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m20240227 1 February 27, 2024 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 27, 2024 A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:37 p.m., on Tuesday, February 27, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and at a teleconference site in Texas and Austria. 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 (via teleconference) 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 5:37 p.m., with all members present. 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. There were no recusals pursuant to the Levine Act. GENERAL PUBLIC INPUT: Members of the public Jaysom Gladstone, Janet Gollery, Jill Hawkins, Nycole Washington, Neil Comess-Daniels, Nate Rugh, Mary Jo Dalton, Matthew Hom, Kavon Ward, Cathie Gentile, Louis Watanabe, Jim Conn, Autum Breon, Patricia Ibanez, Liliana Hernandez, Brittney, Zackory, Shondra, Chase Sherman, Mykael, Milana, Joanne Berlin, Denise Barton, Darya, April Banks, John Medlin, Laurence Cohen, Jerry Rubin, Johnathan Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 2 February 27, 2024 Foster, Harvey Eder, Zoe Muntaner, Michael Pitkin, Eliza Jane Franklin Leggett, Regina Ramirez, and Robbie Jones commented on various local issues. PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: Members of the public Natalya Zernitskaya, Ericka Lesley, Nancy Coleman, and Nicole Faries commented on Closed Session items. Members of the public Natalya Zernitskaya, Ian Dutton, Caro Vilain, Michael Brodsky, Rowan Sullivan, Christian Adera, Laurene von Klan, Paula Cizek, Juan Matute, Sudeepti Rachakonda, Varun Bhatnagar, Connor Webb, Nancy Coleman, and Johnathan Foster commented on Special Agenda Items. Members of the public Johnathan Foster, Harvey Eder, Regina Ramirez, and Ericka Lesley commented on Consent Calendar Items. PROCLAMATIONS/ COMMENDATIONS/ SPECIAL AGENDA ITEMS 3.A. Proclamation: Frieze Week Los Angeles, was presented. 3.B. City Manager Report -Bike Action Plan and Vision Zero Update, was presented. CLOSED SESSIONS Councilmember Parra returned at 9:52 p.m. On order of the Mayor, the City Council recessed at 8:19 p.m., to consider closed sessions and returned at 9:50 p.m., with all members present except Councilmembers Parra and Zwick, to report the following: 4.A. Consider appointment of unrepresented employee - Government Code §54957(b); City negotiator: Mayor; Unrepresented employee: City Clerk/Interim City Clerk; conference with labor negotiator - Gov. Code §54957.6; City negotiator: Mayor; Unrepresented employee: City Clerk/Interim City Clerk The City Attorney advised this matter was heard with no reportable action taken. 4.B. 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; Second District Court of Appeal Case No. B295935 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): Daniel Reygosa v. Charlesetta Grant, et al.; LASC Case No. 21STCV39861 Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 3 February 27, 2024 The City Attorney advised this matter was heard with no reportable action taken. REPORT ON COUNCIL TRAVEL Councilmember Zwick returned at 10:00 p.m. Mayor Brock reported that he traveled to Goleta, California for the United States Conference of Mayors leadership meeting. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember de la Torre, 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 de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None SANTA MONICA BAY SHORELINE COORDINATED MONITORING PLAN 5.A. Authorization to Enter into Cost-Sharing Agreement No. 11542 (CCS) with the City of Los Angeles for the Santa Monica Bay Shoreline Coordinated Monitoring Plan, was approved. Recommended Action Staff recommends that the City Council: 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. 1. Approve the use of available funding from the Clean Beaches and Ocean Parcel Tax Fund for a Memorandum of Agreement (MOA) with the City of Los Angeles to implement a cost-share shoreline water quality monitoring plan for the Santa Monica Bay Shoreline Monitoring in an amount not to exceed $484,555 (including a 15% contingency) over a five-year period through FY 2027-28. 2. Authorize the City Manager to negotiate and execute Memorandum of Agreement (MOA) No. 11542 (CCS) with the City of Los Angeles to implement a cost-share shoreline water quality monitoring plan to comply with the Los Angeles Regional Water Quality Control Board's (Board) National Pollutant Discharge Elimination System (NPDES) permit requirements for Santa Monica Bay. LUMBER FOR SANTA MONICA PIER 5.B. Award Bid 4473 to Ganahl Lumber for the Purchase and Delivery of Lumber for the Santa Monica Pier, was approved. Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 4 February 27, 2024 Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) and Section 15331 (Historical Resource Rehabilitation) of the California Environmental Quality Act (CEQA) Guidelines. 2. Award Bid #4473 to Ganahl Lumber for the purchase and delivery of treated lumber to the Santa Monica Pier for the Public Works Department. 3. Authorize the Procurement Manager to issue a purchase order with Ganahl Lumber for the purchase and delivery of treated lumber in the amount not to exceed $120,000 for one year, with four additional one-year renewal options to extend on the same terms and conditions for a total amount not to exceed $600,000 over a five-year period, with future year funding contingent on Council budget approval. UNLEADED FUEL PURCHASE AND DELIVERY 5.C. Authorization to Issue Purchase Orders with Falcon Fuels, Inc. for the Purchase and Delivery of Unleaded Fuel, was 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; and 2. Authorize the Procurement Manager to issue a purchase order with Falcon Fuels, Inc. for the purchase and delivery of unleaded fuel for the City of Santa Monica. 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 $3,161,991 (including a 10% contingency) with future year funding contingent on Council budget approval. TEMPORARY STAFFING 5.D. Award RFP to True North Compliance Services and Willdan Engineering for Temporary Staffing, 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. Award RFP# 385 to True North Compliance Services, Inc. and Willdan Engineering for temporary building inspection and plan review services for the Community Development Department. 3. Authorize the City Manager to negotiate and execute Agreement No. 11543 (CCS) with True North Compliance Service, Inc., in an Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 5 February 27, 2024 amount not to exceed $225,000 (for three years, with two-additional one-year renewal options in the amount of $75,000, on the same terms and conditions) for a total amount not to exceed $375,000 over a five-year period, with future year funding contingent on Council budget approval.; and 4. Authorize the City Manager to negotiate and execute Agreement No. 11544 (CCS) with Willdan Engineering, in an amount not to exceed $150,000 (for three years, with two-additional one-year renewal options in the amount of $50,000, on the same terms and conditions) for a total amount not to exceed $250,000 over a five-year period, with future year funding contingent on Council budget approval. PROHOUSING INCENTIVE PROGRAM (PIP) GRANT 5.E. Adoption of Resolution No. 11572 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AND ACCEPT RECEIPT OF PROHOUSING INCENTIVE PROGRAM FUNDS,” was adopted. 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 and find that uses of grant funding for short term housing assistance are consistent with the certified 6th Cycle Housing Element Environmental Impact Report; 2. Adopt attached Resolution No. 11572 (CCS) authorizing the City manager to submit an application for grant funds in the amount of $1,000,000 from the California Department of Housing and Community Development’s Prohousing Incentive Program (PIP) and to authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals and modifications, if awarded; and 3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event the grant is awarded. ASSIGNMENT BONUS AND STAND-BY PAY 5.F. Adoption of Resolution No. 11573 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE LETTERS OF AGREEMENT WITH THE CALIFORNIA TEAMSTERS LOCAL 911 AND THE SUPERVISORY TEAM ASSOCIATES,” was adopted. Recommended Action Staff recommends that the City Council: Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 6 February 27, 2024 1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines; 2. Adopt proposed Resolution No. 11573 (CCS) (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute Side Letters of Agreement with the California Teamsters Local 911 and the Supervisory Team Associates. CITY ATTORNEY EMPLOYEMENT AGREEMENT 5.G. Adoption of Resolution No. 11574 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CITY ATTORNEY,” was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15324 (Regulations of Working Conditions) of the CEQA Guidelines 2. Adopt Resolution No. 11574 (CCS) of the City of Santa Monica adjusting the salary rate for City Attorney (Attachment A). 3. Approve modification to employment agreement with Douglas Sloan for service as City Attorney and authorize the Mayor to sign the modification to employment agreement on behalf of the City (Attachment B). MINUTES 5.H. Minutes of City Council - Regular and Special Joint Meeting - Feb 13, 2024, were approved. PUBLIC INPUT ON REMAINING AGENDA ITEMS: Members of the public Denise Barton, Lori Brown, Michael Soloff, and Ericka Lesley commented on Item 11.B. Members of the public Charlotte Barrett and Erin Inatsugu commented on Item 16.A. SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY/ROLL CALL On order of the Mayor, the City Council convened to a joint meeting with the Housing Authority at 10:10 p.m., with all members present except Authority Members Cochran and Lauretano. REPORT ON MEETING COMPENSATION Pursuant to State law, Interim City Clerk Nikima S. Newsome announced that Council will receive $50 for meeting as the Housing Authority STAFF ADMINISTRATIVE ITEMS: MINUTES 11.A. Minutes for Housing Authority Meetings, were approved. Recommended Action Staff recommends that the Housing Authority approve the minutes of the Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 7 February 27, 2024 April 11, 2023, April 25, 2023, and June 27, 2023 meetings. Motion by Chair/Mayor Pro Tem Negrete, seconded by Authority/Councilmember de la Torre, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Authority/Councilmembers Zwick, Parra, Davis, Torosis, de la Torre Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock NOES: None ABSENT: Authority Members Cochran and Lauretano FY 2023-24 MIDYEAR BUDGET UPDATE 11.B. Financial Status Update and FY 2023-24 Midyear Budget, was presented. Recommended Action Staff recommends that the City Council and Housing Authority: 1. Appropriate FY 2023-24 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2024- 25 budget plan. (Attachment A) Staff also recommends that the City Council: 1. Receive an update to the FY 2023-24 through FY 2027-28 Five Year Financial Forecast; 2. Adopt Resolution No. 11575 (CCS) establishing new classifications and adopting salary rates for various positions (Attachment B); 3. Approve the position and classification changes (Attachment C); 4. Adopt Resolution No. 11576 (CCS) abolishing unused and obsolete classifications and associated salary rates (Attachment D); 5. Authorize the City Manager to accept a grant award in the amount of $200,000 from the California Department of Aging’s Local Aging & Disability Action Planning (LADAP) Grant Program in support of strategic planning efforts to address the needs of older adults and people with disabilities, and to execute all necessary documents to accept the grant and all grant renewals; 6. Authorize the City Manager to accept a grant award in the amount of $135,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) through the State of California, Governor’s Office of Emergency Services (CalOES) for the Office of Emergency Management in the City Manager’s Office, and to accept all grant renewals; and 7. 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 included: regarding the right to Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 8 February 27, 2024 counsel contract, will funds be used solely to pay consultants or for the provision of legal services; will the requested flexible problem-solving dollars to keep tenants in their units be included in the right to counsel funds allocation; what type of inspections are the Community Development building inspectors performing; what approach is the City taking to control costs tied to higher expenditures around insurance claims, premiums, healthcare costs and unfunded pension liabilities; status update on coastal zone parking rate increase; how were these changes determined and what is an equity adjustment; are equity increases a one time-payment and have comparative studies occurred with neighboring cities. Motion by Authority/Councilmember Davis, seconded by Authority/ Councilmember Torosis, to adopt the staff recommendation, with an amendment to move the proposed $14,000 Council travel budget and adding an additional $1,000 from the discretionary funds, to allocate $5,000 each to the Montana Merchants, Pico Improvement Organization and Main Street Merchants Business Improvement Districts for programs and events to promote local businesses and community. Substitute motion proposed by Authority/Councilmember de la Torre, to divide the $15,000 between the small bids and neighborhood groups while still increasing the travel budget by $14,000. The substitute motion died for lack of a second. Substitute motion by Chair/Mayor Brock, seconded by Authority/Councilmember de la Torre, to adopt the original staff recommendation for the City Council and Housing Authority. The motion failed by the following vote: AYES: Authority/Councilmembers de la Torre, Parra, Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock NOES: Authority/Councilmembers Torosis, Davis, Zwick ABSENT: Authority Members Cochran and Lauretano Substitute motion by Authority/Councilmember de la Torre, seconded by Chair/Mayor Brock, to conduct a second vote to adopt the original staff recommendation for the City Council and Housing Authority. The motion failed by the following vote: AYES: Authority/Councilmembers de la Torre, Parra, Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock NOES: Authority/Councilmembers Torosis, Davis, Zwick ABSENT: Authority Members Cochran and Lauretano Substitute motion by Authority/Councilmember Zwick, seconded by Authority/Councilmember Davis, to adopt staff recommendation with an Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 9 February 27, 2024 amendment to move the proposed $14,000 of Council travel funds with the $36,000 Council discretionary funds, thereby totaling $50,000. AYES: Authority/Councilmembers de la Torre, Torosis, Davis, Parra, Zwick Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor Brock NOES: None ABSENT: Authority Members Cochran and Lauretano Motion by Councilmember Davis, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following roll call vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None CONTINUE MEETING PAST 11:00 P.M. Motion by Mayor Pro Tem Negrete, seconded by Mayor Brock, to continue the meeting after 11 p.m. and hear the remainder of the agenda. The motion was approved by the following roll call vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Chair/Mayor, the special joint meeting with the Housing Authority was adjourned at 11:10 p.m., and the regular meeting of the City Council was reconvened with all members present. COUNCILMEMBER DISCUSSION ITEMS: 16.A. Request of Vice Mayor Negrete and Mayor Brock that the City Council allocate $15,000 in Council discretionary funds to support the Santa Monica High School Choir program. The funds will aid students in participating in a unique opportunity to perform in cathedrals across Spain, including Barcelona, Burgos, and Madrid. These seniors, who experienced disruptions due to the pandemic during their freshman year in 2020, are fundraising for the trip, and this allocation would help match some of their raised funds, was presented. Councilmember Zwick proposed an amendment to increase allocated funds from $15,000 to $20,000. Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to approve the recommendation with an amendment to increase allocated funds from $15,000 to $20,000. The motion was approved by the Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 10 February 27, 2024 following vote: AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: None ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:36 p.m. ATTEST: APPROVED: Nikima S. Newsome Phil Brock Interim City Clerk Mayor Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED