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m20240528 1 May 28, 2024 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 28, 2024 A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:39 p.m., on Tuesday, May 28, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Phil Brock Mayor Pro Tem Lana Negrete Councilmember Gleam Davis Councilmember Oscar de la Torre Councilmember Christine Parra Councilmember Caroline Torosis Councilmember Jesse Zwick Also Present: City Manager David White City Attorney Douglas Sloan Interim City Clerk Nikima S. Newsome CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:39 p.m., with all members present. Councilmember Davis led the assemblage in the Pledge of Allegiance. LEVINE ACT DISCLOSURE Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Mayor Brock stated that he would be recusing himself from Item 4.B. pursuant to the Levine Act. GENERAL PUBLIC INPUT: Members of the public Yossi G0vrin, Sherwin Shamoeil, Templar Soto, Carolyn Robertson, Denise Barton, Jerry Rubin, Jason Roni, Sami Susu, Robbie Staenberg, Johnathan Foster, Jurgita Vanseviciute, and Brigita Slekys commented on various local issues. DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 2 May 28, 2024 PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: Members of the public Cory Lambe, Carolina Lizarraga, Jason Coggins, Jason Roni, Dr. Lizzy Moore, Carol Lemlein, Ann Bowman, John C. Smith, Roger Genser, Neil Carrey, Marse Ryan, Antonio Ponce, Jim Harris, Daniel Myers, Greg Morena (time donated by Juana Miriam Lopez), Alex Brown, Juan Guitierrez, Lori Nafshun, Rad Nowroczi, Bea Nemlaha, Ali Bilal, Nancy Coleman, and Nick Rolston commented on closed session items. No members of the public commented on special agenda items. Members of the public Annie Wald, Kenna Stevens (time donated by Shaina Jacobs), Christen Madsen, Naomi Gage, Cassidy Krug, Lex Quarterman, Liz Dubelman, Grace Lansky, Claire Farnan, Nathalie Renard, Jonathan Tu, Tamara Melzer Levenson (Time donated by Daniel Carnahan), Rachel Lee Millena, Jee Won Kang, Josh Patel, Tori Curbelo, Jennifer Drieves, Mark Wald, Mila Sussman, and Claudia Ly commented on consent calendar items. PROCLAMATIONS/ COMMENDATIONS/ SPECIAL AGENDA ITEMS 3.A. 2024 LGBTQ+ Pride Proclamation, was presented. 3.B. Proclamation: Lung Cancer Action Week, was presented. 3.C. Commendation: Lunetta, was presented. 3.D. Commendation: Paul "Chico" Fernandez, was presented. 3.E. City Manager Report: Reparations & Restorative Justice, was presented. CLOSED SESSIONS (Mayor Brock left the meeting at 9:43 p.m.) On order of the Mayor, the City Council recessed at 8:53 p.m., to consider closed sessions and returned at 11:00 p.m., with all members present, to report the following: 4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; 2nd DCA Case No. B295935 The City Attorney advised this matter was heard with no reportable action taken. 4.B. Conference with real estate negotiator - Gov. Code §54956.8; property: 256 Santa Monica Pier, Santa Monica, California; City negotiators: Jennifer Taylor, Economic Development Manager, and Elana Buegoff, Pier and Beach Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Hospitality Industry DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 3 May 28, 2024 Management Group, LLC, D.B.A. Rusty’s Surf Ranch, and Greg Morena; under negotiation: price and terms of payment The City Attorney advised this matter was heard with no reportable action taken. 4.C. Conference with legal counsel - significant exposure to litigation - Gov. Code §54956.9(d)(2),(e)(5): one case - leasehold interest for Rusty’s Surf Ranch This item was withdrawn at the request of staff. 4.D. Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Russell Geyser and Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment The City Attorney advised this matter was heard with no reportable action taken. 4.E. Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Tommy Ginoza, Sugar Monkey Live; under negotiation: price and terms of payment - Item pulled and will not be heard 5/25/2024 This item was withdrawn at the request of staff. 4.F. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Anna Marie Onaindia v. City of Santa Monica; LASC Case No. 21STCV30384 The City Attorney advised this matter was heard with no reportable action taken. 4.G. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): In re Bird Global, Inc., et al.; U.S. Bankr. Ct., SD Fla. Case No. 23-20514 (CLC) The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 4 May 28, 2024 4.H. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Byron Merlos, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV07334 [report out only] The City Attorney advised that this item was heard at the April 23, 2024 Council meeting and approved for settlement in the amount of $333,333.00 by a vote of 5-0 with Councilmembers de la Torre and Davis absent from the meeting. AGENDA MANAGEMENT Motion by Councilmember David, seconded by Councilmember Torosis to continue the meeting past 11 o’clock. The motion was unanimously approved will all members present. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra to continue Items 16.B.-E. to the June 11, 2024 Council meeting. The motion was unanimously approved will all members present. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. At the request of Councilmember Parra, Item 5.E. was removed from the Consent Calendar. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the Consent Calendar except for Item 5.E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None AIRPORT MECHANICAL EQUIPMENT REPLACEMENT PROJECT 5.A. Award Contract No. 11583 (CCS) with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project, and Contract No. 11584 (CCS) With Same Contractor, ACCO Engineered Systems, Inc., for Citywide On-Call Mechanical Equipment Services, was approved. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 5 May 28, 2024 1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines; 2. Award Bid # SP2694 to ACCO Engineered Systems, Inc., for Airport Mechanical Equipment Replacement and Additive Alternative Bid for Citywide On-Call Mechanical Equipment Services for the Public Works Department; 3. Authorize the City Manager to negotiate and execute Contract No. 11583 (CCS) with ACCO Engineered Systems, Inc., in an amount not to exceed $1,993,090 (including a 10% contingency in the amount of $181,190) for Airport Mechanical Equipment Replacement; 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority for Airport Mechanical Equipment Replacement; 5. Authorize the City Manager to negotiate and execute Agreement No. 11584 (CCS) with ACCO Engineered Systems, Inc., in an amount not to exceed $5,000,000 for three years, with one-additional one- year renewal option in the amount of $1,500,000, on the same terms and conditions for a total amount not to exceed $6,500,000 over a four-year period, for citywide as-needed mechanical systems repairs and/or replacements, with future year funding contingent on Council budget approval; and 6. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes). RENEWABLE GAS PURCHASE 5.B. Award Request For Proposal to Maas Energy For the Purchase of Renewable Natural Gas to Offset the Use of Regular Natural Gas, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award RFP #396 to Maas Energy for the procurement and supply of renewable natural gas to offset the current use of natural gas, and the management of low carbon fuel standard for the Public Works Department; and 3. Authorize the City Manager to negotiate and execute Agreement No. 11585 (CCS) with Maas Energy at no cost to the City for five-years. LINCOLN BLVD NEIGHBORHOOD CORRIDOR STREET IMPROVEMENTS PROJECT 5.C. Award Construction Contract No. 11586 (CCS) to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting), was approved. DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 6 May 28, 2024 Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA; 2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department; 3. Authorize the City Manager to negotiate and execute Construction Contract No. 11586 (CCS) with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. 1717 19TH STREET PUBLIC RIGHT-OF-WAY 5.D. Adoption of Resolution No. 11588 (CCS) to Quitclaim and Vacate Public Right-of-Way on 1717 19th Street Parcel, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines; 2. Adopt the attached Resolution declaring that the City owned remnant parcel (“Turnaround Area”) is not needed for any public purpose and allowing for the Turnaround Area to be quitclaimed and vacated completely; and 3. Authorize the City Manager to approve and execute a quitclaim deed with the owners of 1717 19th Street for a City owned remnant parcel at 1717 19th Street which was previously acquired as a vehicular turnaround area during construction of the I-10 Freeway. POLICE DEPARTMENT SCOOTERS 5.F. Authorize a Purchase Order for the Purchase of Westward Industries Ltd. GO-4 EV Scooters for the Police Department, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines. 2. Authorize the Procurement Manager to issue a purchase order with TurfStar Western Inc. for the purchase of twenty-seven Westward Industries Ltd. GO-4 EV scooters for the Police Department. This recommended award is made as an exception to the competitive DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 7 May 28, 2024 bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $1,306,000 with future year funding contingent on Council budget approval. FLEET ASSET MANAGEMENT SYSTEM 5.G. Approval of First Modification to Agreement No. 10801 (CCS) with AssetWorks, Inc. for Fleet Asset Management System Hosting, Maintenance, and Support, 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. 10801 (CCS) in the amount of $264,523 (including a 10% contingency) with AssetWorks, Inc. for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management System with Telematics Solution for the Public Works Department. This will result in a 10-year amended agreement with a new total amount not to exceed $1,590,075.00, with future year funding contingent on Council budget approval. ACCELA CIVIC PLATFORM 5.H. Approval of Second Modification to Agreement No. 11588 (CCS) with TruePoint Solutions, LLC for Accela Civic Platform Support, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11588 (CCS), formerly Agreement NO. 4756, in the amount of $173,734 (including a 10% contingency) with TruePoint Solutions, LLC for Accela Civic Platform support for the Information Services Department. This will result in a 9 -year amended agreement with a new total amount not to exceed $385,384, with future year funding contingent on Council budget approval. 2. 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. BICYCLIST AND PEDESTRIAN ORDINANCE 5.I. Second Reading and Adoption of Ordinance No. 2780 (CCS) of the City Council of the City of Santa Monica Adding Municipal Code Section 3.75 to Prohibit Harassment of Bicyclists and Pedestrians, was adopted. Recommended Action DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 8 May 28, 2024 Staff recommends that the City Council adopt the attached Ordinance. SANTA MONICA AMUSEMENT 5.E. Approval of License Agreement No. 11587 (CCS) with Santa Monica Amusement for 370 Santa Monica Pier, was approved. Recommended Action Staff recommends that City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to negotiate and execute License Agreement No. 11587 (CCS) with Santa Monica Amusement for 370 Santa Monica Pier per the Pier Leasing Guidelines. Questions asked and answered of staff including what locations have been identified as alternatives for the trapeze school; how can the owner be assisted during this transition period; was the Santa Monica Pier Corp. kept informed during the RFP process; were they advised that this item was time sensitive; was there any conversation about retaining the business on the Pier while still expanding in other areas; could the parking deck be repurposed to allow the business to continue; would this need to go to the Coastal Commission, would this affect the pier bridge reconstruction; could staff be directed to provide relocation assistance to the business owner without a gap in service; is there any space at the airport that would be suitable; how long would it take to reestablish the school if it is relocated; how long would it take for the Coastal Commission to approve the move; to another area of the Pier; is the parking lot near the Ruskin Theater at the airport a possible relocation option; and can this proposal wait until the Pier Board can weigh in. Direction to staff to proactively look for alternative locations for the trapeze school. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the item. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None PUBLIC INPUT ON REMAINING AGENDA ITEMS: Members of the public Denise Barton, Ruthann Lehrer, Paula Cizek, Caro Vilain, and Carol Lemlein commented on Item 7.A. STUDY SESSION: 7.A. Fiscal Year 2024-25 Proposed Budget and Fiscal Year 2024-26 Biennial Capital Improvement Program Budget, was presented. DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 9 May 28, 2024 2024-26 BIENNIAL CAPITAL IMPROVEMENT PROGRAM BUDGET Recommended Action Staff recommends that the City Council: 1. Review and provide direction to staff regarding the FY 2024-25 Proposed Operating Budget Adjustments (Attachment A) and FY 2024-26 Proposed Biennial Capital Improvement Program (CIP) Budget (Attachment B); 2. Direct staff to proceed with setting the FY 2024-25 Operating and FY 2024-26 Biennial Capital Improvement Program (CIP) Budget Adoption hearing on June 25, 2024; 3. Provide direction for staff to evaluate other funding mechanisms such as general obligation bonds to support the City’s capital improvement program in future budget cycles; 4. Review and provide direction to staff on establishing 23 new fees, which include fees for Emergency Medical Services (EMS), facility rentals and use, Certified Unified Program Agency (CUPA), film permits, materials for the Junior Lifeguard Program, grading review permit, and City planning; revising 36 fees, which include fees for CUPA, fire permits, airport, landscape services, Concealed Carry Firearm permit (CCW) renewal application, medicinal cannabis, and mortuary services; and the deletion of three fees, which include fees for library, and EV user (Attachments C and D); and 5. 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. Questions asked and answered of staff including where are the surplus funds in the City Attorney Office budget coming from; how much is being spent on outside Counsel; what revenue generating opportunities are being explored including public/private partnerships; why is the City proposing to cut the airport fees and are we obligated to do so; what is the potential fee that the FAA could impose for not reducing the fees; what is the status of the City reinstating the 501c3; can funds be directed to specific departments/projects; what can be done to increase revenue on the Pier to avoid subsidising it; how can the image of the Pier and downtown be improved; how much funding has Measure CS yielded; is there a way to determine how it has impacted sales; could not reducing the airport fees be deemed as a violation of the descent decree and therefore impact the ability to close the airport; how would increasing police officers impact other City projects; could not fully funding the paving program open up the City to liability; and what is the current employment forecast for sworn police officers; will there be a time in the next 12-months to reassess the budget, is there a timeline for when the CCTV cameras will be implemented, how many cameras can be purchased from the grant funds, and will the new system allow for connection to existing business cameras. DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 10 May 28, 2024 Considerable discussion ensued on topics including, but not limited to the possibility of using surplus fees to fund the future park; public safety concerns; making tradeoffs for additional four police officers; and finding creative ways to improve public safety. Motion by Mayor Brock, seconded by Mayor Pro Tem Negrete, to give direction to staff including adding four police officers to the 2024-25 budget, taking out the annual street paving program from the held list to support police department recruitment and hiring, add the CCTV program back into the funded list, to put the alley renewal funding of $500,000 into police department staffing and recruitment, reduce the ongoing citywide facility program by $500,000, and to take the quick build program out of the held list and put it into the funded list and to approve the item. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: HUMAN SERVICES COMMISSION 16.A. Recommendation to accept Alexis Hemphill-Elsea's resignation from the Human Services Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Davis, seconded by Councilmember Torosis, to accept the resignation with thanks for her service. The motion was approved by a unanimous voice vote, with all members present. HUMAN SERVICES COMMISSION 16.B. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. Continued to June 11, 2024 Council meeting. COMMISSION OF SUSTAINABILITY, ENVIRONMENTAL JUSTICE AND THE ENVIRONMENT 16.C. Recommendation to rescind the appointment of Jeff Bush to the Commission of Sustainability, Environmental Justice and the Environment; and, appoint to that unscheduled vacancy for a term ending on June 30, 2024. Continued to June 11, 2024 Council meeting. TREE REMOVAL POLICIES 16.D. Request of Mayor Brock that the City Manager and City Attorney develop policies that regulate tree removal as a result of new development including exploring replacement requirements as part of the development or on public property to protect and preserve the DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 11 May 28, 2024 City’s tree canopy. In developing this policy, the City Manager is being asked to consider requiring three replacement trees for every tree removed. Continued to June 11, 2024 Council meeting. OUTDOOR DINING FEES 16.E. Request of Mayor Brock, Vice Mayor Negrete, and Councilmember de la Torre that the City Manager and City Attorney evaluate the attached request from Downtown Santa Monica, Inc. and return to City Council with recommendations to reduce the per square foot monthly fees associated with the use of sidewalks for outdoor dining on the Third Street Promenade to support the City’s economic recovery. In addition, the City Manager and City Attorney are also being asked to evaluate and return to City Council with recommendations for incentives such as waiving fees for a period of time to spur outdoor dining on sidewalks on the Third Street Promenade. Continued to June 11, 2024 Council meeting. COMPENSATION SURVEY 16.F. Request from Councilmember de la Torre and Vice Mayor Negrete that the City Council direct the City Manager to conduct a survey of cities within the Westside Cities Council of Governments and other charter cities across the state with populations comparable to Santa Monica. The survey should compare City Council compensation and benefits and the City Manager is to present the findings at the first Council meeting in July, with recommendations for next steps. The purpose of this survey is to assess whether the current compensation allows residents of varying income levels to serve on the City Council. By understanding how Santa Monica compares to other cities, the Council can consider placing a charter amendment on the November ballot to adjust compensation, making City Council service more accessible to residents with lower incomes, was presented. Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to approve the item. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: Councilmember Davis ABSENT: None ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:45 a.m. in memory of Paul “Chico” Fernandez. DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C 12 May 28, 2024 ATTEST: APPROVED: Nikima S. Newsome Phil Brock Interim City Clerk Mayor DocuSign Envelope ID: D3C5CB3B-D744-446C-A9BB-1CFFEB92382C