1 July 25, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 25, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, July 25, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA and teleconference at 2345 23rd Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (arrived at 5:33 p.m.)
Councilmember Christine Parra (via telephone)
Councilmember Caroline Torosis (arrived at 5:34 p.m.)
Councilmember Jesse Zwick
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 de la Torre and Torosis. City Attorney Douglas Sloan led the assemblage in the Pledge of Allegiance.
AGENDA MANAGEMENT
Councilmember de la Torre
arrived at 5:33 p.m.
Councilmember Torosis
arrived at 5:34 p.m.
Motion by Mayor Davis, seconded by Councilmember Brock, to suspend Council rules to allow public comment on Items 3.C. and 3.D., even though the public hearing was previously closed. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSTAIN: Councilmember Torosis
Motion by Mayor Davis, seconded by Councilmember Brock, to pull and continue Item 13.A. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
GENERAL PUBLIC
INPUT:
Members of the public Jerry Rubin, Tony Stone, Mary Flow, Eve Lopez, Bridgette Rivera, Kyle Gosselin, Kathie Lamm, John Alle, Johnathan DocuSign Envelope ID: 2642B660-C991-4137-BE69-6E63F9D74187 2 July 25, 2023
Foster, Lucian Tudor, and Ester Hickman commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Jerry Rubin, Denise Barton, Bea Nemlaha, and Joe Dirosa (time donated by Esther Hickman) commented on closed session items.
There were no members of the public present to comment on special agenda items.
Member of the public Eve Lopez commented on consent calendar items.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:09 p.m., to consider closed sessions and returned at 7:40 p.m., with Councilmembers Brock, de la Torre and Mayor Pro Tem Negrete absent to report the following:
3.A. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Murcia v. City of Santa Monica et al.; United States District Court, Central District of California, Case No. 22-cv-05253-FLA-MAR
The City Attorney advised this matter was heard with no reportable action taken.
3.B. Conference with Legal Counsel – Existing Litigation, Deciding Whether to Participate as an Amicus – Gov. Code Section 54956.9(d)(1); L.W. et al., by and through her parents and next friends, Samantha Williams and Brian Williams v. Jonathan Skrmetti et al., Case No. 3:23-cv-00376, United States District Court, M.D. Tennessee
The City Attorney advised this matter was heard with no reportable action taken.
3.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang; Owner of Record: City of Santa Monica; Persons to be negotiated with: Cary Upton, Chief Operations Officer, Santa Monica Malibu Unified School District; Under negotiation: Price and Terms of Payment for Sale
The City Attorney advised this matter was heard with no reportable action taken.
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3.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Jesus Hernandez, Director of Housing Development, Community Corporation of Santa Monica; Under negotiation: Price and Terms of Payment for Sale The City Attorney advised this matter was heard with no reportable action taken.
SPECIAL AGENDA
ITEMS:
Mayor Pro Tem Negrete
returned at 7:42 p.m.
Councilmembers de la Torre
and Brock returned at
7:43 p.m.
4.A. City Manager's Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Brock attended the National League of Cities conference in Tacoma, WA, where he reported he sat on two committees to discuss public safety and crime prevention and the Council education, families and youth. They worked on potential request for appropriations from the 2024 Congress and discussed the problems of all cities.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Motion by Councilmember Brock, seconded by Councilmember Zwick, 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, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
AIRPORT RENOVATION 5.A. Award Construction Contract No. 11449 (CCS) for the 2800 Airport Avenue Renovation Project, was approved.
Recommended Action
Staff recommends that the City Council:
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Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.
1. Award Bid #SP2686 to Olympos Construction, Inc., for construction services for the 2800 Airport Avenue Building Renovation Project for the Public Works Department.
2. Authorize the City Manager to negotiate and execute Contract No. 11449 (CCS) with Olympos Construction, Inc., in an amount not to exceed $3,312,100 (including a $301,100 contingency).
3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
UNIFORMS CONTRACT 5.B. Approval of First Modification to Agreement No. 10734 (CCS) with Becnel Uniforms for Motor Coach Operators Uniforms, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the
California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 10734 (CCS) in an amount not to exceed $95,000 with Becnel Uniforms for the provision of Motor Coach Operators (MCOs) uniforms for the Department of
Transportation. This will result in an amended agreement with a new total amount not to exceed $776,000, with the original fiveyear term of the agreement remaining unchanged.
EMPLOYEE PAY PLAN 5.C. Adoption of Resolution No. 11541 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO REVISE THE
CONFIDENTIAL UNREPRESENTED EMPLOYEES PAY PLAN,”
was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the proposed Resolution (Attachment A) accepting the Confidential Unrepresented Employees (CUE) Pay Plan;
2. Adopt a finding of Categorical Exemption pursuant to Section 15324 of the California Environmental Quality Act (CEQA) Guidelines
MINUTES 5.D. Approval of Minutes of City Council - Regular Meeting - May 9, 2023 5:30 PM, were approved.
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MINUTES 5.E. Approval of Minutes of City Council - Regular Meeting - May 23, 2023 5:30 PM, were approved.
MINUTES 5.F. Approval of Minutes of City Council - Regular Meeting - Jun 13, 2023 5:30 PM, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Jerry Rubin, Esther Hickman, Ericka Lesley, Angela Scott, George Centeno, Derek Devermont, Dante Harrington, Brian Stedge, and Barry Snell commented on Item 8.A.
Members of the public Lucian Tudor, Ericka Lesley, and Andria McFarland commented on Item 10.C.
Members of the public Jerry Rubin, Denise Barton, John Alle (time donated by Eve Lopez), Lucian Tudor, Ericka Lesley, Angela Scott, Joe Dirosa, Judy Kruger, Albin Gielicz, Adrian McFarland, Sam Jagger, Arthur Jeon, Julia Ladd, Lori Vrastil, Mandi Prince, Amy Gottstein, and Barry Snell commented Item 11.A.
Members of the public Jerry Rubin and Denise Barton commented on Item 16.C.
Member of the public Joe Sullivan commented on Item 16.D.
Member of the public Angela Scott commented on Item 16.E.
CONTINUED ITEMS:
BOARDS AND
COMMISSIONS
APPOINTMENTS
8.A. Annual Appointments to the following Boards and
Commissions. Continued from 7/18/2023.
Board/Commission No. of
Seats
Term End
Date
Special
Requirements
Airport Commission 2 6/30/2027 Reside in the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Geoffrey Neri for reappointment.
There being no other nominations, Geoffrey Neri was reappointed to the Airport Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis,
de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
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ABSENT: None
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Margaret Griffin
Councilmember Zwick nominated Spencer Gross.
Margaret Griffin was appointed to the Airport Commission for a term ending June 30, 2027, by the following vote:
Griffin: Councilmembers de la Torre, Brock, Parra,
Mayor Pro Tem Negrete, Mayor Davis
Gross: Councilmembers Torosis, Zwick
Councilmembers Zwick and Torosis changed their votes to Griffin, thereby appointing Margaret Griffin unanimously to the Airport Commission, with all members present.
Architectural Review
Board
1 6/30/2027
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Edward Scott for reappointment.
There being no other nominations, Edward Scott was reappointed to the Architectural Review Board for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Arts Commission 3 6/30/2027 Reside or work in
the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Kathleen Benjamin for reappointment.
There being no other nominations, Kathleen Benjamin was reappointed to the Arts Commission for a term ending June 30, 2027, by the following vote:
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AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Deepa Subramaniam for reappointment.
There being no other nominations, Deepa Subramaniam was reappointed to the Arts Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers de la Torre, Brock, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Torosis
ABSENT: None
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Ana Boghosian.
Councilmember Zwick nominated Ethan Karetsky
Mayor Pro Tem Negrete nominated Michelle Edgar
Michelle Edgar was appointed to the Arts Commission for a term ending June 30, 2027, by the following vote:
Boghosian: Councilmembers Parra, Brock
Karetsky: Councilmember Zwick
Edgar: Councilmembers Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
Councilmembers Parra, Zwick and Brock changed their votes to Edgar, thereby appointing Michelle Edgar unanimously to the Arts Commission, with all members present.
Commission on
Sustainability,
Environmental Justice
and the Environment
2 6/30/2027 Reside or work in
the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Dean Kubani.
Councilmember Zwick nominated Gerda Newbold.
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Dean Kubani was reappointed to the Commission on Sustainability, Environmental Justice and the Environment for a term ending June 30, 2027, by the following vote:
Kubani: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
Newbold: None
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Gerda Newbold.
Mayor Davis nominated Susan Mearns.
Susan Mearns was reappointed to the Commission on Sustainability, Environmental Justice and the Environment for a term ending June 30, 2027, by the following vote:
Newbold: Councilmembers Zwick, Torosis, Mayor Davis
Mearns: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete,
Councilmembers Zwick, Torosis and Mayor Davis changed their votes to Mearns, thereby appointing Susan Mearns by a unanimous vote to the Commission on Sustainability, Environmental Justice and the Environment for a term ending June 30, 2027, with all members present.
Disabilities
Commission
1 6/30/2027 Reside in the City.
This item was continued to the August 22nd meeting, due to a lack of applicants.
Housing Commission 2 6/30/2025 Two must be
affordable housing
program participant
where one is 62-
years or older and
the other is
unhoused or
formerly unhoused.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Theresa Marasco for reappointment.
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There being no other nominations, Theresa Marasco was reappointed to the Housing Commission for a term ending June 30, 2025, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the second seat was continued to the August 22nd meeting to verify an applicants’ eligibility requirement.
Human Services
Commission
2 6/30/2027 Reside in the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Alexis Hemphill-Elsea for reappointment.
There being no other nominations, Alexis Hemphill-Elsea was reappointed to the Human Services Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Susan Einbinder.
There being no other nominations, Susan Einbinder was reappointed to the Human Services Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Personnel Board 1 6/30/2027 Reside in Santa
Monica or LA
County that is
employed within the
City, own property
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or hold business
licenses in the City
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Melanie Allen for reappointment.
There being no other nominations, Melanie Allen was reappointed to the Personnel Board for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Planning Commission 3 6/30/2027 Reside in the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Jim Ries.
Mayor Pro Tem Negrete nominated Josh Hamilton.
Jim Ries was reappointed to the Planning Commission for a term ending June 30, 2027, by the following vote:
Ries: Councilmembers de la Torre, Torosis, Parra, Zwick, Mayor Davis
Hamilton: Councilmember Brock, Mayor Pro Tem Negrete
Councilmember Brock changed his vote to Ries, thereby reappointing Jim Ries to the Planning Commission for a term ending June 30, 2027, with all members present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Nina Fresco, who needs 5 votes for reappointment.
Mayor Davis nominated Josh Hamilton.
No one was successfully appointed by the following vote:
Fresco: Councilmembers de la Torre, Brock, Parra,
Mayor Pro Tem Negrete
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Hamilton: Councilmembers Torosis, Zwick, Mayor Davis
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Mario Fonda-Bonardi, who needs five votes for reappointment.
Councilmember Zwick nominated Josh Hamilton.
No one was successfully appointed by the following vote:
Fonda-Bonardi: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete
Hamilton: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Mario Fonda-Bonardi, who needs five votes for reappointment.
Councilmember Torosis nominated Josh Hamilton.
No one was successfully appointed by the following vote:
Fonda-Bonardi: Councilmembers de la Torre, Brock, Parra, Mayor Pro Tem Negrete
Hamilton: Councilmembers Torosis, Zwick, Mayor Davis
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Nina Fresco, who needs five votes to be reappointed.
Councilmember Torosis nominated Josh Hamilton.
No one was successfully appointed by the following vote:
Fresco: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
Hamilton: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Josh Hamilton.
Councilmember Brock nominated Nina Fresco, who needs five votes for reappointment.
Mayor Pro Tem Negrete nominated Mario Fonda-Bonardi, who needs five votes for reappointment.
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No one was successfully appointed by the following vote:
Hamilton: Councilmembers Torosis, Zwick, Mayor Davis
Fresco: Councilmembers de la Torre, Brock, Parra,
Fonda-Bonardi: Mayor Pro Tem Negrete
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Mario Fonda-Bonardi, who needs five votes for reappointment.
Councilmember Torosis nominated Josh Hamilton.
No one was successfully appointed by the following vote:
Hamilton: Councilmembers Zwick, Torosis, Mayor Davis
Fonda-Bonardi: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Josh Hamilton.
There being no other nominations, Josh Hamilton was appointed to the Planning Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
Councilmember Parra changed her vote to Hamilton, thereby unanimously appointing Josh Hamilton to the Planning Commission for a term ending June 30, 2027, with all members present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Mario Fonda-Bonardi, who required five votes for reappointment.
Mayor Davis nominated Nina Fresco, who required five votes for reappointment.
No one was successfully appointed by the following vote:
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Fresco: Councilmembers Torosis, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Mario Fonda-Barnardi, who required five votes for reappointment.
Councilmember Torosis nominated Nina Fresco, who required five votes for reappointment.
Nina Fresco was appointed to the Planning Commission for a term ending June 30, 2027, by the following vote:
Fonda-Barnardi: Councilmembers Brock, Parra
Fresco: Councilmembers Zwick, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
Councilmember Parra changed her vote to Fresco, thereby reappointing Nina Fresco to the Planning Commission for a term ending June 30, 2027, with all members present.
Public Safety Reform
and Oversight
Commission
3 6/30/2027 At least one shall be
between 18-22
years.
Because there were no applicants for the 18-22 year old category, that appointment was continued to the August 22nd meeting.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Negrete nominated Albin Gielicz.
Councilmember Torosis nominated Derek Devermont.
Councilmember Parra nominated Jaime Cruz.
Jaime Cruz was reappointed to the Public Safety Reform and Oversight Commission for a term ending June 30, 2027, by the following vote:
Gielicz: Mayor Pro Tem Negrete
Devermont: None
Cruz: Councilmembers Zwick, Parra, Brock, Torosis,
de la Torre, Mayor Davis
Mayor Pro Tem Negrete changed her vote to Cruz, thereby reappointing Jaime Crux unanimously to the Public Safety Reform and Oversight Commission for a term ending June 30, 2027, with all DocuSign Envelope ID: 2642B660-C991-4137-BE69-6E63F9D74187 14 July 25, 2023
members present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Aimee Goldberg.
Mayor Pro Tem Negrete nominated Albin Gielicz.
Councilmember Torosis nominated Derek Devermont.
Councilmember de la Torre nominated Jason Feldman.
No one was successfully appointed by the following vote:
Goldberg: Councilmembers Brock, Parra
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Torosis, Zwick, Mayor Davis
Feldman: Councilmember de la Torre
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated Aimee Goldberg.
Mayor Pro Tem Negrete nominated Albin Gielicz.
Councilmember Torosis nominated Derek Devermont.
No one was successfully appointed by the following vote:
Goldberg: Councilmembers de la Torre, Brock, Parra
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Torosis, Zwick, Mayor Davis
On order of the Mayor, the floor was opened for nominations:
Councilmember Brock nominated Aimee Goldberg.
Mayor Pro Tem Negrete nominated Albin Gielicz.
Councilmember Torosis nominated Derek Devermont.
No one was successfully appointed by the following vote:
Goldberg: Councilmembers Parra, Brock, de la Torre
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations:
Councilmember Brock nominated Aimee Goldberg.
Mayor Pro Tem Negrete nominated Albin Gielicz.
Councilmember Torosis nominated Derek Devermont.
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No one was successfully appointed by the following vote:
Goldberg: Councilmembers Parra, Brock, de la Torre
Gielicz: Mayor Pro Tem Negrete
Devermont: Councilmembers Zwick, Torosis, Mayor Davis
On order of the Mayor, the floor was opened for nominations:
Councilmember Brock nominated Aimee Goldberg.
Councilmember Torosis nominated Derek Devermont.
Derek Devermont was reappointed to the Public Safety Reform and Oversight Commission for a term ending June 30, 2027, by the following vote:
Goldberg: Councilmembers Brock, Parra, Mayor Pro Tem Negrete Devermont: Councilmembers de la Torre, Torosis, Zwick,
Mayor Davis
Recreation and Parks
Commission
1 6/30/2027 Reside in the City.
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Ann Bowman.
Councilmember Torosis nominated Sean Beser.
Ann Bowan was appointed to the Recreation and Parks Commission for a term ending June 30, 2027, by the following vote:
Bowman: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
Beser: Councilmembers Zwick, Torosis, Mayor Davis
Councilmembers Torosis, Zwick and Mayor Davis changed their votes to Bowman, thereby appointing Ann Bowman unanimously to the Recreation and Parks Commission for a term ending June 30, 2027, with all members present.
Santa Monica Library
Board
1 6/30/2027 Reside in the City.
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Antonio Spears.
Councilmember Torosis nominated Heidi Aimonetti.
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Antonio Spears was appointed to the Santa Monica Library Board for a term ending June 30, 2027, by the following vote:
Aimonetti: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
Spears: Councilmembers Zwick, Torosis, Mayor Davis
Councilmembers Zwick, Torosis, and Mayor Davis changed their votes to Spears, thereby unanimously appointing Antonio Spears to the Santa Monica Library Board for a term ending June 30, 2027, with all members present.
Urban Forest Task
Force
2 6/30/2025 Must be current or
past certified
arborist. All must
reside, work or hold
business licenses in
the City
On order of the Mayor, the floor was opened for nominations.
Mayor Davis nominated Armando Martinez for reappointment.
Armando Martinez was reappointed to the Urban Forest Task Force for a term ending June 30, 2025, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the second appointment was continued to the August 22nd meeting to determine if the second appointment is required to be an Arborist.
AUDIT SUBCOMMITTEE 8.B. Appointment to two annual Councilmember vacancies on the Audit Subcommittee for a term ending June 30, 2027, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra and Mayor Davis agreed to be reappointed for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
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ABSENT: None
ORDINANCES:
WELL PROHIBITION
10.A. Second Reading and Adoption of Ordinance 2752 (CCS) enititled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTION 7.18.040 OF THE
SANTA MONICA MUNICIPAL CODE TO UPDATE WELL
PROHIBITION REQUIREMENTS,” was presented.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ECONOMIC RECOVERY 10.B. Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and Provide Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic Recovery, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading an Interim Zoning Ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic recovery.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with changes to include Santa Monica Place. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
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NOES: None
ABSENT: None
HOUSING PROJECTS 10.C. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Provide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of the City’s 6th Cycle (2021-2029) Housing Element, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section15162 based on a determination that the adoption of development incentives as set forth in the proposed ordinance amending the Zoning Ordinance was
analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by the City Council on October 12, 2021 with an Addendum to the EIR approved by the City Council on October 11, 2022.
2. Introduce for first reading an Ordinance amending the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.
Questions asked and answered of staff included, are we building on the builder’s remedy settlement from May and building on that agreement.
Motion by Councilmember Zwick, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, and approve the recommended action. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ELECTRIC LEAF
BLOWERS
10.D. Introduction and First Reading of Ordinance Amending SMMC Sections 4.08.270 and 4.12.180 to Authorize Electric Leaf Blowers, was presented.
Recommended Action
Staff recommends that the City Council
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1. Introduce for first reading the attached ordinance amending sections 4.08.270 and 4.12.180 of the Santa Monica Municipal Code to authorize the use of electric leaf blowers.
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
Questions asked and answered of staff included: once this passes, how soon will it be implemented; would it be possible to have a flyer made up in Spanish and English with a QR code to go directly to the city’s webpage to provide information and resources to the gardeners and homeowners; can fines be deferred for six months to issue warnings for first time offenders instead of penalties; did the sustainability commission recommend that a policy be created to do outreach and educate those impacted prior to issuing penalties; can the person using the illegal leafblower be sited or is it on the owner; and, how much time is going to be given to notify landscapers of the new law.
Considerable discussion ensued on topics including, but not limited to, that this ordinance will help improve the environment by removing gasoline operated devices.
Motion by Councilmember Zwick, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with an amendment to hold off on issuing administrative citations for 180 days.
Councilmember Brock proposed a friendly amendment to hold off on issuing criminal citations for 180 days. The amendment was considered friendly by the maker.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
DTSM FY23-24 BUDGET
11.A. Approval of Downtown Santa Monica, Inc. (“DTSM”)
FY2023-24 Budget and Work Plan and Authorization of Various Agreements Between City and DTSM, was presented.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Approve the Downtown Santa Monica, Inc. (DTSM) Fiscal Year 2023-24 Budget and Work Plan;
3. Authorize the City Manager to execute proposed Master Services Agreement between DTSM and City to replace and supersede the Amended and Restated Services Agreement (CCS 9063) executed in 2019, (“Services Agreement”) to authorize DTSM to retain private security services for downtown Santa Monica for a oneyear pilot program and also replace and supersede the existing Maintenance Services Agreement (CCS 9626), executed in 2012, by including in the Master Services Agreement the ongoing responsibilities of DTSM and City pertaining to custodial services for City’s parking structures and DTSM’s license to use a portion of parking structures 5 and 6;
4. Authorize the City Manager to negotiate and execute a First Modification to the Memorandum of Understanding with DTSM for community events at Lot 27 to extend the term for two additional years (to 2025) and expand the site area to authorize DTSM to temporarily activate the City-owned lot at 1318 4th Street for community events and activities consistent with DTSM’s roles and responsibilities under the proposed Master Services Agreement;
5. Authorize the City Manager to reinstate and amend the Third Street Promenade Public Services Program and Amenities
License Agreement with DTSM to continue activation of the Promenade, including the addition of operating a Promenade vending cart program for four additional years, exercised by annual options (to 2027); and
6. Authorize the City Manager to negotiate and execute a Letter of Intent between the City, DTSM and Rooftop Cinema Club for the activation of the Parking Structure 6 rooftop space as an outdoor movie theater.
Questions asked and answered of staff included: will having private security take away from any of SMPD overtime; will the private security have access to any of the city’s Police department’s resources such as access to radios or 911 calls made by businesses; is there a plan to charge for parking in locations that don’t currently charge for parking; is it correct that approximately 16 Ambassador positions are being replaced by the Cover 6 security service; how many of the security officers will be armed; what is the rationale given to have armed guards in the downtown area; what instance would we want a security officer firing their gun in the downtown area; who would be liable if a shooting occurred; what kind of trainee do the supervisors have that will be deployed to DocuSign Envelope ID: 2642B660-C991-4137-BE69-6E63F9D74187 21 July 25, 2023
downtown; are there any certifications they require before they become supervisors; is there an agency that is responsible for overseeing security companies and their training; is there any reason all of the security officers are not being armed; in the downtown areas, what is the percentage of vacancies in the downtown; how does the vacancy rate compare to last year; have there been any surveys from businesses to help figure out ways to incentivize businesses to want to move into the downtown area; has there been any conversation from corporations about subdividing properties to encourage smaller businesses to move into the downtown; will the guards walking downtown be armed or is it only the armed supervisor who will be in a vehicle; would DTSM be willing to increase more security when special and larger events are occurring in the city; what is the majority of Cover 6’s engagement in communities; how are Cover 6 employees trained to engage with those who are dealing with mental issues; does Cover 6 connect with only city resources or are other organizations that the security company connects with; is Cover 6’s personnel more trained on de-escalation; aside from Cover 6, what else can be expected to improve and enhance safety in the downtown; will this plan have a positive affect to improve the downtown area; how many use of weapons have been used in Beverly Hills; what is it that we want to do to make it easy for businesses to set up and establish business here in Santa Monica; what resources are being used to assist with social services; is there a process in place for security officers to assist those who are in need; is there an escalation plan in place for Santa Monica; what is the order of process on when the Police department is called; how are the supervisors armed and what type of weapon do they carry; how often does DTSM seek mental health providers to assist with individuals that need assistance; are Cover 6 employees required to have any type of degrees; what types of weapons will Cover 6 officers carry; during the course of this one-year pilot, is there anticipation from DTSM to receive reports from Cover 6 and what will those reports entail; are there any type of metrics to determine if their services are useful; how would the metrics be broken down to determine how much of what Cover 6 is providing, versus what the city is providing is making a difference; will the reports be presented at a DTSM meeting; and, where will the vehicle supervisor be located and will the vehicle be moving.
Considerable discussion ensued on matters including, but not limited to:
concern about having private security armed in the downtown; don’t believe that hiring private security will change the shopping habits, make residents feel safe, or will it solve the homeless problem, and are hesitant to think it’s a good thing to hire armed security guards to solve problems; this is a year pilot, and we can come back in a year to see if what is being proposed is working; will help make residents feel safer about their young families visiting the Promenade; hopeful that this makes the impression that this is more than security, this is more about engagement; DocuSign Envelope ID: 2642B660-C991-4137-BE69-6E63F9D74187 22 July 25, 2023
support the plan to create a safe secure downtown experience for residents and visitors; if Cover 6 can provide a more secure experience for those who visit the downtown, then it will be a success; this is just adding another layer of security to our downtown area; don’t understand why armed security has to be deployed in order to provide secure engagement in our downtown; and, not necessarily in support of having armed officers, but trust DTSM’s recommendation that having this addition will provide a perception of a more safe downtown.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation, with the proposed language change from staff.
Councilmember Zwick proposed a friendly amendment that the security services not be armed. The motion was not considered friendly by the maker and seconder.
Councilmember Zwick proposed a friendly amendment that no rounds be chambered until that officer is engaged in an escalating forceful situation.
The motion was not considered friendly by the maker.
Substitute motion by Councilmember Zwick, to approve the recommendation with the added stipulation that Cover 6 not deploy security forces that are armed with firearms. There being no second, the motion did not pass.
The original motion, with proposed changes from staff was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
BOARDS/COMMISSIONS
HOUSING COMMISSION
REPORT
13.A. Santa Monica Housing Commission Report: Creating Equity - Affordable Homeownership in Santa Monica, was pulled at the request of the Housing Commission and continued to a future meeting.
COUNCILMEMBER
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
16.A. Recommendation to rescind the July 14, 2022, appointment of Sonya Wilson and Boyko Buchinsky to the Human Services
Commission; and, consider new appointment to the vacancy on the Commission with a term ending June 30, 2026, was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to accept the resignation and have the Clerk advertise the vacancies. The motion was approved by the following vote:
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AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
VOTING DELEGATE
DESIGNATION
16.B. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Expo, to be held September 20 - 22, 2023, in Sacramento, California, was presented.
The Mayor opened the floor for nominations.
Councilmember de la Torre, nominated Councilmember Brock as the delegate and Councilmember Torosis as the alternate.
Mayor Davis, nominated Councilmember Torosis as the delegate and Councilmember Brock as the alternate.
Councilmember Brock was appointed as the delegate with
Councilmember Torosis as the alternate by the following vote:
Brock/Torosis: Councilmembers Zwick, Parra, Brock, de la Torre, Mayor Pro Tem Negrete
Torosis/Brock: Councilmember Torosis, Mayor Davis
MAJOR EVENTS 16.C. Request by Mayor Davis, Mayor Pro Tem Negrete and Councilmember Zwick that the City Council direct the City Manager to explore and propose policy and regulatory changes needed to elevate Santa Monica's attractiveness as a major event venue. Positioning Santa Monica as a sought-after location to attract both local and international events would facilitate the City’s ability to proactively capitalize on several upcoming opportunities and support local businesses, stimulate economic recovery, further promote tourism, and provide new revenue sources to fund community programs and services for Santa Monica residents, was presented.
Motion by Mayor Davis, seconded by Councilmember de la Torre, to adopt the staff recommendation, with the addition of the word “inclusive” to the types of major events. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
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RENEWABLE ENERGY
PROEJCTS
16.D. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council direct the City Manager to return to Council with recommendations addressing skilled and trained labor requirements for renewable energy projects and related infrastructure either City funded or placed upon City property to be installed by state-certified electricians. The City Manager should address proposed requirements outlined in attachment A in developing recommendations for Council
consideration, was presented.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
TRAVEL BUDGET 16.E. Request of Councilmember Brock and Councilmember de la Torre that the City Council direct the City Manager to assign unspent funds from the FY 2022-23 individual Councilmember travel budgets allocated to former Mayor Himmelrich and former Mayor Pro Tem McCowan to the FY 2022-23 travel budget for any Councilmembers whose expenditures exceeded the amount that each was allocated for the year, was presented.
Motion by Councilmember Brock, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:08 a.m. in memory of Harry Frankfurt and Winona "Wini" Allard.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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