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m20210914.pdf 1 September 14, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 14, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:37 p.m., on Tuesday, September 14, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Lana Negrete Councilmember Oscar de la Torre Councilmember Christine Parra Also Present: Interim City Manager John Jalili Interim City Attorney George Cardona City Clerk Denise Anderson-Warren Assistant 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 Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:42 p.m., to consider closed sessions and returned at 8:15 p.m., with all members present, to report the following: 1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Santa Monica Police Officers Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1535-M. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.B. Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 1 potential case. DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 2 September 14, 2021 The Interim City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with real property negotiator – Government Code Section 54956.8 -- Property: 875 square feet of public right-of-way adjacent to 116 Fraser Avenue, Santa Monica, California; City negotiator: Rick Valte, Acting Director of Public Works; Owner of Record: City of Santa Monica; Person to be negotiated with: current owner of 116 Fraser Avenue; Under negotiation: price and terms of payment. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Real Estate Negotiators -- Government Code Section 54956.8: Property: Parking Area East/Airport Park Expansion West (226,090 sf) and 3200 Airport Avenue (16,590 sf), Santa Monica, California; City Negotiators: Jennifer Taylor, Economic Development Manager, Stelios Makrides, Chief Operations Officer/Airport Director, and Michael Polentz, Manatt Phelps; Owner of Record: City of Santa Monica; Persons to be negotiated with: Angel City Football Club; Under negotiation: Price and Terms of Payment for Ground Lease and Building Lease. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Labor Negotiators: Government Code Section 54957.6 -- Agency Designated Representatives: Chief People Officer Lori Gentles and Laura Kalty, Outside Counsel, Liebert Cassidy Whitmore; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; MTA- AFSCME Local 4819, Management Team Association; PALSSU- Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD- The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.F. Public Employee Appointment: Title – City Attorney and DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 3 September 14, 2021 Interim City Attorney The Interim City Attorney advised this matter was not heard. SPECIAL AGENDA ITEMS: 2.A. Commendations: Santa Monica 10U All-Star Baseball Team, was presented by Mayor Himmelrich. 2.B. Proclamation: Hispanic Heritage Month, was presented. REPORT ON MEETING COMPENSATION Pursuant to State law, Assistant City Clerk Nikima Newsome announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Teresa Marasco, Denise Barton, Olga Zurawska and Trisha Crane commented on various Consent Calendar items. At the request of Mayor Himmelrich, Item 3.C. was removed from the Consent Calendar. Motion by Mayor Himmelrich, seconded by Councilmember Brock, to approve the Consent Calendar except for Item 3.C, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None BEACH BIKE PATH 3.A. Authorization to Reject Single Proposal for RFP #2447 for Engineering Design Services for the Beach Bike Path Ramp Connection to the Santa Monica Pier, was approved. Recommended Action Staff recommends that the City Council: 1. Reject the single proposal for Request for Proposals (RFP) #2447 for engineering design services for the Beach Bike Path Ramp Connection to Santa Monica Pier Project for the Public Works Department; and 2. Direct staff to reissue the RFP with a modified scope to obtain proposals to provide professional design services for the Beach Bike Path Ramp Connection to Santa Monica Pier Project. DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 4 September 14, 2021 BID NO. 4414 3.B. Award Bid #4414 for Welding and Fabrication Services for Refuse, Recycling, and Organics Containers, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4414 to Weldworx, Inc. for welding and fabrication services for refuse, recycling, and organics containers for the Public Works Department; and 2. Authorize the City Manager to negotiate and execute Agreement No. 11189 (CCS) with Weldworx, Inc., in a total amount not to exceed $337,000 (including a $11,232 contingency) over a five-year period, with future year funding contingent on Council budget approval. ASSISTANT CITY MANAGER 3.D. Approval of Restoration of Assistant City Manager Position, was approved. Recommended Action Staff recommends that the City Council approve the restoration of the Assistant City Manager position to the City Manager’s Office. MINUTES 3.E. Minutes of June 22, 2021 5:30 PM, were approved. MINUTES 3.F. Minutes of September 8, 2021 6:30 PM, were approved. COUNCIL RULES 3.C. Adoption of Resolution No. 11360 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NUMBER 11172 (CCS)”, was presented. Recommended Action Staff recommends that the City Council adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure. Mayor Himmelrich stated that she pulled Item 3.C from the Consent Calendar to discuss aspects of the resolution that she does not agree with. Discussion ensued on topics including, but not limited to striking the portion of Rule 15(e) which caps the total amount of time that speakers can speak; amending Rule 6(p) relating to Councilmember-requested items; and amending Rule 15(d) relating to posted written comments. Staff was directed to return to Council with a proposal for either having all public comment at the beginning of the meeting, divided by agenda item or retaining a system where there is general public comment at the beginning of the meeting and then comment on particular agenda items as they are DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 5 September 14, 2021 heard. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt the staff recommendation, as amended. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Himmelrich, seconded by Councilmember de la Torre, to direct staff to explore a method of moving all public comment earlier in the meeting in a way that will allow the public to be heard at an earlier time and will allow us to conduct meetings more efficiently. AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ORDINANCES: ZERO-EMISSION DELIVERY ZONE 7.A. Introduction and First Reading of an Ordinance to Extend the Autonomous Delivery Vehicle Moratorium Until December 31, 2022 and to Continue the Authorization of Remote Control Delivery Robots as Part of the Zero-Emission Delivery Zone Pilot Program; and Update on the Zero-Emission Delivery Pilot Program, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to execute an amendment to Memorandum of Understanding (MOU) No. 11190 (CCS) between Los Angeles Cleantech Incubator (LACI) and the City to extend the Zero Emission Delivery Zone (ZEDZ) Pilot Program end date to December 31, 2022. 2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Section 3.12.1055, that established a moratorium on the deployment and operation of autonomous delivery vehicles and allows the operation of remote control delivery robots only as part of the ZEDZ Pilot Program, to coincide with the new ZEDZ Pilot Program end date of December 31, 2022. 3. Authorize the City Manager to execute an amendment the City’s license agreement and software as service Agreement No. 11191 (CCS) with Automotus to coincide with the new ZEDZ pilot program end date of December 31, 2022. Members of the public Zack Rasch, John Kolaski, Denise Barton and Suni DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 6 September 14, 2021 Chung commented on the item. Questions asked and answered of staff included: parking location for the trucks; costs; can anything be done to convince delivery services to use delivery methods with a lower carbon footprint; what is the current accident rate; what is the average use per day/week for the robots; what is being done to address data security concerns and how often does ISD audit their compliance; how can other companies become a part of the pilot; and what jobs can be created with the use of these delivery robots. Considerable discussion ensued on topics including, but not limited to concerns about the loss of jobs as well as creating opportunities for small businesses. Motion by Councilmember Brock, seconded by Councilmember 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 Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None STAFF ADMINISTRATIVE ITEMS: RENT ABATEMENT PROGRAM 8.A. Approval of Proposed Amendments to City’s Rent Abatement Program for City Tenants, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager or designated staff to take the following actions regarding the adopted COVID-19 Rent Abatement Program for commercial tenants in City- owned properties: 1. Approve proposed amendments to the City’s Rent Abatement Program criteria associated with actual demonstrated economic hardship. 2. Clarify tenancy requirements associated with the Rent Abatement Program to ensure the funding directly supports tenants who continue to lease or license City-owned property. Member of the public Jonathan Foster commented on the item. Questions asked and answered of staff included are airport artist tenants able to participate in the rent abatement program; is 12-month tenancy requirement for tenants of all City properties; are those tenants awaiting re- negotiation of their leases eligible for the same terms; who were the Bergamont tenants that weren’t already qualified for the abatement; is the rent being negotiated going forward; and is transferring leases an option. DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 7 September 14, 2021 Motion by Councilmember Davis, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: LIBRARY BOARD 13.A. Recommendation to accept Arlene Hopkins's resignation from the Santa Monica Library Board and authorize the City Clerk to publish the vacancy, was presented. There was no one present for public comment. Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan , to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None BIG BLUE BUS 13.B. Request of Councilmembers Brock and de la Torre that Council direct the City Manager to require that the Big Blue Bus either restore the acceptance of cash payments on each Big Blue Bus or develop a method for members of the public to buy TAP cards at convenient locations throughout Santa Monica, was presented. Members of the public Mark Verville, Tricia Crane, Olivia Landon, Danielle Lopez, Bill David, Phyllis Dudek, and Cris McCleod spoke on the recommended action. Questions asked and answered of Councilmembers and staff included can TAP cards be purchased at various locations other than at the Big Blue Store; is there a help line that can be set up to assist customers; is the time saved by not accepting cash being analyzed; what is the policy for customers who do not have a TAP card; is the policy new due to COVID- 19; is there a cost to collect cash; is exact change considered contactless; how do people who do not have access take the survey; and are the fare boxes still on the buses. Considerable discussion ensued on topics including, but not limited to temporarily return to allowing cash fare on the Big Blue Bus and TAP DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 8 September 14, 2021 cards be available at merchants throughout the City. Councilmember Davis made a substitute motion to: 1. Direct staff to reinforce the policy that non-payers can still ride. 2. Facilitate distribution TAP cards more widely to as many people and as many ways as possible. 3. Consider other means of helping others to switch to paying TAP cards or use other media and provide education to riders about their rights to ride the bus and how to reload TAP cards. Motion by Councilmember Davis, seconded by Mayor Himmelrich, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None CITY ATTORNEY RECRUITMENT 13.C. Request of Mayor Himmelrich that the Council: (1) receive an update from the ad hoc committee formed to oversee the recruitment of a new City Attorney; (2) provide feedback and direction to the ad hoc committee relating to the update and the recruitment of a new City Attorney; and (3) provide any additional recommendations and direction related to the recruitment of a new City Attorney, was presented. Member of the public Denise Barton, spoke on the recommended action. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DOWNTOWN SANTA MONICA 13.D. Request of Councilmember Brock that Council direct the City Manager to have staff review safety and security measures for the portion of downtown Santa Monica located between Ocean Avenue and 5th Street, Wilshire to Colorado, and that this includes the municipal parking garages and alleyways. It is imperative that the viewpoint of the various stakeholders (merchants, property owners) be heavily weighted in this discussion as we see the results of our efforts to restore a clean and safe downtown, was presented. DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 9 September 14, 2021 Members of the public Mark Verville, Barry Snell on behalf of Downtown Santa Monica, Inc., Janet Morris, Peter Trinh, Laurie Shiffon, and John Alle spoke on the recommended action. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to direct the City Manager to have staff review safety and security measures for that portion of Downtown, taking into account the views of the various stakeholders and then return to Council with a report. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None NOISE/SANTA MONICA PARKS 13.E. Request of Councilmembers Brock and Negrete that Council direct the City Manager to return with a proposal for additional time and place restrictions on amplified sound, whether from loudspeakers or amplifiers, in Santa Monica Parks, was presented. Members of the public Zina Josephs, David Frison, Diane Klein, Jerri Calvin, and Kelly Thayer spoke on the recommended action. Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None TRAFFIC CALMING (Davis recused at 12:34 a.m.) 13.F. Request of Councilmember Brock that Council direct the City Manager to have staff explore measures to calm traffic, reduce accidents, and reduce speeding on Neilson Way and Barnard Way, which measures may include the use of “speed humps” similar to the traffic calming measure the City of Los Angeles is now using on Pacific Avenue, directly south of Neilson Way. This request is presented based on over 150 residents of the immediate neighborhood having signed a petition requesting the urgent study of any and all measures that will lead to a reduction in noise pollution and an enhancement of traffic and pedestrian safety on both of these streets, was presented. Councilmember Davis recused herself due to residing at the corner of Neilson Way and Pacific Street. DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 10 September 14, 2021 Member of the public Karen Blackman spoke on the recommended action. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis AMICUS BRIEF (Davis returned at 12:40 a.m). 13.G. Request of Mayor Himmelrich and Councilmember Davis that Council direct staff to take necessary steps to have the City join in the amicus brief to be filed by the City of Columbus, Ohio, and joined by a large number of local governments across the country (draft brief attached), to support the plaintiffs in their challenge to Mississippi’s 15-week abortion ban, in Dobbs v. Jackson Women’s Health Organization, United States Supreme Court, Case No. 19-1392, was presented. There was no one present for public comment. Motion by Councilmember Davis, seconded by Mayor Himmelrich, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PARKING CITATIONS 13.H. Request of Councilmembers Brock and De la Torre that Council direct the City Manager to have staff act as follows with respect only to parking citations issued by Santa Monica Parking Officers for parking during the posted days and hours for street sweeping during the period August 30 through September 3, 2021: if the recipient of the citation, by no later than October 5, 2021, submits to the City (either through the City’s website, https://prdwmq.etimspayments.com/santamonica/dev/review.htm (preferred), by letter, or by phone, 800-214-1526), a request for initial review that affirmatively states that the recipient of the citation did not receive notice of the beginning of weekly street sweeping during this period and explains why (e.g., did not access social media or website postings, did not see notice in newspaper, and did not otherwise learn of the street sweeping), the City will cause the citation (whether previously paid or not) to be dismissed based on a determination that DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 11 September 14, 2021 extenuating circumstances make dismissal of the citation appropriate in the interest of equity and justice, and a refund to be processed for a citation that was previously paid, was presented. There was no one present for public comment. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember Davis, seconded by Councilmember Brock, to direct staff to review its efforts on outreach and attempt to get more people enrolled in city programs such as SM Alerts. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None SANTA MONICA UNIFIED SCHOOL DISTRICT 13.I. Request of Mayor Himmelrich, Mayor Pro Tem McCowan, and Councilmember Davis that Council adopt attached Resolution No. 11361 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE LOS ANGELES COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION DENY THE CITY OF MALIBU UNIFICATION PETITION”, was presented. There was no one present for public comment. Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ABSTAIN: Councilmembers Brock and de la Torre PUBLIC INPUT: Member of the public Jonathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:03 a.m. in DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8 12 September 14, 2021 memory of Laurence Eubank. ATTEST: APPROVED: Nikima S. Newsome Sue Himmelrich Assistant City Clerk Mayor DocuSign Envelope ID: F4FC1925-F248-4444-9D2C-E2A2F99630C8