m202406111 June 11, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 11, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:34 p.m., on
Tuesday, June 11, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA and 29 Powder
Ridge Rd, Crested Butte, CO 81224.
Roll Call: Present: Mayor Phil Brock (arrived at 6:37 p.m.)
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre (absent)
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick (via teleconference)
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 5:34 p.m., with all
members present except Councilmember de la Torre and Mayor
Brock. Councilmember Parra 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.
No recusals were made pursuant to the Levine Act.
AGENDA
MANGEMENT
Mayor Pro Tem Negete announced that Item 3.D. would be heard after
Closed Session.
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
2 June 11, 2024
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis to
hear public input on the continued items since public input was not heard
on these items at the previous meeting.
The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete
NOES: None
ABSENT: Councilmember de la Torre,
Mayor Brock
GENERAL PUBLIC
INPUT:
Members of the public Anya Baroff, Jerry Rubin, Linda Clark, Jeremy
Middlesworth, John Berry, Rachel Lee Millena, Denise Barton, Johnathan
Foster, Lava Sunder, Stuart Selonick, People of California, John
Macalaster, Aubrey West, Dhun May, and Harvey Eder commented on
various local issues.
No members of the public commented on closed session items.
No members of the public commented on special agenda items.
Members of the public Denise Barton commented on consent calendar
items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
3.A.Proclamation: Men's Health Month, was presented.
3.B.Proclamation: Juneteenth, was presented.
3.C.Commendation: Visionary Leaders in Action Coalition, was
presented.
3.D.Commendation: Rip City Skates, was presented.
3.E.City Manager Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:41 p.m., to consider
closed sessions and returned at 7:15 p.m., with all members present, to
report the following:
4.A.Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Santos Dolores Amaya De Vides v. Santa Monica;
LASC Case No. 23STCV09774
The City Attorney advised this matter was heard with no reportable action
taken.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
3 June 11, 2024
4.B. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Scott Harber v. Santa Monica; LASC Case No.
22STCV02016
The City Attorney advised this matter was heard with no reportable action
taken.
4.C. Conference with legal counsel - existing litigation - Gov. Code §
54956.9(d)(1): Christina Choi, et al. v. Santa Monica, et al.; LASC
Case No. 22STCV21608 [report out only]
Choi v. City; personal injury case settled for $2.95 million; Council
approved Settlement Agreement No. 11590 (CCS) at the January 23,
2024, meeting with a vote of 7-0.
4.D. Conference with legal counsel - existing litigation - Gov. Code §
REPORT ON COUNCIL
TRAVEL
CONSENT CALENDAR:
54956.9(d)(1): Robinson, Cheyenne, et al. v. Santa Monica, et al.,
LASC Case No. 21STCV2239 [report out only]
Robinson v. City; personal injury case settled for $3 million total, with
$2.75 million to Robinson and $250,000 to Eny-Edy; Council approved
settlement authority at the May 14, 2024, meeting with a vote of 6-0, with
Councilmember de la Torre absent.
There was nothing to report on Council travel.
All items were considered and approved in one motion unless removed by
a Councilmember for discussion.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete,
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 Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
LIGHTING AND
ELECTRICAL SUPPLIES
5.A.Authorization of Purchase Orders with One Source
Distributors and Turtle ALA, LLC for General Lighting and
Electrical Supplies, was approved.
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
4 June 11, 2024
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of Categorical Exemption pursuant to Section 15301
(Existing Facilities), of the California Environmental Quality Act
(CEQA) Guidelines;
2.Award Bid SP2711 to One Source Distributors, as the primary
vendor, and Turtle ALA, LLC., as the secondary vendor for the
purchase and delivery of general lighting and electrical supplies for
the Public Works Department;
3.Authorize the Procurement Manager to issue a Purchase Order with
One Source Distributors for General Lighting & Electrical Supplies
in the amount not to exceed $1,080,000 (for one year, with four
additional one-year renewal options to extend at increases between
12% to 15%) for a total amount not to exceed $5,400,000, with future
year funding contingent on Council budget approval; and
4.Authorize the Procurement Manager to issue a Purchase Order with
Turtle ALA, LLC. for General Lighting & Electrical Supplies in the
amount not to exceed $545,000 (for one year, with four additional
one-year renewal options to extend at increases of 5%) for a total
amount not to exceed $2,725,000, with future year funding
contingent on Council budget approval.
POOR REPAIR AND
MAINTENANCE
5.B.Award Bid with Commercial Aquatic Services for Pool Repair
and Maintenance, wad approved.
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of Categorical Exemption pursuant to Section 15301
(Existing Facilities) of the California Environmental Quality Act
(CEQA) Guidelines;
2.Award Bid #4482 to Commercial Aquatic Services, Inc for the repair
and maintenance of City pools and treated splash pads for the Public
Works Department; and
3.Authorize the City Manager to negotiate and execute Agreement
No. 11593 (CCS) with Commercial Aquatic Services in an
amount not to exceed$649,400, plus a contingency of $157,116,
for a two-year term, with three one-year renewal options, on the
same terms and conditions for a total amount not to exceed
$806,516 over a five-year period, with future year funding
contingent on Council budget approval.
FEMA HAZARD
MITIGATION GRANT
5.C. Approval to Accept FEMA Hazard Mitigation Grant Funds for
Local Hazard Mitigation Plan, was approved.
Recommended Action
Staff recommends that the City Council:
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
5 June 11, 2024
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 accept a grant awarded in an amount
of $135,000 from the Department of Homeland Security for the
Hazard Mitigation Grant Program in the City Manager’s Office, and
to accept all grant renewals.
3.Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
4.Adopt the attached resolution with the State of California,
Governor’s Office of Emergency Services (CalOES) Program.
5.Authorize budget changes as outlined in the Financial Impacts &
Budget Action section of this report (requires 5 votes).
BRAKE PARTS 5.D.Award Purchase Order with American Moving Parts, LLC for
Transit Bus and Fire Department Brake Parts, was approved.
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of Categorical Exemption (Class 1 Existing
Facilities) pursuant to Section 15301 of the California Environmental
Quality Act (CEQA) Guidelines;
2.Award Bid #4488 to American Moving Parts LLC for the purchase
of brake components for transit buses and heavy-duty fire apparatus
for the Transportation and Fire Departments;
3.Authorize the Procurement Manager to issue a purchase order with
American Moving Parts, LLC for the purchase of transit bus and
heavy-duty fire apparatus brake parts in the amount not to exceed
$169,096 for one year, with five additional one-year renewal options
to extend on the same terms and conditions for a total amount not to
exceed $1,177,097, which includes a 10% contingency, with future
year funding contingent on Council budget approval.
ELECTRIC VEHICLE
CHARGERS
5.E.Approve Modification to Award with GreenWealth Energy
Solutions for Electric Vehicle Charging Services, was approved.
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of Categorical Exemption pursuant to Section 15301
(Existing Facilities), Section 15302 (Replacement/Reconstruction),
and Section 15303 (New Construction of Small Structures) of the
California Environmental Quality Act (CEQA) Guidelines; and
2.Approve a modification to Contract No. 11513 (CCS) to
increase the number of electric vehicle chargers and locations with
GreenWealth Energy Solutions, Inc., with no change in contract
authority or term.
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
6 June 11, 2024
BUS STOP AND
SHELTER CELLULAR
SERVICES
5.F. Approval of Second Contract Modification with WaySine, LLC
for Real-Time Arrival Sign Cellular Service, was approved.
Recommended Action
Staff recommends that the City Council
1.Adopt a finding of Categorical Exemption pursuant to Section
15302(Replacement and Reconstruction) and 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 second
modification to Agreement No. 10757 (CCS) in an amount not to
exceed$165,600 with WaySine, L.L.C., for parts and continued
cellular service for existing real-time signs at Big Blue Bus stops and
shelters for the Department of Transportation. This will result in
a 7-year amended agreement with a new total amount not to exceed
$977,725 with future year funding contingent on Council budget
approval.
UASI 2023 GRANT 5.G. Accept UASI 2023 Grant and Approve 3rd Modification with
Advanced Problem Solving, LLC, was approved.
Recommended Action
Staff recommends that the City Council:
1.Authorize the City Manager to accept a grant award in the amount of
$250,000 from the 2022 Urban Area Security Initiative (UASI) for
homeland security projects in the Fire Department;
2.Authorize the City Manager to accept a grant award in the amount of
$1,433,607 from the 2023 Urban Area Security Initiative (UASI) for
homeland security projects in the Fire and Police Departments;
3.Authorize the City Manager to execute all necessary documents to
accept the grants and any subsequent grant modifications;
4.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;
5.Authorize the City Manager to negotiate and execute a third
modification to Agreement No. 10967 (CCS) in the amount of
$850,000 with Advanced Problem Solving, LLC (APS), a
California-based company, to coordinate and host the grant-funded
Regional Training Delivery Model for the Fire Department. This
will result in a five-year amended agreement with a new total
amount not to exceed$5,782,000, with future year funding
contingent on Council budget approval; and
6.Authorize a budget amendment as outlined in the Financial Impacts
& Budget Actions section of this report (requires 5 votes).
DATA PROTECTION
SERVICES
5.H. Approval of Agreement No. 11594 (CCS) with Nth Generation
Computing, Inc. for Cohesity Data Protection, was approved.
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
7 June 11, 2024
Recommended Action
Staff recommends that the City Council:
1.Authorize the City Manager to negotiate and execute Agreement
No. 11594 (CCS) with Nth Generation Computing, Inc. for data
protection hardware, software, and services for the Information
Services Department. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.250 (c) and is for a total amount not to exceed
$1,140,041.00, 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.
COUNCIL MEETING 5.I.Approval of Cancellation of Regular City Council Meeting for
August 13, 2024, was approved.
Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting
scheduled for August 13, 2024, due to a lack of a quorum.
MINUTES 5.J.Minutes of the City Council - Special Meeting - Jun 1, 2024 9:00
AM, were approved.
MINUTES 5.K. Minutes of the City Council - Special Meeting - May 14, 2024
4:30 PM, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Jerry Rubin commented on continued item 8.D.
Member of the public Denise Barton commented on item 7.A.
Member of the public Martin Ronzio Garcia commented on item 8.E.
Member of the public Laurie Delgado commented on item 10.A.
STUDY SESSION:
HOUSING ELEMENT
PHASE 2
7.A.Housing Element Phase 2 Implementation Study Session, was
presented.
Recommended Action
Staff recommends that the City Council:
1.Receive the presentation on, discuss, and provide direction regarding
proposed concepts for 6th Cycle Housing Element Phase 2
Implementation Programs.
Questions asked and answered of staff included: will deed-restricted
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
8 June 11, 2024
affordable housing units be potentially eliminated; would any state law
changes be taken into consideration; what constitutes deed-restricted
affordable housing; would rent-controlled units converted to deed-restricted
affordable housing units retain the same rental rates; has the Rent Control
Board been involved; what are the open space standards; were any architects
consulted; were there studies tied to adaptive reuse; which building types are
ideal for adaptive reuse purposes; has the Fire Department been consulted
with; will towers be allowed throughout the Bergamot plan and are they
applicable to housing or commercial properties; how will potential increased
traffic be addressed; regarding replacement units under SB30, will low-
income households be required to be deed restricted units, do any state or
local protections exist for the moderate income renter to have right of first
refusal; what is the goal of the proposed in-leu fee study; why would adaptive
reuse projects include additional construction; of all proposed choices, which
would be the most conservative; are there incentives tied to creating ground
floor green space; would reduced podium footprints promote open space;
will parking be strictly onsite; how will the increased demand for parking be
mitigated; can parking permits be denied for residential areas for major
streets; and what is the percentage of office vacancies in Santa Monica.
Considerable discussion ensued on topics including, but not limited to,
codifying a preference for replacement units to be deed restricted for low-
income households or rent controlled; prohibiting projects that results in a
net reduction in housing units; using parcel size to determine open space;
gradation-based solution complicating requirements; requiring open space
on the ground floor; building heights; restricting the conversion of
hotels/motels to multiple unit dwelling use in the ARO, particularly in the
Coastal Zone; feasibility of adaptive reuse projects; and additional floor of
open space being permitted for adaptive reuse projects.
CONTINUED ITEMS:
TRANSIENT
OCCUPANCY TAX
ADVISORY COMMITTEE
8.A. Appointment to an unscheduled vacancy on the Transient
Occupancy Tax Advisory Committee for a term ending on June 30,
2025. (Continued from 5/14/2024), was heard.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Jacob M. Dlouhy.
Councilmember Torosis nominated Kevin Anawati.
Jacob M. Dlouhy was appointed by the following vote:
Dlouhy: Councilmembers Zwick, Parra, Davis, Mayor Pro Tem Negrete,
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
9 June 11, 2024
Mayor Brock
Anawati: Councilmember Torosis
HUMAN SERVICES
COMMISSION
8.B. Appointment to one unscheduled vacancy on the Human
Services Commission for a term ending on June 30, 2026, was continued
to the June 25th meeting.
COMMISSION OF
SUSTAINABILITY,
ENVIRONMENTAL
JUSTICE AND THE
ENVIRONMENT
8.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, was continued to be held in conjunction with the
annual appointments at the next meeting with a full Council.
TREE REMOVAL AND
CANOPY
8.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
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 from 5/28/2024), was presented.
Considerable discussion ensued on topics including, but not limited to,
feasibility of moving a tree instead of planting three additional trees; impact
of narrowness of sidewalks on planting trees and potential methods to
widen sidewalks.
Direction given to staff to consider the replacement of trees that are lost on
private property.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to
approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
SIDEWALK OUTDOOR
DINING FEES
8.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
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
10 June 11, 2024
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, was presented.
Considerable discussion ensued on topics including, but not limited to, why
is this limited to just Third Street and will there be an appreciable financial
impact.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to
approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
ORDINANCES:
MASSAGE
ESTABLISHEMENTS
10.A. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2781 (CCS) to Remove the Minor Use Permit, Location,
and Facility Requirements for Massage Establishments from the City’s
Personal Service Use Standards for Specific Uses and Activities, was
introduced and adopted.
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of Categorical Exemption pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2.Introduce and adopt an Emergency Interim Zoning Ordinance
amending the text of the Zoning Ordinance to remove the Minor Use
Permit, location, and facility requirements for massage
establishments from the Personal Service use standards for specific
uses and activities contained in Santa Monica Municipal Code
Section 9.31.230.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
10.B. Introduce for First Reading an Ordinance Amending Santa
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
11 June 11, 2024
Monica Municipal Code Chapter 9.53 to Align the City’s
Transportation Demand Management Ordinance with South Coast Air
Quality Management District’s (AQMD) Rule 2202 and Adopt a
Resolution Approving Amendments to the Related Memorandum of
Understanding with AQMD, was introduced.
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) and a finding of Categorical Exemption pursuant
to Section 15301 of the California Environmental Quality Act
(CEQA) Guidelines;
2.Introduce for first reading an ordinance amending Santa Monica
Municipal Code Chapter 9.53 (Transportation Demand
Management) to align with the South Coast Air Quality Management
District’s Rule 2202 regulations; and
3.Adopt Resolution No. 11589 (CCS) approving amendments to the
related Memorandum of Understanding with the South Coast Air
Quality Management District.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
ELECTRIC VEHICLE
CHARGING ACCESS
10.C. Introduce for First Reading an Ordinance that Supports
Electric Vehicle Charging Access by Adopting Local Amendments to
the 2022 California Green Building Standards Code, was introduced.
Recommended Action
Staff recommends that the City Council:
1.Adopt a finding of Categorical Exemption pursuant to Section 15308
of the California Environmental Quality Act (CEQA) Guidelines;
2.Introduce for first reading the attached Ordinance that adopts local
amendments under SMMC Chapter 8.102 to the 2022 California
Green Buildings Standards Code to support increased access to
electric vehicle charging;
3.Adopt attached Resolution No. 11590 (CCS) that provides findings
of local climatic, geological, topographical, and environmental
conditions as required to adopt Santa Monica local amendments to
the 2022 California Green Building Standards Code; and
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
12 June 11, 2024
4.Direct the City Manager to file the adopted Resolution and Ordinance
amending the California Green Building Standards Code with the
California Building Standards Commission.
Questions asked and answered of staff included: is this a requirement for
new construction; what options are available for existing buildings; who
receives the rebate; is there a requirement on the reliability of the charger;
is the City legally allowed to require a response time on fixing broken
chargers; will any education be provided to consumers; is the City looking
into methods to promote panel upgrades that support load-sharing; has the
code been updated to allow load-sharing capabilities.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis,
to introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
Motion by Mayor Brock, seconded by Councilmember Torosis, to continue
the meeting past 11 P.M.
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
STAFF
ADMINISTRATIVE
ITEMS:
GENERAL MUNICIPAL
ELECTION
11.A. Adoption of Resolutions related to the General Municipal
Election to be held on November 5, 2024, was adopted.
Recommended Action
Staff recommends that City Council adopt:
1.Resolution No. 11591 (CCS) calling for a General Municipal
Election to be held on November 5, 2024; and
2.A Resolution No. 11592 (CCS) requesting that the Municipal
Election be consolidated with the Los Angeles (LA) County
Statewide General Election and request services from the LA
County Registrar-Recorder for the General Municipal Election;
and
3.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.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
13 June 11, 2024
adopt the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
COUNCILMEMBER
DISCUSSION ITEMS:
HOUSING AUTHORITY
BOARD
16.A. Appointment to two unscheduled vacancies on the Housing
Authority Board for both terms ending on June 30, 2026, was continued
to the June 25th meeting.
OPEN STREETS EVENTS 16.B. Request of Councilmember Davis that the City Council approve
City sponsorship of Main Street Business Improvement Association’s
two Open Street events -- the Summer Soulstice on July 13, 2024 and
Day of the Dog on September 7, 2024. City Fees related to the two
Open Street events include, but are not limited to, the application,
administrative, neighbor notification, temporary traffic control,
temporary no parking, public safety and zero waste plan fees
associated in an amount up to $16,000.00 of waived fees for both
events, was presented.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
CITY COUNCIL ETHICS
RULES
16.C. Request of Councilmembers Davis, Torosis, and Zwick that the
City Council: 1. Direct the City Attorney to return with a proposal to
ensure the City’s ethics rules apply to Councilmembers; 2. Direct the
City Attorney to return with a proposal to initiate an investigation into
recent leaks of confidential information disclosed in Closed Session;
and 3. Direct the City Attorney to return with one or more proposals to
impose penalties on Councilmembers and staff who inappropriately
leak confidential information out of Closed Session, was presented.
Questions asked and answered of staff included: what would be the cost of
an investigation and what funds would be used; what the course of action
would be if the investigation revealed someone violated the Brown Act;
would consequences be determined under this item; and can complaints be
made with the District Attorney’s Public Integrity Division.
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
14 June 11, 2024
Considerable discussion ensued on topics including, but not limited to:
concerns with potential costs to the City due to these leaks; concerns with
weaponizing the City Attorney’s Office for political gain; there is no
benefit to enact penalties for violating closed session confidentiality
without conducting an investigation to determine violators.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to
reaffirm section 1 and make a friendly amendment to 2nd and 3rd section
and add a 4th.
Section 2: Direct the City Attorney to return with a proposal on how to
handle future confirmed leaks of information from Closed Session and
what the remedy would be.
Section 3: Direct the City Attorney to return with a proposal with how to
revise Council rules to include disciplines or penalties for habitual offenses.
Section 4: Direct the City Attorney to return wit ha proposal wit how to
handle repeat Brown Act offenses to include discipline or penalties.
Substitute motion by Councilmember Zwick, seconded by Councilmember
Davis, to vote on the original Motion, with proposed amendments. The
motion failed by the following roll call vote:
AYES: Councilmembers Zwick, Davis, Torosis,
NOES: Councilmember Parra,
Mayor Pro Tem Negrete, Mayor Brock
ABSENT: Councilmember de la Torre
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to
reaffirm section 1 and to amend sections 2, 3, and 4 as follows:
Section 2: Direct the City Attorney to return with a proposal on how to
handle future confirmed leaks of information from Closed Session and
what the remedy would be.
Section 3: Direct the City Attorney to return with a proposal with how to
revise Council rules to include disciplines or penalties for habitual offenses.
Section 4: Direct the City Attorney to return wit ha proposal wit how to
handle repeat Brown Act offenses to include discipline or penalties.
Motion passed by the following roll call vote.
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762
15 June 11, 2024
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:01 A.M.
in memory of Reverand James Lawson.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
Interim City Clerk Mayor
Docusign Envelope ID: 85498155-962C-4894-B1C4-751B2A1F9762