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m20210629.pdf1 June 29, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 29, 2021 A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:12 p.m., on Tuesday, June 29, 2021, 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 Oscar de la Torre Councilmember Christine Parra Also Present: Interim City Manager John Jalili Interim City Attorney George Cardona City Clerk Denise Anderson-Warren CONVENE/PLEDGE AGENDA MANAGEMENT AGENDA MANAGEMENT Motion by Mayor Himmelrich, seconded by Councilmember Davis, to undue the previous Agenda Management and hear 1.A. before 2.A. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None On order of the Mayor, the City Council convened at 6:12 p.m., with all members present. Interim City Manager John Jalili led the assemblage in the Pledge of Allegiance. Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to hear Item 2.A before Item 1.A. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Due to technical issues with receiving phone calls for public comment, the Mayor recommended canceling the Agenda management and go ahead with hearing the Closed Session item before the Council appointment. DocuSign Envelope ID: 667D4757-3E9B-4B16-8A83-C10EB1F52340 2 June 29, 2021 ABSENT: None CLOSED SESSIONS There was no public comment on closed sessions. On order of the Mayor, the City Council recessed at 6:23 p.m., to consider closed sessions and returned at 7:01 p.m., with all members present, to report the following: 1.A. Conference with Legal Counsel – Anticipated Litigation – Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Threat of litigation related to selection of shared mobility providers to participate in the Second Shared Mobility Pilot Program established by SMMC Chapter 3.22 The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: UNSCHEDULED CITY COUNCIL VACANCY 2.A. Filling of an Unscheduled Vacancy on the City Council, was presented. Recommended Action Staff recommends that Council either: 1.Consider the applicants that have declared their interest in being appointed to the unscheduled vacancy on the City Council and make an appointment to fill the City Council vacancy and serve until the next General Municipal Election in November 2022; or 2.If the appointment cannot be made, adopt resolutions adding the partial-term seat to requested services and consolidation with the County's November 2, 2021 election. Members of the public Denise Barton, Nicole Phillis, Jerry Rubin, Maribel Martinez, John Katz, Donna Richardson, Olga Zurawska, Houman Hemmati, Ann Thanawalla, Jonathan Foster, David Whatley, and Kelvin Driscoll spoke on the recommended action On order of the Mayor, the floor was opened for nominations. Councilmember Brock nominated Mario Fonda-Bonardi Mayor Himmelrich nominated Caroline Torosis Councilmember Parra nominated Lana Negrete There being no other nominations, no one was appointed by the following vote: Fonda-Bonardi: Councilmembers Brock, de la Torre Torosis: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich Negrete: Councilmember Parra DocuSign Envelope ID: 667D4757-3E9B-4B16-8A83-C10EB1F52340 3 June 29, 2021 On order of the Mayor, the floor was opened for nominations. Mayor Himmelrich nominated Caroline Torosis Councilmember Parra nominated Lana Negrete Councilmember de la Torre nominated Mario Fonda-Bonardi There being no other nominations, no one was appointed by the following vote: Torosis: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich Negrete: Councilmember Parra Fonda-Bonardi: Councilmembers Brock, de la Torre On order of the Mayor, the floor was opened for nominations. Mayor Himmelrich nominated Caroline Torosis Councilmember Parra nominated Lana Negrete There being no other nominations, no one was appointed by the following vote: Torosis: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich Negrete: Councilmembers de la Torre, Brock, Parra On order of the Mayor, the floor was opened for nominations. Mayor Himmelrich nominated Caroline Torosis Councilmember Parra nominated Lana Negrete Lana Negrete was appointed to fill the partial-term Council seat until November 2022 by the following vote: Torosis: Mayor Pro Tem McCowan, Mayor Himmelrich Negrete: Councilmembers Parra, Davis, Brock, de la Torre After the vote, Mayor Pro Tem McCowan changed her vote to Negrete. On order of the Mayor, the City Clerk gave the Oath of Office and swore in Lana Negrete to serve as a City Councilmember for a partial-term, ending November 2022. COUNCILMEMBER DISCUSSION ITEMS: 13.A. Request of Councilmembers De La Torre and Davis that, in order to provide a more inclusive shared mobility pilot and to promote a more socially just economic recovery that includes bringing more DocuSign Envelope ID: 667D4757-3E9B-4B16-8A83-C10EB1F52340 4 June 29, 2021 Mayor Himmelrich excused revenue to the City, the Council direct staff to return with an amendment to the Second Shared Mobility Pilot Program ordinance to add a 5th shared mobility operator into the Program. In order to ensure continuity of service with minimal disruption as well as the optimum availability of two-wheeled e-scooters throughout the City, and to promote continued innovation and improvement of micro- mobility devices, staff is directed to add the next highest scored two- wheeled e-scooter operator under the Chief Mobility Officer Selection Memo to the Second Shared Mobility Program. The additional operator should be allowed to operate up to 500 e-scooters in Santa Monica (which still is under the maximum capacity in the City as defined by staff), was presented. Questions asked and answered of staff included: what did the scoring criteria entail for the other vendors; was the scoring done by staff only, and who were the selection committee; can you provide more information about the appeal; is Bird headquartered in the city; if nothing happens tonight, are two of the awarded companies not located in the city; from the first pilot, is it true that no one got an increase in fees; to address the inequity, how does the distribution of scooters happen over the period of the day and time; is it true that the companies offer discounts to low income residents, and does Bird also offer those; is there a way for other companies to pick up the same discounts that are offered by Bird; how many 2-wheeled scooters can safely operate in the city; what is the breakdown of devices in the city; how many does Bird operate in the city that will be going away; is their a complaint ratio from the beginning of the pilot and how did Bird score; do we know the per capita ratio for accidents; how did Bird rate in safety, corralling devices, etc.; does it make it easier to separate pedestrians and e- scooters in new programs due to newer technologies; how has the response from Bird been to deal with riders with bad behavior; is there only one company that has the new sidewalk technology; what impact will the loss of Bird have on city revenues; the more operators added, will that cause more administrative staff oversight and time; the new operators selected in the new pilot program, do they offer hourly employment or is it all independent contractors; does Bird have the opportunity to return to Santa Monica; and, once the contract programs are determined, will that make it more difficult to add an additional company. Members of the public Elizabeth May, Carlos Vega, Kate Jerimiah, , Juan Ramirez, Allen Ross, Tim Harder, Matt Stauffer, Neil Gitnick, Phuong Bui, and Colin Hughes, Casey MacLean, Alessandra Vinori, David Fairbank, Alex Quoyeser, Morgan Roth, Jonathan Adler, Edward Castillo, Will Habib, Cyril Groshan, John Harber, Paul Vizcaino, Dakota Clark, and Brian Owens spoke on the recommended action. Mayor Himmelrich recused herself from this item to avoid a potential conflict of interest because her husband’s law firm represents Lift. DocuSign Envelope ID: 667D4757-3E9B-4B16-8A83-C10EB1F52340 5 June 29, 2021 at 8:17 p.m. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to approve the recommendation. Interim City Attorney Cardona suggested a minor amendment to permit staff to return, if directed, with either an amendment to the ordinance or a resolution as staff best determines appropriate. The amendment was considered friendly by the maker and seconder. The motion failed by the following vote: AYES: Councilmembers Davis, de la Torre, Mayor Pro Tem McCowan NOES: Councilmembers Brock, Parra ABSTAIN: Councilmember Negrete ABSENT: Mayor Himmelrich ADJOURNMENT Mayor Himmelrich returned at 9:10 p.m. On order of the Mayor, the City Council meeting adjourned at 9:11 p.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor APPROVED: Kristin McCowan Mayor Pro Tem DocuSign Envelope ID: 667D4757-3E9B-4B16-8A83-C10EB1F52340