempt under the
California Environmental Quality Act; and
2. Adopt a resolution establishing a home-share
legalization program to authorize issuance of
temporary, conditional home-share permits pending
amendments to the City’s home-share regulations.
Motion by Councilmember Brock, seconded by Councilmember
Negrete, to adopt the staff recommendation. The motion was
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approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete,
Davis, Parra, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
CONTINUE MEETING Motion by Councilmember Davis, seconded by Councilmember
Brock, to continue past 11 p.m. with Item 14.A. The motion
was unanimously approved by voice vote, with Mayor
Himmelrich absent.
RESOLUTIONS:
DIGITAL WAYFINDING
14.A. Adoption of a Resolution Declaring Intention to
Award a Franchise Agreement for RFP 300: Digital
Wayfinding and Out-of-Home Advertising Kiosk Program,
was presented.
Recommended Action
Staff recommends that the City Council adopt the attached
Resolution of Intent declaring the Council’s intent to hold a
public hearing on November 15, 2022, to award a franchise to
BIG Outdoor for the installation, operation, and maintenance of
a digital wayfinding and out-of-home advertising kiosk network
for a 20-year term, per the terms and conditions stated in the
resolution.
Questions asked and answered of staff included: are those
actual kiosk or are those simulations; are they digital or static;
are all of the features available on all kiosk or are they all
different; how do they know if their kiosk use less energy than
their competitors; in any of the cities do they use the camera
access with the local Police; are there any major technological
problems with any of their kiosk currently in use; how long will
it take to install the units; does the profit sharing begin only
after the first 25 are installed; what are the discounts for local
businesses; how much of the content will the city be able to
place on the units; are there any internal policies that the city
won’t be able to post; were there side by side demonstrations to
make comparisons; was the functionality the same between all
the same companies; what does it mean when you say it’s going
to be unique to Santa Monica; for ADA compliance, does that
include visual; is the vendor required to having a specific
amount of employees, is that part of the RFP; is there a plan to
incorporate art in the kiosk; what are the Council’s options for
tonight; what will we see in Santa Monica over the next six
months; what can the kiosk do, and what are the capabilities;
what are the features for a person who rolls up in a wheelchair;
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has the architect to design been hired already; how long will the
design to build process take; what is the financial expectation
for the city once all of the first 25 kiosk are deployed; what are
the options before Council tonight; is the company going to be
subcontracting most of the work out; is the profit-sharing model
something that is very common, and what role does the City
Council have in the kiosk design process.
Considerable discussion ensued on topics including, but not
limited to: would like to have a comparison to provide a clearer
understanding of the financials, as well as the product; if the
Council decided to refuse the proposal, what would be the next
steps; wanting a better understanding of the legal process and
what options are available to Council: would like a product
demonstration; concern if a contingency can be built in before
the Council is able to see a demonstration; and, request for a
continuation of this item, until the November 15th meeting, with
a demonstration prior to that meeting.
Motion by Councilmember Brock, seconded by Councilmember
Negrete, to continue to the November 15th meeting, with full
functioning demonstration in Santa Monica prior to that meeting.
The motion was unanimously approved by voice vote, by all
members present.
COUNCILMEMBER
DISCUSSION ITEMS:
PERSONNEL BOARD
16.A. Appointment to one unscheduled vacancy on the
Personnel Board for a term ending on 6/30/2023, was
continued to the November 15th meeting.
ARCHITECTURAL REVIEW
BOARD
16.B. Recommendation to accept Therese Kelly's
resignation from the Architectural Review Board and
authorize the City Clerk to publish the vacancy, was
continued to the November 1st meeting.
MEASURE A 16.C. Request of Mayor Himmelrich and Councilmember
Davis that the City Council express its support for Los
Angeles County Measure A. Measure A would amend the
Charter of the County of Los Angeles to grant the Board of
Supervisors authority to remove an elected Sheriff from
office for cause by a supermajority (4 out of 5) of the Board,
was continued to the November 1st meeting.
LINCOLN BOULEVARD 16.D. Request of Councilmembers Negrete and Brock that
the City Manager evaluate options to enhance the
maintenance and appearance of Lincoln Boulevard between
Olympic Boulevard (north and south), inclusive of portions
of Olympic Blvd east and west of Lincoln, as depicted
roughly in the shaded area in the attached map. This is a
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highly trafficked and visible area of the City and serves as a
gateway for visitors to Santa Monica and the City Manager
is being asked to return to City Council with options to
improve the area, was continued to the November 1st meeting.
SISTER CITIES
COMMEMORATION
16.E. Request of Councilmember Brock to direct the City
Manager to evaluate the potential of programming the open
space along Main Street adjacent to the City Hall North
Parking Lot in partnership with the Santa Monica Sister
City Association that would commemorate our five Sister
Cities: Mazatlan, Mexico (1961), Hamm, Germany (1969),
Fujinomiya, Japan (1974), Kizugawa, Japan (2017), and
Brighton, England (2022), was continued to the November 1st
meeting.
PICKLEBALL COURTS 16.F. Request of Councilmember Negrete to direct the City
Manager to develop construction and annual maintenance
cost estimates and evaluate the impacts of constructing
courts dedicated to pickleball on the Interim Open Space at
Santa Monica Airport adjacent to Airport Park as soon as
possible while supporting other current and planned uses on
the Interim Open Space. The City Manager is also being
asked to produce a schedule of permitted and open
recreational use of the tennis / pickleball courts at Memorial
Park and evaluate the potential to expand the use of the
courts at Memorial Park for pickleball, was continued to the
November 1st meeting.
SMOKING 16.G. Request of Councilmember Negrete that the City
Council direct the City Manager and City Attorney to come
back with a proposed Ordinance to the City’s Smoking
Ordinance, Section 4.44.020(a) of the Santa Monica
Municipal Code (“SMMC”), to prohibit smoking in multi-
unit residential common areas, and the public right-of-way
areas around multi-unit residential buildings, was continued
to the November 1st meeting.
COUNCIL TRAVEL 16.H. Request of Mayor Pro Tem McCowan that the City
Council authorize use of her travel funds for costs incurred
from her July 27-30, 2022 travel to Brighton, England for
the official Friendship City signing ceremony in partnership
with Santa Monica Travel and Tourism and the Santa
Monica Sister City Association, was continued to the
November 1st meeting.
BUILDER’S REMEDY 16.I. Request of Councilmembers Brock, Parra and de la
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Torre, in the wake of residents’ concerns about the
“Builder’s remedy” permits just filed for 1,000s of new
housing units, overwhelmingly market rate and up to 15
stories, that the Council ask the City Attorney to hire
appropriate outside legal counsel to conduct a thorough
review and write a report regarding the City’s legal options
and remedies, including rejecting the applications under all
applicable laws. The law firm hired to conduct this review
shall be selected by the City Council and shall have the
power to obtain documents it deems useful to its legal
review and be given full cooperation by staff and elected
and appointed officials, was continued to the November 1st
meeting.
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting
adjourned at 3:07 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kristin McCowan
City Clerk Mayor Pro Tem
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