m20240910
1 September 10, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 10, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:36 p.m., on
Tuesday, September 10, 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 (Arrived at 5:39 p.m.)
Councilmember Jesse Zwick (Arrived at 5:38 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:36 p.m., with all
members present except Councilmembers Zwick and Torosis. Mayor Pro
Tem Negrete 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.
AGENDA
MANAGEMENT
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete to
hear the commendations/proclamations prior to general public input and to
hear Item 3.D. first. The motion was approved by unanimous voice vote with
all Councilmembers present except Councilmember Zwick and Torosis.
GENERAL PUBLIC
INPUT:
Members of the public Bill Francis, Charmaine, Denise Barton, Robbie
Staenberg, Abby Custis, Johnathan Foster, and Zoe Muntaner commented on
various local issues.
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PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Maria Loya, Anna, Mike Feinstein, Natalya
Zernitskaya, and Zoe Muntaner commented on Closed Session Items.
No members of the public commented on Special Agenda Items.
Member of the public Denise Barton commented on Consent Calendar Items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
(Councilmember Zwick
arrived at 5:38 p.m.)
(Councilmember Torosis at
5:39 p.m.)
3.A. Proclamation: Hispanic Heritage Month, was presented.
3.B. Proclamation: Transportation Demand Management (TDM)
Week, was presented.
3.C. Proclamation: United Against Hate Week, was presented.
3.D. Commendation: Lares Restaurant, was presented.
3.E. Recognition of Outgoing Boards & Commission Members, was
pulled at the request of staff.
3.F. City Manager Report, was presented.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 6:47 p.m., to consider
Closed Sessions and returned at 9:30 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; LASC Case No. BC616804
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): Yossi Govrin, et al., v. City of Santa Monica, et al.; LASC
Case No. 20STCV43902
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): Scott Harber v. City of Santa Monica; LASC Case No.
22STCV02016 [report out only]
The City Attorney reported Council approved Settlement Agreement No.
11612 (CCS) in the amount of $2,500,000 for Harber at the June 11, 2024
Council meeting by a vote of 6-0 with Councilmember de la Torre absent
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from the meeting.
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.
Motion by Councilmember de la Torre, seconded by Councilmember Davis,
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
FIRE DEPARTMENT
TRAINING SERVICES
5.A. Award Bid to Advanced Problem Solving for LAAFCA Training
Delivery Model, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 404 to Advanced Problem Solving, LLC for video and
curriculum Training Delivery development services for the Fire
Department;
2. Authorize the City Manager to negotiate and execute Agreement No.
11613 (CCS) with Advanced Problem Solving, LLC in an amount
not to exceed $1,250,000 for three years, including a $250,000
contingency, with two one-year renewal options totaling $1,400,000,
on the same terms and conditions for a total contract amount not to
exceed $2,650,000 over a five-year period, with future year funding
contingent on Council budget approval and upon the Fire Department
securing the associated annual Homeland Security grant funding; and
3. 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.
COMPUTER-AIDED
DISPATCH SYSTEMS
5.B. Approval of First Agreement Modification with Intterra, LLC
for Cloud-Based Common Operating Platform to Share Data Across
Computer-Aided Dispatch Systems, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to SaaS Agreement No. 11550 (CCS) in the amount of
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$154,000 with Intterra, LLC to provide a cloud-based common
operating platform to share data across multiple computer-aided
dispatch systems across the region for the Los Angeles Area Fire
Chief’s Association. This will result in a two-year amended
agreement with a new total not to exceed amount of $943,251 and a
total compensation not to exceed $2,289,730 should the City exercise
its right to extend the agreement for the option term. Future years
funding is contingent on Council budget approval and Federal
Emergency Management Agency Homeland Security Grants;
2. Authorize budget amendment as outlined in the Financial Impacts &
Budget Action section of this report (requires 5 votes); and
3. 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.
POLICE CANINE
RETIREMENT
5.C. Approval of Police Canine Retirement, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the retirement of police service dog, Ford.
2. Authorize Ford be sold to Santa Monica Police Officer Kevin
Bacarella for the sum of one dollar.
3. Adopt a finding of no possibility of significant effect pursuant to
Section 15061 (b) (3) (Common Sense Exemption) of the California
Environmental Quality Action (CEQA) Guidelines.
PROJECTDOX CLOUD 5.D. Award Contract to Avolve Software Corporation to Upgrade
and Migrate ProjectDox to a Cloud Model, 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 Agreement No.
11614 (CCS) with Avolve Software Corporation, to upgrade and
migrate ProjectDox software to a cloud model for the Information
Services Department. This recommended award is made as an
exception to the competitive process pursuant to Section 2.24.250(g)
and is for a total amount not to exceed $791,539 (including a $58,634
contingency) for five years, with future year funding contingent on
Council budget approval.
OPTICAL NETWORK
INFRASTRUCTURE
5.E. Award Bid to VarData LLC for replacement and support
services of the City's optical network infrastructure, was approved.
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Recommended Action
Staff Recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302
of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4487 to VarData LLC to provide replacement with care
support of the City’s aging optical network infrastructure with a
Juniper MPLS routed network for the Information Services
Department;
3. Authorize the City Manager to negotiate and execute Agreement No.
11615 (CCS) with VarData LLC, in an amount not to exceed
$297,624 (including a $27,057 contingency), for five years, with
future year funding contingent on Council budget approval.
STATEMENTS OF
ECONOMIC INTEREST
5.F. Adoption of Resolution No. 11611 (CCS) Repealing Resolution
No. 11508 (CCS) and Amending the City’s Conflict of Interest Code to
Revise the Designated Positions as Required by California Law to File
Statements of Economic Interest, was adopted.
Recommended Action
Staff recommends the Council:
1. Adopt a finding of no possibility of significant effect on the
environment pursuant to Section 15061(b)(3) (Common Sense
Exemption) of the California Environmental Quality Act (CEQA)
Guidelines
2. Adopt the Resolution amending the City’s Conflict of Interest Code.
CITY STREET SPEED
LIMITS
5.G. Second Reading and Adoption of Ordinance No. 2787 (CCS)
Amending Santa Monica Municipal Code Section 3.12.490 to Establish
Speed Limits for Certain City Streets Pursuant to the California
Vehicle Code, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance
BEACH DUNE
RESTORATION PHASE 3
5.H. Approval of First Modification to Contract No. 10309 (CCS)
with The Bay Foundation for Santa Monica Beach Dune Restoration
Phase 3, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption pursuant to Section 21080.56
(Statutory Exemption for Restoration Projects) of the California
Environmental Quality Act (CEQA) guidelines.
2. Authorize the City Manager to negotiate and execute a first
modification to agreement #10309 at no additional cost with The Bay
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Foundation for the Santa Monica beach dune restoration Phase 3
(SaMo3) project.
MINUTES 5.I. Approval of City Council Minutes of Jan 23, 2024 5:30 PM,
were approved.
MINUTES 5.J. Approval of City Council Minutes of Aug 27, 2024 5:30 PM,
were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton, Steven Harper, Johnathan Foster,
Michael Soloff, Dennis Zane, Jon Katz, and John C. Smith commented on
Item 8.A.
CONTINUED ITEMS:
PUBLIC CAMPING
PROHIBITION
8.A. Introduction for First Reading an Ordinance Amending Santa
Monica Municipal Code Section 4.08.095 - Prohibition Against
Camping in Public Places, was presented.
Recommended Action
Staff recommends that the City Council consider:
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. Introduce for first reading an Ordinance amending Santa Monica
Municipal Code section 4.08.095 - Prohibition against camping in
public places.
Questions asked and answered of staff included: will this return the
ordinance back to the prior; camping vs. sleeping; does the City have a
history of arrests for sleeping in public spaces; what happens if someone is
found sleeping with a sleeping bag, blanket, and pillow; how does this
change in language change anything that is currently in practice; how often
do officers arrest or write reports pertaining to encampments; is it
unconstitutional for stopping someone from sleeping; does this provide a
tool to engage and is this a benefit; does the Santa Monica Police
Department lead with compassion; would police be prohibited from
engaging if the language does not change; what would be considered an
encampment; during the period since Grants Pass was there an influx of
people camping or sleeping in public areas; can a person sleeping outside
be forced to accept resources to bring them inside; are there resources to
assist with transition indoors; has the City pursued partnerships with
churches and organizations to provide temporary sleeping facilities; is there
a way for police to look out for those considered more vulnerable; and what
does coordination with programs who work with the homeless population
look like right now.
Considerable discussion ensued on topics including, but not limited to:
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adding tools for police officers to engage with unhoused individuals;
reducing homelessness by building more housing; changing this ordinance
will not solve the problem of homelessness; fines and charges impeding
unhoused persons from receiving resources to find permanent housing;
mental health and drug concerns among the unhoused; high usage of
engagement assisting in obtaining permanent housing; and addressing the
concerns of the residents and business owners.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to
adopt the staff recommendation of options 2 and 3, repealing changes made
in 2022 to Santa Monica Municipal Code Section 4.05.095, prohibition
against camping in public places, to comply with the Ninth Circuit’s Grants
Pass ruling; and to give direction to continue to monitor what other cities are
doing and return with additional options on this and related issues, which
may include, but not be limited to, examination of opportunities for further
amendments to the Municipal Code to address use of public spaces as part
of the City’s wholistic approach to addressing homelessness. Should Council
give direction to return at a future date, future recommendations will
necessarily be the result of a collaboration between City staff and the City
Attorney’s Office, including Santa Monica Police Department, the Housing
and Human Services Division, and the City’s Criminal Unit to provide
recommendations on what is feasible given available resources, and may
dovetail with the public safety budget discussion in October. The motion was
approved by the following vote:
AYES: Councilmembers Parra, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Zwick, Davis, Torosis
ABSENT: None
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis, to
continue past 11:00 p.m. The motion was passed by unanimous voice vote
with all members present.
GRATUITIES
PROHIBITION
8.B. Introduction for First Reading of an Ordinance Adding Santa
Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of
Gratuities by Public Officials, was presented.
Recommended Action
Staff recommends that 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 for first reading an Ordinance to add Section 2.32.290 to
the Santa Monica Municipal Code prohibiting the acceptance of
gratuities by public officials
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Motion by Councilmember de la Torre, seconded by Mayor Pro Tem
Negrete, to adopt the staff recommendation. The motion was approved by
the following vote:
Direction from Councilmember Davis that the City Attorney draft and return
with an ordinance prohibiting gratuities for elected officials regardless of
whether it is in connection with any action taken by Council or not.
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ORDINANCES:
HOTEL WORKER
PROTECTION
10.A. Introduction and First Reading of an Ordinance Amending the
City’s Hotel Worker Protection Ordinance, was presented.
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);
2. Introduce for first reading an ordinance amending the City’s Hotel
Worker Protection Ordinance (HWPO).
Questions asked and answered of staff included: is this similar to an
ordinance adopted in the City of Los Angeles; are hotel operators aware of
such ordinances; is there any opposition to this particularly from SMTT; do
we report to BCBA; does this apply to all hotels (union and non-union);
was this brought about as a result of complaints received by the City
Attorney’s Office; what are the plans to educate hotel operators about this;
how many hotels have adopted a superseding clause through collective
bargaining; and why weren’t individual hotel operators met with.
Considerable discussion ensued on topics including, but not limited to
including square footage of rooms similar to the City of Los Angeles’
ordinance at second reading and reasoning behind superseding clauses for
unions.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem
Negrete, 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 de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
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NOES: None
ABSENT: None
NEW CONSTRUCTION
ENERGY
PERFORMANCE
10.B. Introduce for First Reading Local Amendment Ordinance to
the 2022 California Energy Code for Energy Performance Approach
Reach Code for New Construction and Adoption of Resolution, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15308
and a finding of no possibility of significant effect pursuant to Section
15061(b)(3) of the California Environmental Quality Act (CEQA)
Guidelines;
2. Introduce for first reading an ordinance repealing Santa Monica
Municipal Code (SMMC) Chapter 8.38 Zero Emission Building
Code, amending SMMC Section 8.08.040 to remove reference to the
Zero Emission Building Code, and adopting local amendments to the
2022 California Energy Code under SMMC Chapter 8.36 to support
improved energy performance in new buildings;
3. Adopt Resolution No. 11612 (CCS) that provides findings of energy
and cost savings as required to adopt local amendments to the 2022
California Energy Code; and
4. Direct the City Manager to file the adopted resolution and ordinance
with the California Energy Commission following the second reading
of the ordinance.
Motion by Councilmember Torosis, 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 to adopt the resolution. 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
STAFF
ADMINISTRATIVE
ITEMS:
SKILLED LABOR
POLICY
11.A. Approve Skilled Labor Policy for Renewable Energy and
Electrical Vehicle Supply Equipment Projects, was presented.
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.
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2. Approve the proposed Santa Monica Skilled Labor Policy for
Renewable Energy and Electrical Vehicle Supply Equipment
Projects for the Public Works Department.
Motion by Councilmember Torosis, seconded by Mayor Brock, to adopt the
staff recommendation. 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:
COUNCIL RULES
16.A. Request of Councilmember Davis to direct the City Attorney,
City Manager, and City Clerk to prepare an amendment to the
Council Rules that will provide that all 16 items must be approved by
the City Attorney as legal and the City Manager as feasible (i.e.,
reasonably possible given available resources) prior to placing an item
on the Council agenda. The City Manager, City Attorney and City
Clerk are asked to return to the City Council with proposed amended
Council rules as soon as possible, was presented.
Considerable discussion ensued on topics including, but not limited to
putting items on the agenda that can’t be enacted; adding repetitive items to
the agenda that have already been voted on; creating a rule to address
repetitive items; ambiguity around feasibility; challenging laws; and putting
guardrails on Councilmembers.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to
adopt the item with direction to include language addressing repetitive 16
Items being brought forth and to tailor the use of the term feasible as
narrowly as possible. 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
RAINBOW REWIND 16.B. Request of Councilmember Davis that the City Council, as part
of LGBTQ+ History Month, approve City sponsorship of the Rainbow
Rewind: A Queer Prom for Grown Ups on October 18, 2024 in the
Santa Monica Pier Carousel Building by directing the City Manager to
waive the City’s portion of fees for use of the Pier Carousel Building.
City fees related to Rainbow Rewind include the rental fees associated
with the use of the Pier in an amount up to $7,000 in waived fees, was
presented.
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Motion by Councilmember Davis, seconded by Mayor Brock, 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
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:41 a.m. in
memory of Gavin Andrus, Drazen Blake, and Bob Sullivan.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
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