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m20221115_Spec 1 November 15, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 15, 2022 A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:36 p.m., on Tuesday, November 15, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Lana Negrete (arrived at 5:38 p.m.) Councilmember Oscar de la Torre Councilmember Christine Parra Also Present: City Manager David White City Attorney Douglas Sloan City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:37 p.m., with all members present except Councilmember Negrete. Councilmember Parra led the assemblage in the Pledge of Allegiance. AGENDA MANAGEMENT Councilmember Negrete arrived at 5:38 p.m. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to hear Item 16.F. in conjunction with Item 4.C., and to allow public comment for these items to be heard when the item is called. As well as to allow the public speakers for Item 16.G., who are students, to be heard during the first public input section. The motion was approved unanimously by voice vote, with all members present. Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to continue the board and commission appointment, Item 16.A. to a future meeting. The motion was unanimously approved by voice vote, with all members present. PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: There was no one present for comment on closed session items. Member of the public Jerry Rubin commented on special agenda items. Member of the public Jonathan Foster commented on consent calendar items. DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 2 November 15, 2022 Councilmember de la Torre excused at 5:45 p.m. Councilmember de la Torre recused himself from hearing public comment on Item 16.G. because his son is a member of the Samohi wrestling team. Members of the public Kai Necci, Donny Szeghy, Isaac Silva and Jaxson Lockwood commented on Item 16.G. PROCLAMATIONS/ COMMENDATIONS 4.A. Commendations: Supervisor Sheila Kuehl & Assemblymember Richard Bloom, was presented. CLOSED SESSIONS Councilmember de la Torre returned at 5:53 p.m. On order of the Mayor, the City Council recessed at 6:05 p.m., to consider closed sessions and returned at 7:45 p.m., with all members present, to report the following: 3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): James Anthony Humphrey v. City of Santa Monica, et al., Case No. 21-cv-06812 The City Attorney advised this matter was heard with a Settlement Agreement in the amount of $215,000. The City Attorney reported that Settlement agreement No. 11334 (CSS) in the amount of $215,000 was approved unanimously by voice vote, with all members present. 3.B. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White, Chief People Officer Lori Gentles, and Human Resources Manager Robert Scalise; Bargaining Units: FEMA-Santa Monica Fire Executive Management Association. The City Attorney advised this matter was heard with no reportable action taken. 3.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027 The City Attorney advised this matter was heard with no reportable action taken. 3.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU Doe, et al. v. DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 3 November 15, 2022 Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835 The City Attorney advised this matter was heard with no reportable action taken. 3.E Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (Police Officers Association v. City). The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 4.B City Manager Report, was not heard. 4.C Proclamation for United Against Hate Week, was presented. STATEMENT OF APOLOGY 16.F Request of Mayor Himmelrich for the Council to adopt the attached Statement of Apology to African American Residents and their Descendants and direct the City Manager to commit to programs, policies, and investments that can educate the public about this history of discrimination and its ongoing consequences, and to ferreting out and overturning systemically racist policies to ensure that the pain caused by several decades of racial injustice and discrimination against blacks and other people of color is mitigated to the extent possible. Mayor Himmelrich further requests Council to direct the City Manager to post this apology on the City’s website and in a public location within the City, was presented. Members of the public Robbie Jones, LaVerne Ross, Dr. Shirley Compton, Jamilla Williams, Denise Barton, Craig Miller, Janet McKeithen, Angela Scott, Jerry Rubin, Mark Brandon, Maurice Maxwell, Andrina Sales, and Joanne Berlin commented on Items 4.A. and 16.F. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt the recommendation. The motion was unanimously approved by DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 4 November 15, 2022 voice vote, with all members present. BREAK On order of the Mayor, the Council took a short break at 9:01 p.m., then returned at 9:20 p.m., with all members present, except Councilmember Negrete. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: Councilmember Negrete returned at 9:21 p.m. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember Brock, seconded by Mayor Himmelrich, to approve the Consent Calendar except for Items 5.A and 5.F., 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 TELECONFERENCE MEETINGS 5.B. Adoption of Resolution No. 11482 (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 Force. WATER/WASTEWATER PROJECT 5.C. Award RFP #SP2666 to DRP Engineering, Inc. for the design of Water and Wastewater replacement project, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #SP2666 to DRP Engineering, Inc., to provide engineering design services, develop construction documents, and provide engineering support during the construction of the water, wastewater and recycled water main projects for fiscal years 2022- 23 through 2026-27 for the Public Works Department. DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 5 November 15, 2022 2. Authorize the City Manager to negotiate and execute Agreement No. 11335 (CCS) with DRP Engineering, Inc., in an amount not to exceed $1,322,991 (including $120,271 contingency) for two years, with three additional one-year renewal options in the amount of $2,136,503 (including $194,227 Contingency) on the same terms and conditions for a total amount not to exceed $3,459,494 over a 5-year period with future year funding contingent on Council budget approval. 3. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines. The project consists of replacement or reconstruction of existing water and sewer main facilities where the new replacement will be in the same locations and will have substantially the same purpose as the structures replaced. VEHICLES 5.D. Authorize the Procurement Manager to issue purchase orders for the purchase of various replacement vehicles, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the Procurement Manager to issue a purchase order with Tennant Company for the purchase of six scrubbers for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $936,260; 2. Authorize the Procurement Manager to issue a purchase order with Nixon-Egli Equipment Co. for the purchase of one DZero Plus Electric Sidewalk Sweeper for the Public Works Department. 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 $385,032; 3. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group for the purchase of one bin truck for the Public Works Department and two sports utility vehicles (SUVs) for the Records and Election Services Department. 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 $188,557; and 4. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Centers (DBA Velocity) for the purchase of two front loader trucks for the Public Works Department. This recommended award is made as an exception DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 6 November 15, 2022 to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $991,110. DISPOSAL SERVICES 5.E. Award RFP for Landfill Trash Disposal Services to Arakelian Enterprises, Inc., dba Athens Services and Chiquita Canyon, LLC, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 313 to Arakelian Enterprises, Inc. dba Athens Services for landfill trash disposal services for the Public Works Department; 2. Award RFP# 313 to Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC for landfill trash disposal services for the Public Works Department; 3. Authorize the City Manager to negotiate and execute Agreement No. 11336 (CCS) with Arakelian Enterprises, Inc., dba Athens Services, in an amount not to exceed $3,279,863 (including a 15% contingency) for two years, with future year funding contingent on Council budget approval; and 4. Authorize the City Manager to negotiate and execute Agreement No. 11337 (CCS) with Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC, in an amount not to exceed $4,575,489 (including a 20% contingency) for two years, with three additional one-year renewal options in the amount of $7,320,783 on the same terms and conditions for a total amount not to exceed $11,896,272 over a five-year period, with future year funding contingent on Council budget approval. 5. Staff recommends the Council adopt a finding of Categorical Exemption pursuant to Section15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines. POLICE DEPARTMENT 5.G. Approval of 1st Modification of Agreement No. 11338 (CCS) with Flying Lion for Drone as a First Responder Program, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #4957 in the amount of $136,000 with Flying Lion Incorporated (FLI) to provide air support services for the Police Department. This will result in a two- year amended agreement with a new total amount not to exceed $181,000, with future year funding contingent on Council budget approval. DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 7 November 15, 2022 SENIORS PROJECT 5.H. Approval of First Modification to Alta Planning and Design Professional Services Agreement for Program Services for the Active Aging-Safe Routes for Seniors Project, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement (PSA) #10949 (CCS) with Alta Planning and Design for the continuation of Program Services for the Active Aging-Safe Routes for Seniors Project for the Department of Transportation. This will result in a one-year amended agreement with a new total amount not to exceed $378,127, with future year funding contingent on Council budget approval. TRAFFIC SAFETY 5.I. Authorization to accept Grant from the California Office of Traffic Safety for the Selective Traffic Enforcement Program, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $290,000 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program in the Police Department. 2. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. FIRE DEPARTMENT 5.J. Award RFP to provide professional services to assist Los Angeles Area Fire Chief’s Association Regional Training Group Fire Service Training Officer hosted by Santa Monica Fire, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #325 for professional services to Fire Resources LLC, to assist Los Angeles Area Fire Chief’s Association Regional Training Group hosted by Santa Monica Fire Department; and 2. Authorize the City Manager to negotiate and execute professional service Agreement No. 11339 (CCS) with Fire Resources LLC, in an amount not to exceed $370,000 for a twenty-four month period, with future year funding contingent on Council budget approval and state homeland security grant funding. DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 8 November 15, 2022 MINUTES 5.K. City Council Minutes- Special Meeting - May 5, 2020 3:00 PM, were approved. MINUTES 5.L. City Council Minutes- Regular Meeting - May 12, 2020 5:30 PM, were approved. MINUTES 5.M. City Council Minutes- Regular Meeting - May 26, 2020 5:30, were approved. MINUTES 5.N. City Council Minutes - Special Meeting - November 1, 2022 6:00 PM, were approved. MINUTES 5.O. City Council Minutes of September 29, 2020 5:30 PM, were approved. CUSTODIAL SERVICES 5.A. Authorization of Contract Modification for Citywide Custodial Services, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement #10534 in the amount of $2,240,069 with UNISERVE Facilities Services Corp., for custodial services for various City locations. This would result in a 7-year amended agreement through April 30, 2024 with a new total amount not to exceed $9,953,390 with future year funding contingent on Council budget approval. Pulled by Councilmember Brock to ask questions of staff including: if this is an item involving meeting and confer with the unions, how can this contract be extended at this time; how many workers are being displaced through this service; is this displacing any custodial workers that would normally be at these locations; how long has the hybrid pilot been in effect; is the city saving money by doing this; how many custodial employees work citywide at the various sites; and, are we adding anything to the services that would address cleanliness and protocols as a result of the pandemic. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the recommended action. 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 DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 9 November 15, 2022 DEVELOPMENT IMPACT FEES 5.F. Annual Reporting of Development Impact Fees, was presented. Recommended Action Staff recommends that the City Council review and accept the FY 2021-22 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2021- 22 Child Care Linkage Fee Report per SMMC Chapter 9.65. Councilmember Brock pulled this item to acknowledge the Rec and Park fees that are available and would like to provide direction to staff to use some of those impact fees received to create additional Pickleball courts. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommended action. 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 PUBLIC INPUT ON REMAINING AGENDA ITEMS: Member of the public Anna Dailey commented on Item 10.B. Members of the public Olga Zurawska (time donated by Denise Barton), Tricia Crane, Eve Lopez (time donated by Kate Scott) commented on Item 16.D. CONTINUED ITEMS: KIOSK PROGRAM 8.A. Adoption of Resolution No. 11483 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENT TO AWARD A DIGITAL WAYFINDING AND OUT-OF-HOME ADVERTISING KIOSK FRANCHISE TO BIG OUTDOOR”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines in accordance with the Environmental Review section of this report; and 2. Adopt the attached Resolution of Intent declaring the Council’s intent to hold a public hearing on December 13, 2022 to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 10 November 15, 2022 kiosk network for a 20-year term, per the terms and conditions stated in the resolution. Questions asked and answered of staff included: has there already been a protest filed; did the final comparisons include both companies best and final offers; what are the options for selecting one over the other; can the city continue to negotiate to get a better offer from the company that is selected; is it legal for the Council to select the company that is presenting a better offer after the selection was made public; are the Council’s three options to choose the company recommended by the staff, go with the other bidder, including their most recent bid to indemnify their kiosks, or reject both and go back out to start the bid process over; is there any risk for reputational harm if we decide to scrap the bid and start over for a rebid; why would we throw out a thorough process and go back out to rebid; is there a way to calculate the cost of staff time and the outside consultant time and cost that went into this RFP; do we have any reason to believe that either of these companies is not capable of regularly updating technology as it becomes available; what did staff base the level of experience on to provide the recommendation for Big Outdoor; in order to come up with the dollar amounts, wouldn’t a company need to have experience to produce the advertisers; does a company who has more experience in advertising also have more space available for community uses; was there consideration to the software being used; has staff evaluated that Big Outdoors will be able to deliver on the cash promise, and if there is anything staff can do to expedite the installation of these kiosks; and, given that some kiosks have to go before the Coastal Commission, what is the realistic timeframe for them to be delivered. Considerable discussion ensued on topics including, but not limited to: concern about Big Outdoor not having enough experience with the type of kiosk that is needed in this community as compared to the other company; appreciation that in this case it appears that the public/private partnership will benefit the city; and, the importance that we need to maintain the appearance of following a fair process in order to maintain our integrity as a city. Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to adopt the staff recommendation, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmember Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 11 November 15, 2022 ORDINANCES: PUBLIC CAMPING 10.A. Introduction and Adoption of Emergency Ordinance No. 2728 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.095, PROHIBITION AGAINST CAMPING IN PUBLIC PLACES, TO CLARIFY: (1) THE APPLICABILITY OF THE SECTION’S PROHIBITIONS, AND (2) THE DEFINITION OF “CAMP FACILITY”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Introduce for adoption an Emergency Ordinance amending Santa Monica Municipal Code Section 4.08.095, Prohibition against camping in public spaces (“Section 4.08.095”), to clarify: (1) the applicability of the section’s prohibitions in line with recent case law; and (2) the definition of “Camp Facility.” Questions asked and answered of staff included: is it defined that items for sleeping are things that you can carry, and does this mean we are now going to start allowing setting up camping. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines, and to introduce and adopt on 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 ZERO EMISSION DELIVERY ZONE PILOT 10.B. Zero Emission Delivery Zone Pilot Program Lessons Learned; Introduction of First Reading of an Ordinance amending Santa Monica Municipal Code Section 3.12.1055 to Authorize the Use of Remote-Controlled Robotic Personal Delivery Devices; Adoption of Emergency Ordinance No. 2729 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.1055 TO EXTEND THE MORATORIUM ON THE DEPLOYMENT AND OPERATION OF AUTONOMOUS DELIVERY VEHICLES OR DEVICES ON DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 12 November 15, 2022 SIDEWALKS AND PEDESTRIAN PATHS OF TRAVEL”, and Authorize the City Manager to Negotiate and Execute a Contract No. 11340 (CCS) Extension with Automotus to continue Curb Management Services, was presented. Recommended Action Staff recommends that the City Council: 1. Introduce for first reading an ordinance amending Santa Monica Municipal Code Section 3.12.1055 to authorize the operation of remote-controlled personal delivery devices (PDDs) and prohibit the operation of autonomous delivery devices; and 2. Adopt an emergency ordinance extending the moratorium prohibiting the operation of autonomous delivery devices through January 30, 2023; and 3. Authorize the City Manager to execute a second modification to the agreement with Automotus to extend an existing license agreement and software as a service (SaaS) agreement through December 31, 2024, to allow for continued study of curb management via Automotus curbside cameras. There are no costs associated with this agreement. The Assistant City Attorney read a correction into the record regarding an error in the resolution regarding the Municipal Code section. The correct number should be 3.12.1055. Questions asked and answered of staff included: under this extension, would other companies be able to be participate; are there other companies in the space, that are not coming before Council; do we have a sense of why some of the larger corporations did not participate in this pilot; do we have a program to connect the delivery companies with local businesses, or do they have to do it on their own; what are the stats on incidents and accidents, and do we have any data; where is Coco located, is it in Santa Monica, or are they out of town somewhere operating the devices; is it true that according to State law, these types of vehicles are not allowed on the sidewalk; are we prioritizing bots over pedestrians; how does a resident notify a city about issues that occur with these devices on our public streets; will there be some sort of advertising on the device that provides a number or information on how to report a device that is violating the law; have we audited the video recordings to make sure that the information is not improperly being maintained or used illegally; is the percentage being taken from the businesses higher than what was being charged by other methods of delivery; and, is there some sort of balance between the amount of people versus the amount of devices on the street. Considerable discussion ensued on topics including, but not limited to: DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 13 November 15, 2022 observation that Coco bots are very courteous; they take up less space than the other delivery services in cars; if we didn’t have an accident recently, this wouldn’t be a big deal; staff to gather the data, and continue this item and bring it back on the December 13th meeting; Motion by Councilmember Davis, seconded by Mayor Himmelrich, to: 1) introduce for first reading an ordinance amending Santa Monica Municipal Code Section 3.12.1055 reading by title only and waiving further reading thereof; 2) adopt an emergency ordinance extending the moratorium prohibiting the operation of autonomous delivery devices through January 30, 2023; and, 3) authorize the City Manager to execute a second modification to the agreement with Automotus to extend an existing license agreement and software as a service (SaaS) agreement through December 31, 2024, to allow for continued study of curb management via Automotus curbside cameras. There are no costs associated with this agreement. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Brock ABSENT: None Direction was given to staff to return with data on incidents and accidents from Coco to the City Council within two weeks. RESOLUTIONS: PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION 13.A Request of the Public Safety Reform and Oversight Commission to Receive and Review the Reports Provided by the Public Safety Reform and Oversight Commission, was continued to the November 29th meeting. Recommended Action The Public Safety Reform and Oversight Commission has prepared a series of reports and recommendations concerning public safety in Santa Monica, most recently focused on complaint investigations and the status of the Santa Monica Police Department’s implementations of the reforms recommended by the OIR Group following their in-depth after action report concerning the events of May 31, 2020. Staff recommends that the City Council receive and review the reports provided by the Public Safety Reform and Oversight Commission. COUNCILMEMBER DISCUSSION ITEMS: AIRPORT COMMISSION 16.A. Appointment to one unscheduled vacancy on the Airport Commission for a term ending on 6/30/2024, was continued to a future meeting. AGENDA MANAGEMENT Motion by Mayor Pro Tem McCowan, seconded by Mayor DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 14 November 15, 2022 Himmelrich, to continue Items 16.B., 16.D. and 16.E. to the November 29th meeting. The motion was unanimously approved by voice vote, with all members present. POET LAUREATE PROGRAM 16.B. Request of Councilmembers Negrete, Parra, and Brock that the City Manager develop and return to City Council with recommendations for a Poet Laureate program for the City of Santa Monica. The program and recommendations shall be developed in collaboration with the Library Board and Arts Commission, was continued to the November 29th meeting. NATIONAL LEAGUE OF CITIES 16.C. Designation of a voting delegate for the National League of Cities Annual Business Meeting being held on Saturday, November 19 in Kansas City, MO, was presented. Councilmember Brock was appointed as the voting delegate and Councilmember Parra was appointed as the alternate voting member. NEIGHBORHOOD ORGANIZATIONS/BUSINESS IMPROVEMENT DISTRICTS 16.D. Request of Councilmember Davis that the City Council direct the City Manager to contact the head of each Neighborhood Organization and Business Improvement District listed on the City's website and ask if the organization or its Board of Directors (acting as a Board) will refrain from endorsing or opposing candidates or measures in any future election. If the Neighborhood Organization or Business Improvement District will not make that commitment, then the City Manager is authorized and directed to remove that Neighborhood Organization or Business Improvement District from any listing of such organizations on the City's website and to remove any hyperlinks to the organization’s website. In addition, the City Attorney and City Manager are directed to draft a policy that states as a condition of receiving City funding any Neighborhood Organization or Business Improvement District that makes campaign endorsements must provide a disclaimer on any written campaign endorsement materials stating no public funds are used for campaign purposes and views of the organization do not necessarily reflect the views of the City of Santa Monica or any of its officials, was continued to the November 29th meeting. HOUSING AUTHORITY 16.E Request of Councilmembers Parra, Brock and de la Torre to direct the City Manager to evaluate the impacts and feasibility of changing the Santa Monica Housing Authority Payment Standard basis to Small Area Fair Market Rate and increasing select zip code/unit size categories to 120% SAFMR to mitigate negative impacts as recommended by the Housing Commission by mid- December, was continued to the November 29th meeting. DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56 15 November 15, 2022 COUNCIL FUNDS Councilmember de la Torre excused at 11:35 p.m. 16.G Request of Councilmembers Brock and Parra that the City Council allocate $5,000 of their Discretionary Funds to the Samohi Wrestling Program, a 501 (c)(3). The funding will be used to offset costs related to transportation, tournament fees, lodging for out of town tournaments and equipment, thereby allowing all students on the team to participate in all activities for the season, was presented. Councilmember de la Torre recused himself from this item because his son is a member of Samohi’s wrestling team. Motion by Councilmember Negrete, seconded by Councilmember Davis, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre ARTS COMMISSION 16.H Recommendation to accept Jeff Swimmer's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Himmelrich, seconded by Councilmember Brock, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present, except Councilmember de la Torre. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:45 p.m. in memory of Barbara Levin Himmelrich. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 4297E1FA-2E05-4E5B-9ED6-AC2B86FE3B56