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m20220524 1 May 24, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 24, 2022 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McCowan at 5:33 p.m., on Tuesday, May 24, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Lana Negrete Councilmember Oscar de la Torre Councilmember Christine Parra Absent: Mayor Sue Himmelrich Also Present: City Manager David White Acting City Attorney Susan Cola City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:33 p.m., with all members present except Mayor Himmelrich. Boy Scott Troop 223 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 Pro Tem, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 8:06 p.m., with all members present except Mayor Himmelrich, to report the following: 1.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; 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; 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; Coalition of Santa Monica City Employees. DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 2 May 24, 2022 The Acting City Attorney advised this matter was heard with no reportable action taken. MOMENT OF OBSERVANCE The Mayor Pro Tem asked for a moment of observance for the 19 students, and 2 adults who were senselessly gunned down at Robb Elementary School in Uvalde, Texas today. AGENDA MANAGEMENT: The Mayor Pro Tem announced there has been a request to hear Item 8.A. before the Study Session. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to perform agenda management and hear Item 8.A. before the Study Session items. The motion was unanimously approved by voice vote, with Mayor Himmelrich absent. SPECIAL AGENDA ITEMS: 2.A. Commendation: Ricardo "Rick" Crocker, was presented. Members of the public Lauralee Asch- PAL Board President, LT. Sal Lucio- PAL Board and Rick Crocker 5K Chair, and Emma Vides- PAL alumni and parent, spoke in support of this item. 2.B. Proclamation: Bike Month, was presented. 2.C. City Manager Report: Presentation by Assessor Jeff Prang, was rescheduled. 2.D. City Manager Report, was presented. Member of the public John Alle (time donated by Olga Zuwarska) spoke on this item. REPORT ON COUNCIL TRAVEL Councilmember Brock reported that he traveled to the Inland Empire to attend the Contract Cities Conference, where they discussed current issues including Homelessness and New State laws. Councilmember de la Torre traveled to Sacramento for the League of California Cities Summit where they held a Lobbying Day, discussed new housing, land use, diversity equity and inclusion, and other unfunded mandates. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There were no members of public present for public comment. Motion by Councilmember Negrete, 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 Parra, Davis, Negrete, Brock, de la Torre, DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 3 May 24, 2022 Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich WELLS 3.A. Award Bid and Enter Into Agreement No. 11266 (CCS) with Yellow Jacket Drilling Services, LLC for the Construction of Two Replacement Groundwater Supply Wells, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2663 to Yellow Jacket Drilling Services, LLC for the drilling of two replacement groundwater supply wells; 2. Adopt determination that the project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15302 (Class 2 – Replacement/ Reconstruction; 3. Authorize the City Manager to negotiate and execute an agreement with Yellow Jacket Drilling Services, LLC, in an amount not to exceed $4,854,450 (including a $231,165 contingency); and 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. BUSES 3.B. Award Bid and Execute a Purchase Order with Toxguard to provide coolant for Department of Transportation transit buses, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4405 to Toxguard Fluid Technologies for the purchase of pre-mixed coolant for heavy-duty engines in transit buses for the Department of Transportation; 2. Authorize the Procurement Manager to issue a purchase order with Toxguard Fluid Technologies for heavy-duty engine coolant in the amount not to exceed $394,925, which includes a $35,902 contingency, over a five-year period with future year funding contingent on Council budget approval. FUEL STORAGE TANKS 3.C. Approval of Second Modification to Agreement #11099 with Fleming Environmental for Urgent Repairs to the Veeder Root System of Underground Fuel Storage Tanks, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #11099 (CCS) (formerly CT# 3438) in the amount of $182,000 (including contingency) with Fleming Environmental Inc., to perform an urgent repair to the Underground Storage Tank (UST) monitoring system at the Public Safety Facility (PSF) along with additional funding for maintenance and repair on DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 4 May 24, 2022 the 13 other sites located in the City. This would result in a five-year amended agreement with a new total amount not to exceed $353,730, with future year funding contingent on Council budget approval. FIRST COURT PEDESTRIAN MALL 3.D. Adoption of Resolution No. 11420 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ESTABLISH A PEDESTRIAN MALL ON A PORTION OF FIRST COURT BETWEEN SANTA MONICA BOULEVARD AND ARIZONA AVENUE, IN THE CITY OF SANTA MONICA, CALIFORNIA”, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt a Resolution of Intent declaring the Council’s intent to establish a Pedestrian Mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue; 2. Adopt the determination that the action to approve the Resolution of Intent to establish the Pedestrian Mall is exempt pursuant to CEQA Guideline 15061 (b)(3); and 3. Set a public hearing for September 27, 2022 to consider the establishment of the proposed Pedestrian Mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue. DRUG/ALCOHOL TESTING 3.E. Approval of Modification to Agreement with Barry W. Leeder, Inc., dba Collections Plus for Drug and Alcohol Collection (Testing) Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10724 (CCS) in the amount of $595,000 with Barry W. Leeder Inc. dba Collections Plus, A California based Corporation for professional drug and alcohol testing services for all departments. This will result in a nine-year amended agreement with a new total amount not to exceed $917,820, with future year funding contingent on Council budget approval. USER EXPERIENCE 3.F. Award User Experience Design and Development Professional Services Agreement Nos. 11267 (CCS) and 11268 (CCS), was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #307 to PXL for user experience, development and other services; to The Glue for user experience, development and other services; and, to WeUsThem for user experience, development and other services; 2. Authorize the City Manager to negotiate and execute agreements with: PXL to perform as needed user experience, graphic design DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 5 May 24, 2022 and other services in an amount not to exceed $95,000 over a 5-year period, with future year funding contingent on Council budget approval; with The Glue to perform as needed user experience, graphic design and other services in an amount not to exceed $95,000 over a 5-year period, with future year funding contingent on Council budget approval; and, with WeUsThem to perform as needed user experience, graphic design and other services in an amount not to exceed $95,000 over a 5-year period, with future year funding contingent on Council budget approval. TELECONFERENCE MEETINGS 3.G. Adoption of Resolution No. 11421 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361 TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE”, was adopted. Recommended Action Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through June 23, 2022. COVID-19 3.H. Adoption of Resolution No. 11422 (CCS) entitled, “AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO”, was adopted. Recommended Action Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order. STAFF ADMINISTRATIVE ITEMS: 600 PALISADES AVENUE 8.A. Approval to Rename Goose Egg Park Located at 600 Palisades Avenue to Bob Holbrook Park, was presented. Recommended Action Staff recommends that the City Council consider the Recreation and Parks Commission's recommendation to officially rename Goose Egg Park to Bob Holbrook Park. Members of the public Jerry Rubin and Johnathan Foster, spoke to the recommended action. Motion by Councilmember Brock, seconded by Councilmember de la DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 6 May 24, 2022 Torre, 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 NOES: None ABSENT: Mayor Himmelrich STUDY SESSION: COUNCIL MEETING FORMATTING 4.A. Discussion and direction to staff on best practices to change the Agenda formatting to make Council meetings more efficient and consideration of cost and implementation of Hybrid meetings with a call-in option, was presented. Recommended Action Staff recommends that the City Council: 1. Review and comment on changing the Council meeting agenda formatting to make meetings more efficient; 2. Discuss potential for hybrid meetings with a call-in option for all boards and commission meetings; and, 3. Provide direction to staff to come back with resolutions amending the Rules of Order and Procedure for the Conduct of City Council meetings, and amending the Establishing Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards. Members of the public John Alle, Denise Barton, Olga Zurawska, Jerry Rubin, Ann Thanawalla, and Johnathan Foster spoke on the recommendation. Questions asked and answered of staff included: is it true that none of these item are reducing time, but instead shifting the meeting items; respectful of the public’s time, would mean that all public comment on all items could be heard at the beginning of the meeting; does the City Clerk’s Office have a recommendation for the best way to reduce meeting times; how was the amount of participation measured; is there a difference in cost between using Zoom versus Teams; would using Zoom be easier to use for members of the public, since that seems to be what all other agencies are using, and would it increase participation; what can be done in addition to hybrid meetings to get more residents involved; how do we take care of the people who have hearing impairments or speech impediments, or are afraid to come in-person because of COVID, if we don’t have a hybrid option; is there any consideration to have members of the public send a video in to be played, or have a staff member accept a phone call from the public; is there a way that we can have notification on the website to inform members of the public that they can submit public comment via phone call or video; were there any discussions with IT about Zoom; for clarification, our definition of hybrid would be to have people call in live, as well as have people in-person; if someone request an accommodation, are they able to DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 7 May 24, 2022 call in; and, did staff look into any other grants or funds that could help fund this upgrade. Considerable discussion ensued on topics including, but not limited to: we need to find a way to have hybrid meetings that include a call-in option; move all comments to the beginning of the meeting; if we are going to hybrid, staffing would only need to be here for the beginning of the meeting; because Council, as well as members of the public have full-time jobs, it would be a hardship to start the meetings earlier than 5:00 p.m.; one of the reasons the Council has not been as diverse in the past is because of lack of accessibility due to the long hours of the meetings; doing it more times a month, makes it less attractive to those who might be interested in being on Council; having more meetings won’t solve the problem of shortening the meetings; have public comment at the beginning of the meeting until Dec. 31st as a test, then come back and revisit; separate Study Sessions and Appeals to a different day and time, which will shorten the meetings; set a time for Closed Session; think which boards and commissions should be included at this time; consider allowing recorded public comment to be received and played during the meeting; option of a virtual meeting for Study Sessions; support hybrid meetings, but concerned about the price tag; see if there are any grants out there to get the ball rolling; there has to be a way to accommodate someone remotely and not take time away from somewhere here in person; not ideal to add more meetings because of work/life responsibilities; starting at 4:30, not an option; consider a fixed time for the public meeting to start; support moving the 13 item deadline to help with agenda planning; support Ad hoc updates on a quarterly basis; support 13 item deadlines to the Monday at noon, one week before the Council meeting; set a hard stop time for Closed Session and move it to the end of the meeting; for Closed sessions where additional staff is involved in Closed Session, consider moving those meetings to start earlier; consider starting the public meeting later, if there is going to be a lot of staff for certain items; move the proclamations and commendations before Closed Session; hear all public items first at 5:30, then go to Closed Session, and once out of Closed Session, propose Agenda Management with consultation from the Mayor and Assistant City Manager; and, be mindful of residents and commissioners who have accessibility issues that need to be accommodated. BUDGET 4.B. Financial Status Update, FY 2022-23 Proposed Budget, and FY 2022-24 Biennial Capital Improvement Program Budget, was presented. Recommended Action Staff recommends that the City Council: 1. Receive the FY 2021-22 through FY 2027-28 May Forecast; 2. Review and provide direction to staff regarding the FY 2022-23 Proposed Operating Budget Adjustments (Attachment A) and FY 2022-24 Proposed Biennial Capital Improvement Program (CIP) DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 8 May 24, 2022 Budget (Attachment B); 3. Review and provide direction to staff on establishing a parklet license fee, Fire Department fee study changes and revisions to Cemetery fees (Attachments C, D, E); 4. Direct staff to proceed with setting the FY 2022-23 Operating and FY 2022-24 Biennial Capital Improvement Program (CIP) Budget Adoption hearing on June 28, 2022; and 5. Provide direction on potential revenue measures for the November 2022 ballot and direct staff to prepare ballot measure language. Members of the public Denise Barton (time donated by Olga Zuwarska), Marianne Laguardia, Lori Brown, Eve Lopez, Jerry Rubin, Ann Thanawalla, Tara Barauskas, and Ericka Lesley spoke on the recommendation. Questions asked and answered of staff included: were the voters aggregated by race and language; how many voters are estimated to participate in the upcoming November election; is there some sense of why there was such a difference between the Transient Occupancy Tax (TOT) and Library tax; was there any sense from the polling where there were differences in the type of safety that voters prioritized; were people asked about their preferred response with regards to homelessness; what is $4.1 million in TOT going to get us in terms of the residents; are there some public safety items that cannot be considered at this time; if the TOT was placed on the ballot, is it true that those other non-public safety items, like mental health will not be able to be addressed; when will we return to collecting full fines, and how much revenue will that be; how do you know when a person doesn’t have a real ability to pay; does Council discretionary funds reset at some point; explain the field maintenance money, has it been removed, and how is this going to be handled; what sports fields need to be maintained that aren’t being maintained now; how do we get those fields open, and find a way to have staff maintain those fields; does the permitted use provides revenues for parks, and how does that revenue go back to the parks; how much are we losing if we didn’t have the permitted use providing revenue for these fields; if a restaurant has a hardship, is there a waiver for water fees; how much is in our Housing Trust fund; with the additional TOT that came in, if the increase had been in this year, what would the amount of the surplus have been; would that have covered most of the cost that we talked about previously; is the reason that we can’t provide for park maintenance because we don’t have the revenue; what is considered vacation rentals, why are they being charge 3% and the hotels are paying 1%; is there any additional cost to collect that 3%; do we have any sense of how much money we’re losing on not enforcing vacation rentals; and, when is it expected to expand library hours. Considerable discussion ensued on topics including, but not limited to: somewhere in the budget, we would like to see the public fields maintained and reopened; find revenue to fund park maintenance, even in a budget crunch; for the scoreboard at the Historical Belmar park, can be paid for DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 9 May 24, 2022 through a public/private partnership; encourage staff to go and come back to find ways to fund the items that make Santa Monica desirable; fund parks, green space, items that are essential to residents who live in mostly apartments; look into using some of our reserves to provide some of the services the residents require; work with Community Corp to help them complete a housing project that has run out of funding; reimagining how we provide services, look at our practices that make things more efficient and effective; there’s a lot of concerns that Santa Monica is being overburdened because we provide so many services; would like to leverage our past experience but share the cost with other agencies in the region to help solve the homeless problems; how are wastewater fees calculated, and how are they impacted by outdoor dining; concerned that when considering staffing enhancements, make sure that the staff is serving our residents on the streets; make sure services are restored and concentrate on the downtown and making sure that they are economically feasible; use discretionary funds to reinvest $10K to the Westside Coaliton for the MLK event; set aside $5K for Los Amigos Park for their scoreboard, with Councilmember Brock seeking a match from the Kiwanis Club; good with proposed CIP budget; and direct city staff to study an appropriate amount of a real estate property transfer tax that could be used to pay for needed city services at a 50% +1 passage, with exemptions, with a cost of living increase, would only effect commercial property, as an advisory measure to be added to the November ballot. CONTINUING AFTER 11:00 P.M. In accordance with the Council Rules, the Mayor asked if Council would like to finish the remainder of the items on the agenda or adjourn and continue the remainder of the agenda to the next meeting. Council unanimously agreed by voice vote to hear the remainder of the agenda, with Mayor Himmelrich absent. ORDINANCES: OUTDOORS PILOT PROGRAM 7.A. Second Reading and Adoption of Ordinance No. 2705 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6.40.050 TO EXTEND THE TERM OF THE SANTA MONICA OUTDOORS PILOT PROGRAM,” was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Negrete, seconded by Councilmember Davis, to adopt 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 NOES: None ABSENT: Mayor Himmelrich DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 10 May 24, 2022 COUNCILMEMBER DISCUSSION ITEMS: FOURTH OF JULY PARADE 13.A. Request of Councilmembers Brock and Davis that, in support of the annual Fourth of July parade along Main Street: (1) the City should co-produce the parade along with the Ocean Park Association; (2) the City should establish a pilot program that would allow the 2022 parade to be staged in the southernmost beach parking lots and then travel from those lots in a northern route on Main Street to the Civic Center; and (3) that the Council allocate $15,000 of its discretionary funds to the Ocean Park Association to help defray costs associated with producing the parade, was presented. There were no members of the public present to speak on this item. Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the staff recommendation. Councilmember Davis amended her motion to give direction to staff to come back with an urgency ordinance amending the Parade route in the municipal code. The amendment was considered friendly by the seconder. The motion, as amended was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich BEACH BIKE PATH 13.B. Request of Councilmembers Negrete and Brock that the City Council direct the City Manager and City Attorney to return to the Council with an ordinance amending Section 3.12.600 of the Santa Monica Municipal Code to allow a limited number of non-electric pedicabs on the beach bike-path, was presented. Members of the public Jay Gladstone, Teddy Rycroft, William Cobian, Neil Gitnick, Keith Brown, Chris Rink, John Berry, Randy Metz, and Ann Thallawalla spoke on the recommended action. Considerable discussion ensued on topics including, but not limited to: look at width of the pedicab; training, and overall safety; don’t want to overcrowd the bike path; recommend how many should be approved; could this become a more prevalent mode of transportation in the city, as a method of mobility; concern about enforcement for unpermitted pedicabs; loading and unloading of pedicabs are not blocking any fire access lanes, maybe create designated areas; and find a way to block any impediments to having them downtown. Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was approved by the following vote: DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721 11 May 24, 2022 AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich PUBLIC INPUT: Members of the public Johnathan Foster, Eve Lopez commented on various local issues. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 2:07 a.m. in memory of Charles Alvarez and Bob Neuwirth. ATTEST: APPROVED: Denise Anderson-Warren Kristin McCowan City Clerk Mayor Pro Tem DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721