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m202304111 April 11, 2023 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 11, 2023 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on Tuesday, April 11, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Lana Negrete Councilmember Phil Brock Councilmember Oscar de la Torre Councilmember Caroline Torosis (arrived at 5:53 p.m.) Councilmember Jesse Zwick (arrived at 5:35 p.m.) Absent: Councilmember Christine Parra Also Present: City Manager David White City Attorney Douglas Sloan Acting City Clerk Maria Dacanay CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:34 p.m., with all members present except Councilmember Parra. Anuj Gupta led the assemblage in the Pledge of Allegiance. GENERAL PUBLIC INPUT: Members of the public Joe Fuchs, Jerry Berry, Neil Gitnick, Patricia McPherson, Eleanor Pearson, Sophia Lowe, Kathy Knight, Johnathan Foster, Zoë Muntaner, Hannah Winger, Howard Bryan Chapmick and Jerry Rubin commented on various local issues. PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: Members of the public Hajar Muqtasid, Robbie Jones, Ann Hoover (time donated by Jaleh Mirhashemi), Tara Barauskas, and Ericka Lesley commented on items 3.J. and 3.K. Member of the public Corey Robinson commented on item 3.K. Member of the public Denise Barton commented on item 5.C. CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:30 p.m., to consider closed sessions and returned at 8:36 p.m., with all members present except Councilmember Parra, to report the following: 3.A. Conference with Legal Counsel – Existing Litigation – DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 2 April 11, 2023 Councilmember de la Torre recused himself at 6:55 p.m. and returned at 7:02 p.m. Government Code Section 54956.9(d)(1): Leon Gurvin v. City of Santa Monica; LASC Case No. 21STCV41297 The City Attorney advised this matter was heard with no reportable action taken. 3.B. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Zachary Thomas Hoevet v. City of Santa Monica; LASC Case No. 21STCV30547 The City Attorney advised this matter was heard with no reportable action taken. 3.C. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Pirouz Mousheshirazi v. City of Santa Monica; LASC Case No. 20STCV34094 The City Attorney advised this matter was heard with no reportable action taken. 3.D. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al.; LASC Case No. 20STCV15438 The City Attorney advised this matter was heard with no reportable action taken. 3.E. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Mavis Soloway v. City of Santa Monica, et al.; LASC Case No. 20STCV47478 The City Attorney advised this matter was heard with no reportable action taken. 3.F. 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. 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 DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 3 April 11, 2023 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.G. 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. Insurance Company of the State of Pennsylvania, et al., Orange County Superior Court, Case No. 30- 2022-01261243 The City Attorney advised this matter was heard with no reportable action taken. 3.H. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: 1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011- 904, 4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906), Expo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011-909, 4290-011-902, & 4290- 011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Frank B. Chang, Vice President of Acquisitions, AMCAL Multi-Housing, Inc.; Under negotiation: Price and Terms of Payment for Sale The City Attorney advised this matter was heard with no reportable action taken. 3.I. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: 1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011- 904, 4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906), Expo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011-909, 4290-011-902, & 4290- 011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Aaron Sorochinsky, AVP, Investments, Cypress Equity; Under negotiation: Price and Terms of Payment for Sale The City Attorney advised this matter was heard with no reportable action taken. 3.J. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 4 April 11, 2023 Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang; Owner of Record: City of Santa Monica; Persons to be negotiated with: Cary Upton, Chief Operations Officer, Santa Monica Malibu Unified School District; Under negotiation: Price and Terms of Payment for Sale The City Attorney advised this matter was heard with no reportable action taken. 3.K. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Jesus Hernandez, Director of Housing Development, Community Corporation of Santa Monica; Under negotiation: Price and Terms of Payment for Sale The City Attorney advised this matter was heard with no reportable action taken. AGENDA MANAGEMENT Motion by Mayor Davis, seconded by Councilmember Brock, to continue items 8.A. and 16.A to the May 9, 2023 meeting. The motion was unanimously approved by voice vote, with Councilmember Parra absent. SPECIAL AGENDA ITEMS: 4.A. City Manager Report: Santa Monica Travel and Tourism and the Experience Management Plan, was presented. The City Manager provided local updates, and Misty Kerns and Trevor Cartwright presented on behalf of the Santa Monica Travel and Tourism. REPORT ON COUNCIL TRAVEL Councilmembers de la Torre and Brock, Mayor Pro Tem Negrete and Mayor Davis reported that they traveled to Washington D.C. for the National League of Cities Annual Conference. Also, Mayor Davis reported that she met with City and County officials about homelessness, and Councilmember Brock attended a Southern California Association of Governments (SCAG) Energy and Environment Committee meeting but City funds were not used to attend these meetings. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Staff noted that the incorrect Salary Schedule (Attachment B) was posted for item 5.J and the correct version was submitted as part of the public record. At the request of Councilmember de la Torre, Item 5.C was removed from DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 5 April 11, 2023 the Consent Calendar. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick, to approve the Consent Calendar, with the amendment to Attachment B for Item 5.J. and, except for Item 5.C, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following roll call vote: AYES: Councilmembers Zwick, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra CLOVERFIELD BOULEVARD PROJECT 5.A. Award Construction Contract No. 11375 (CCS) for Cloverfield Boulevard Recycled Water Main Installation Project, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Statutory Exemption pursuant to Section 21080.21 of the California Environmental Quality Act (CEQA); 2. Award Bid #SP2667 to Blois Construction Inc., for the construction of Cloverfield Boulevard Recycled Water Main Installation Project for the Public Works Department; 3. Authorize the City Manager to negotiate and execute an agreement with Blois Construction Inc, in an amount not to exceed $2,063,022 (including a $269,090 contingency); and 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; 5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. STREET LIGHT SUPPLIES 5.B. Award Purchase Order to One Source Distributors for Street Light Electrical Supplies, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines; 2. Award Bid #SP2685-1 to One Source Distributors, a Delaware Corporation, for the purchase and delivery of streetlight electrical supplies for the Public Works Department; and 3. Authorize the Procurement Manager to issue a purchase order with One Source Distributors for Streetlight Electrical Supplies in the amount not to exceed $500,000 (for one year, with four additional DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 6 April 11, 2023 one-year renewal options to extend at increases between 6% to 20%) for a total amount not to exceed $2,500,000, with future year funding contingent on Council budget approval. SANTA MONICA BASIN GROUNDWATER SUSTAINABILITY AGENCY 5.D. Adoption of Resolution No. 11516 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO APPOINT THE CITY’S ALTERNATE REPRESENTATIVE TO SERVE ON THE BOARD OF DIRECTORS FOR THE SANTA MONICA BASIN GROUNDWATER SUSTAINABILITY AGENCY”, was approved and adopted. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to appoint a second Alternate Representative, acting in the capacity of Board Member, to serve on the Board for the Santa Monica Basin Groundwater Sustainability Agency; 2. Adopt the Resolution authorizing the City Manager to appoint a second Alternate Representative to represent the City on the Board for the Santa Monica Basin Groundwater Sustainability Agency; 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. BUSES 5.E. Award Bid to Uniserve Facilities Service Corporation for Detail Cleaning of Transit Buses, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award Bid #4440 to Uniserve Facilities Service Corporation for detail cleaning of Santa Monica Department of Transportation’s fleet of transit buses; and 3. Authorize the City Manager to negotiate and execute Agreement No. 11376 (CCS) with Uniserve, in an amount not to exceed $695,076, including a $63,189 contingency, and a 3% cost escalator, over a five-year period with future year funding contingent on Council budget approval. CONFLICT OF INTEREST CODE 5.F. Adoption of Amended Conflict of Interest Code to Revise the Designated Positions as Required by California Law To File Statements of Economic Interest, was approved. DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 7 April 11, 2023 Recommended Action Staff recommends that the City Council update the City’s Conflict of Interest Code by adopting the proposed corrected Exhibit 1 reflecting positions subject to reporting requirements. HOUSING AUTHORITY 5.G. Adoption of Santa Monica Housing Authority Draft Fiscal Year 2023-24 Annual and Administrative Plans, was moved to Item 12.A. COUNCIL RULES OF ORDER 5.H. Adoption of Resolution No. 11517 (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 11494 (CCS)”, was approved and adopted. MEDIATION AND INVESTIGATION SERVICES 5.I. Award Request for Proposal and enter into Agreement Nos. 11377 (CCS) and 11378 (CCS) with Norman A. Traub & Associates and HRemedy, Inc. for Mediation and Investigation Services, 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. Award RFP #298B to Norman A. Traub & Associates, a California based company, for investigation services needs of the Human Resources Department. 3. Award RFP #298B to HRemedy, Inc., a California based company, for mediation services needs of the Human Resources Department. 4. Authorize the City Manager to negotiate and execute a professional services agreement with HRemedy, Inc. for a two-year pilot program in an amount not to exceed $75,000 for two years; and 5. Authorize the City Manager to negotiate and execute a professional services agreement with Norman A. Traub & Associates for a two- year pilot program in an amount not to exceed $150,000 for two years. LABOR RELATIONS 5.J. Adoption of Resolution No. 11518 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FIRE EXECUTIVE MANAGEMENT ASSOCIATION” and Authorizing the City Manager to Execute a Memoranda of Understanding No. 11379 DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 8 April 11, 2023 (CCS) with the City and the Fire Executive Management Association, was approved and adopted. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines; 2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Fire Executive Management Association; 3. Adopt the salary schedule (Attachment B); and 4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. MINUTES 5.K. Minutes of City Council - Special Meeting - March 21, 2023, were approved. ANNUAL COMPREHENSIVE FINANCIAL REPORT 5.C. Presentation of the Annual Comprehensive Financial Report (ACFR) to the Audit Subcommittee, was presented. Recommended Action Staff recommends that the City Council: 1. Receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2022; and 2. Consider a request by the Audit Subcommittee to instruct staff to increase the amount of disclosure related to Notes Receivables to include the gross amount of loans and amount of allowances, as well as a summary of the accounting principles driving the loan allowances, for inclusion in the ACFR for the fiscal year ending June 30, 2023. 3. Adopt a finding of no significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines Questions asked and answered of staff included: additional information requested by the Subcommittee about loans issued by City such as a list of borrowers, loan amounts, and repayment obligations that need Council- approval and whether approving this Council item would grant that approval; and whether staff can readily provide this information or is there any burden DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 9 April 11, 2023 or barrier to provide it. Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete to approve item 5.C. to direct staff to fulfill the request of the Subcommittee for additional information on loans issued by City. The motion was approved by the following roll call vote: AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra PUBLIC INPUT ON REMAINING AGENDA ITEMS: Members of the public Denise Barton, Andria McFerson, and Harvey Eder spoke on item 11.A. Members of the public Denise Barton, Hajar Muqtasid, Theresa Marasco, Michael Louis, Andria McFerson, Courtney Laretano (time donated by Stephanie Speights), Sheila Finley, and Emily Weston spoke on item 11.C. Members of the public Rafael De La Rosa, Donnie Longino, Dan Hall, Jose Barrera, Nick Rayment, and Ellis Raskin spoke on item 16.B. Members of the public Ericka Lesley and Ellis Raskin spoke on item 16.C. Members of the public Vicente Martin and Paula Cortez spoke on item 16.E. CONTINUED ITEMS: HUMAN SERVICES COMMISSION 8.A. Appointment to one open seat on the Human Services Commission for the term ending June 30, 2025, was continued to the May 9, 2023 meeting. ORDINANCES: ZONING 10.A. Second Reading and Adoption of Ordinance No. 2741 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO ESTABLISH AN OUTDOOR SPACE PROGRAM ALLOWING COMMERCIAL ACTIVITY ON PRIVATELY-OWNED PROPERTY AND OTHER AMENDMENTS RELATED TO EMERGENCY RESPONSE AND ECONOMIC RECOVERY, INCLUDING, BUT NOT LIMITED TO, EXTENSION OF CERTAIN PERMIT TIMEFRAMES”, was presented. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 10 April 11, 2023 AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra ZONING 10.B. Second Reading and Adoption of Ordinance No. 2742 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS OF THE 6TH CYCLE (2021-2029) HOUSING ELEMENT; FOR CONSISTENCY WITH UPDATES TO STATE LAW RELATED TO HOUSING PRODUCTION AND MINIMUM PARKING REQUIREMENTS; AND TO MAKE MINOR CHANGES, CLARIFICATIONS AND CORRECTIONS, INCLUDING CORRECTION TO PARCEL COVERAGE LIMITATIONS FOR EXISTING STRUCTURES IN THE R1 (SINGLE-UNIT RESIDENTIAL) DISTRICT AND MODIFICATIONS TO STANDARDS FOR ACCESSORY STRUCTURES”, was presented. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. Motion by Councilmember Zwick, seconded by Councilmember Torosis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: AYES: Councilmembers Zwick, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra OFFICIAL DISTRICTING MAP 10.C. Second Reading and Adoption of Ordinance No. 2743 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP FOR CONSISTENT DESIGNATION OF IDENTIFIED PARCELS”, was presented. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 11 April 11, 2023 Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY AND PARKING AUTHORITY On order of the Mayor, the regular City Council meeting was recessed to convene to a joint meeting with the Housing Authority and the Parking Authority at 10:03 p.m., with all members present, except Councilmember Parra. Housing Authority Board Elizabeth Cochran also joined the Housing Authority on the dais. REPORT ON MEETING COMPENSATION Pursuant to State law, Acting City Clerk Maria Dacanay announced that Council will receive $50 compensation for meeting as the Housing Authority and $50 for meeting as the Parking Authority. ADDITIONAL SPEAKING TIME FOR COMMISSION CHAIR Motion by Councilmember Brock, seconded by Councilmember de la Torre, to give the Housing Commission Chair 10 minutes to speak on item 11.C. and five minutes on 12.A. The motion was unanimously approved by voice vote by all members, with Councilmember Parra absent. STAFF ADMINISTRATIVE ITEMS: BUDGET 11.A. Fiscal Year 2022-23 Midyear Budget, was presented. Recommended Action Staff recommends that the City Council, Housing Authority and Parking Authority: 1. Appropriate FY 2022-23 midyear revenue and expenditure budget adjustments (Attachment A). Staff also recommends that the City Council: 1. Adopt Resolution No. 11519 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR EXISTING CLASSIFICATIONS: BACKGROUND INVESTIGATION OFFICER, FLEET MAINTENANCE SUPERINTENDENT, FLEET MAINTENANCE SUPERVISOR, GIS TECHNICIAN, HAZARDOUS MATERIALS SPECIALIST, INFORMATION SECURITY ANALYST, INVESTIGATIVE SPECIALIST, LEAD TRANSIT MECHANIC, MECHANIC I, MECHANIC II, MOTOR COACH OPERATOR TRAINEE, SENIOR MECHANIC, SWIM INSTRUCTOR/POOL LIFEGUARD, TRANSIT MECHANIC I, TRANSIT MECHANIC II, TRANSIT MECHANIC SUPERVISOR, TRANSIT VEHICLE MAINTENANCE SUPERINTENDENT, WASTEWATER COLLECTION WORKER III, WASTEWATER TREATMENT PLANT OPERATOR-IN-TRAINING, WASTEWATER TREATMENT PLANT OPERATOR I, AND WASTEWATER TREATMENT PLANT OPERATOR II”; DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 12 April 11, 2023 2. Approve the position and classification changes (Attachment C); 3. Adopt attached Resolution No. 11520 (CCS) entitled “A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION OF GRANT FUNDS FOR THE SANTA MONICA CITY YARDS MODERNIZATION, MICROGRID PROJECT”; 4. Adopt attached Resolution No. 11521 (CCS) entitled “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF ADMINISTERING AGENCY- STATE MASTER AGREEMENTS FOR STATE AND FEDERAL- AID FUNDED PROJECTS”; 5. Authorize the City Manager to accept a grant award in the amount of $51,173 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) for implementation of the JAG 2022 Project “Overtime Operations to Keep Neighborhoods Safe” and execute all necessary documents to accept the grant and all grant renewals; 6. Authorize the City Manager to accept a grant award in the amount of $34,497 from the U.S. Department of Justice (DOJ) Bureau of Justice Assistance 2022 Bulletproof Vest Partnership (BVP) Grant to support the replacement of bulletproof vests and execute all necessary documents to accept the grant and all grant renewals; 7. Authorize staff to amend the City’s Fiscal Policy to allow for the suspension of the accelerated paydown of the City’s unfunded pension liability from FY 2022-23 to FY 2027-28 or later, pending restoration of City services and maintenance budgets and reserves; and, 8. 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. Questions asked and answered of staff included but was not limited to: staffing and program plans for the Childcare Recreation Enrichment Sports Together (CREST) program; budget and funding for the Direct Action Response Team (DART) program; copper wire thefts from streetlights, costs for replacement and police response; status and occurrence of the tenant counseling services pilot-program; City and State funding for the Lincoln Neighborhood Corridor Streetscape LiNC Project; maintenance of the Summer Lunch Program at Virginia Avenue Park (VAP); and staffing and a reopening date for the Police Activities League (PAL) Fitness Center. Motion by Authority/Councilmember Torosis, seconded by Authority/Councilmember Brock, to adopt the staff recommendation for the City Council, Housing Authority and Parking Authority. The motion was approved by the following roll call vote: DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 13 April 11, 2023 AYES: Authority member Cochran, Authority/Councilmembers Zwick, Brock, Torosis, de la Torre, Vice-Chair/Mayor Pro Tem Negrete, Chair/Mayor Davis NOES: None ABSENT: Authority/Councilmember Parra Motion by Councilmember Torosis, seconded by Councilmember Brock, to adopt the eight staff recommendations for the City Council. The motion was approved by the following roll call vote: AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra MINUTES 11.B. Approval of minutes for Housing Authority and Parking Authority meetings, were presented. Recommended Action Staff recommends that the Parking Authority and Housing Authority approve the minutes for the following: 1. February 8, 2022 Parking Authority meeting; and 2. April 12, 2022 and September 13, 2022 Housing Authority meetings. Motion by Authority/Councilmember Torosis, seconded by Authority/Councilmember Zwick, to approve the minutes. The motion was approved by the following roll call vote: AYES: Authority member Cochran, Authority/Councilmembers Zwick, Brock, de la Torre, Torosis, Vice-Chair/Mayor Pro Tem Negrete, Chair/Mayor Davis NOES: None ABSENT: Authority/Councilmember Parra ADJOURNMENT OF SPECIAL PARKING AUTHORITY MEETING On order of the Chair/Mayor, the special joint meeting with the Parking Authority was adjourned at 10:52 p.m., and the special joint meeting of the City Council and Housing Authority continued with all members present except Authority/Councilmember Parra. CLIENT ADVISORY BOARD 11.C. Introduction and First Reading of an Ordinance Forming a Client Advisory Board, was presented. Recommended Action Staff recommends that the Housing Authority Board: 1. Review and provide direction on the proposed approach for the DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 14 April 11, 2023 creation of the Client Advisory Board (CAB) to replace the current Resident Advisory Board (RAB). 2. Extend the term of the Section 8 Resident Advisory Board (RAB) member on the Housing Authority Board until two CAB members are appointed (at least one a Section 8 voucher holder) by the Housing Authority. Staff recommends that the City Council: 1. Introduce for First Reading an Ordinance, adding Chapter 2.70 to create the CAB. After staff’s presentation, Housing Commission Chair Michelle Gray spoke on behalf of the Commission with their recommendations on the creating of the Client Advisory Board (CAB). The Commission also submitted their recommendations in writing and submitted it through their Staff Liaison to be included as part of the public record. Questions asked and answered of staff included but are not limited to: if the Housing Authority Board (HAB) can make an appointment to the vacant seat at this meeting or if there are other options to fill the vacancy; when staff received the Housing Commission’s written recommendations; whether or not the Commission recommendations align with staff’s recommendations and Federal requirements; which recommendations must the HAB act on at this meeting; clarification on why the Resident Advisory Board (RAB) and Housing Commission were created and their primary responsibilities; if staff anticipates difficulty with the Commission’s recommendations to create a diverse Board with applicants/members who meet certain criteria such as Housing Choice Voucher or Continuum of Care holders, etc.; and the possibility for CAB members to elect two of the members to the HAB vs. the HAB appointing the members. Questions asked and answered of the Housing Commission Chair included extending member Cochran’s terms, continuing the item, directing staff to meet with the Commission and reporting back with revised recommendations. Motion by Chair Davis, seconded by Authority member Brock, to continue the item to allow staff and the Housing Commission to review the Commission’s recommendations and return to Council identifying the items where they are in agreement and highlighting the areas where they are in disagreement so that the HAB can resolve them. At the future meeting, staff may also return with an ordinance for first reading. The motion was approved by the following roll call vote: AYES: Authority members de la Torre, Torosis, Brock, Zwick, Authority Board member Cochran, Vice-Chair Negrete, Chair Davis DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 15 April 11, 2023 NOES: None ABSENT: Authority member Parra Motion by Chair Davis, seconded by Authority member Brock, to approve the second recommendation for the Housing Authority Board to extend the term of the Section 8 Resident Advisory Board (RAB) member on the Housing Authority Board until two CAB members are appointed (at least one a Section 8 voucher holder) by the Housing Authority. The motion was approved by the following roll call vote: AYES: Authority member Cochran, Authority members Zwick, Brock, Torosis, de la Torre, Vice-Chair Negrete, Chair Davis NOES: None ABSENT: Authority member Parra MEETING MANAGEMENT Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to continue the meeting after 11:00 p.m. and hear the remainder of the agenda. The motion was unanimously approved by voice vote by all members, with Councilmember Parra absent. PUBLIC HEARINGS: HOUSING AUTHORITY 12.A. Adoption of Santa Monica Housing Authority Draft Fiscal Year 2023-24 Annual and Administrative Plans, was presented. Recommended Action Staff recommends that following the close of the public hearing the Housing Authority Board: 1. Adopt the FY 2023-24 Santa Monica Housing Authority Annual Plan, provided as Attachment A; 2. Adopt the FY 2023-24 Santa Monica Housing Authority Administrative Plan, provided as Attachment B; 3. Adopt the New Family Self-Sufficiency Action Plan (Formerly Chapter 18 of the Administrative Plan) as Attachment C; and 4. Authorize the Submission of the FY 2023-24 Annual and Administrative Plans to the United States Department of Housing and Urban Development. 5. 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. After staff’s presentation, Housing Commission Chair Michelle Gray spoke on behalf of the Commission with their recommendations on the approval of Santa Monica Housing Authority (SMHA) Plans. The Commission also submitted their recommendations in writing and submitted it through their Staff Liaison to be included as part of the public record. Members of the public Theresa Marasco, Andria McFerson, Harvey Eder, DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 16 April 11, 2023 and Denise Barton spoke to the recommended action. Councilmember Torosis expressed concerns over the City’s eviction prevention efforts and interest in follow-up information on oversight and performance metrics. Motion by Authority member Torosis, seconded by Chair Davis, to adopt all five staff recommendations. The motion was approved by the following roll call vote: AYES: Authority member Cochran, Authority members Zwick, Brock, Torosis, Vice-Chair Negrete, Chair Davis NOES: None ABSTAIN: Authority member de la Torre ABSENT: Authority member Parra ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Chair/Mayor, the special joint meeting was adjourned at 12:36 a.m., and the regular meeting of the City Council was reconvened with all members present except Authority/Councilmember Parra. Authority Board member Cochran left the dais. COUNCILMEMBER DISCUSSION ITEMS: COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE AND THE ENVIRONMENT 16.A. Appointment to one unscheduled vacancy on the Commission on Sustainability, Environmental Justice and the Environment for the term ending on June 30, 2024, was continued to the May 9, 2023 meeting. MINIMUM WAGE 16.B. Request of Mayor Davis and Councilmembers Zwick and Brock that the City Council direct the City Manager and City Attorney to study and draft an ordinance that would guarantee healthcare workers a minimum wage in Santa Monica, was presented. Considerable discussion ensued on topics including, but not limited to: if there will be tiered wages proposed for workers with different skill sets; hardship exemptions for smaller facilities; and impacts on other facilities such as convalescent homes, non-public hospitals and non-profit clinics. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Parra absent. PICO BRANCH LIBRARY AND VIRGINIA AVENUE PARK 16.C. Request of Mayor Davis, Councilmember Torosis, and Councilmember Zwick that, pursuant to the City’s naming policy, the City Council direct the Recreation and Parks Commission and the DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 17 April 11, 2023 Library Board to consider renaming the Pico Branch Library in honor of longtime resident and activist Lloyd Allen. Council requests that the advisory bodies consider this matter and report back to the Council within 60 days, was presented. Motion by Councilmember Torosis, seconded by Councilmember Brock, to approve the request. Councilmember de la Torre proposed a friendly amendment to direct the Recreation and Parks Commission and Library Board to consider either renaming the Pico Branch Library or Virginia Avenue Park in honor of Lloyd Allen and report back in 60 days. The amendment was friendly to the maker and seconder. The motion was unanimously approved by voice vote, with Councilmember Parra absent. HOME OWNERSHIP 16.D. Request of Councilmembers Torosis and Parra and Mayor Pro Tem Negrete that Council direct the City Manager and City Attorney evaluate and develop recommendations for Council action to regulate fractional ownership of single-family homes and residential condominiums. These recommendations should also include a review of best practices from similarly situated jurisdictions, was presented. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Parra absent. SANTA MONICA HIGH SCHOOL AND ASSOCIATION OF MEXICAN AMERICAN EDUCATORS 16.E. Request of Councilwoman Parra, Councilman Brock and Councilman de la Torre that the City Council allocate $4,000 in discretionary funds to Santa Monica High School to support their Latina/o graduation, was presented. Councilmember de la Torre made a correction that payment should be made to the non-profit organization “The Association of Mexican American Educators” instead of Santa Monica High School. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to adopt the recommendation with the correct organization. The motion was approved by the following roll call vote: AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember Parra ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:00 a.m. DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8 18 April 11, 2023 ATTEST: APPROVED: Maria Dacanay Gleam Davis Acting City Clerk Mayor DocuSign Envelope ID: 3D119547-AFE4-49E6-A0A2-0A897D1D8DE8