m20240213
1 February 13, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 13, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:34 p.m., on
Tuesday, February 13, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre (arrived at 5:42 p.m.)
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:42 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
Interim City Clerk Nikima S. Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:34 p.m., with all
members present except Councilmembers Torosis and de la
Torre. Councilmember Zwick led the assemblage in the Pledge of
Allegiance.
GENERAL PUBLIC
INPUT:
Councilmembers de la Torre
and Torosis arrived at 5:42
p.m.
Members of the public Jerry Rubin, Stephanie Gebhardt Rath, Chance
Davis, Milana Davis, Kavon Ward, Jill Hawkins, Jayson Gladstone, Harvey
Eder, Zackory Foster, Denise Barton, Taylor Avakian, Robbie Jones, Chase
Sherman, Johnathan Foster, Sherwin Shamoeil, John Medlin, Janet Gollery
McKeithen, Templar Soto, Michael Pitkin, Amy Gottstein, and Kelly Smith
commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
No members of the public commented on closed session items.
Members of the public Denise Barton and Jerry Rubin commented on
special agenda items.
Members of the public Denise Barton and Harvey Eder commented on
consent calendar items.
SPECIAL AGENDA
ITEMS:
3.A. City Manager Report: 1. SMPD 2023 Annual Crime Report
Update; and, 2. Assembly Bill 1287 (Attachment A-Summary and FAQ
on AB 1287), was presented.
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CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 7:54 p.m., to consider
closed sessions and returned at 8:39 p.m., with all members present, to
report the following:
4.A. Public employee performance evaluation - Gov. Code
§54957(b): City Attorney; conference with labor negotiator - Gov.
Code §54957.6: City negotiator: Mayor; unrepresented employee: City
Attorney
The City Attorney advised this matter was heard with no reportable action
taken.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, Interim City Clerk Nikima S. Newsome announced
that Council will receive no compensation for meeting as the
Redevelopment Successor Agency.
CONSENT CALENDAR:
JOINT MEETING WITH
THE REDEVELOPMENT
SUCCESSOR AGENCY
There being a Consent Calendar for the City Council and the
Redevelopment Successor Agency, on order of the Mayor, with consensus
of the Councilmembers, the Council convened to a joint meeting with the
Redevelopment Successor Agency at 8:46 p.m., and the two Consent
Calendars were heard concurrently, with all members present.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Agency/Councilmember Torosis, seconded by
Agency/Councilmember de la Torre, to approve the Consent Calendar,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Agency/Councilmembers de la Torre, Torosis, Davis, Parra,
Zwick, Chair/Mayor Pro Tem Negrete Chair/Mayor Brock
NOES: None
ABSENT: None
GENFARE FARE BOXES 5.A. Award Contract No. 11540 (CCS) to SPX Genfare for Farebox
and Data System Upgrade and Software Maintenance Support, was
approved.
Recommended Action
Staff recommends that the City Council:
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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. Authorize the City Manager or designee to negotiate and execute
Agreement No. 11540 (CCS) with SPX Genfare for cloud-hosted
maintenance and support for a five-year term, an upgrade to software
version 4.0, and activation of the QR code readers so they can be used
to scan mobile or paper tickets in the Genfare fare boxes currently
installed on the Department of Transportation’s fleet of transit buses.
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 $353,087 (which includes a 5% contingency).
TRANSIT MAINTENACE
SHOP TRUCKS
5.B. Authorization of Purchase Order with National Auto Fleet
Group for Replacement of Transit Maintenance Shop Trucks, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302
(Replacement or Reconstruction) of the California Environmental
Quality Act (CEQA) guidelines.
2. Authorize the Procurement Manager to issue a purchase order with
National Auto Fleet Group for the purchase of two Ford F-350 trucks
for the Department of Transportation. 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 $297,613
with future year funding contingent on Council budget approval.
FIRE DEPARTMENT
MUTUAL AID
5.C. Approval of Agreement No. 11541 (CCS) with Los Angeles Fire
Department for Automatic Mutual Aid, 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. Authorize the City Manager to negotiate and execute Agreement No.
11541 (CCS) with the City of Los Angeles Fire Department for
automatic mutual aid for the Santa Monica Fire Department.
CONCESSION
AGREEMENT
5.D. Approval of Modification of Concession Agreement No. 11238
(CCS) for Back on the Beach Café, was approved.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding that the modification is categorically exempt
pursuant to Section 15301 of the California Environmental Quality
Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a First
Modification of Concession Agreement No. 11238 (CCS) to allow
for full alcohol service at Back on the Beach Café subject to
Concessionaire’s procurement of local and state regulatory
approvals.
ELECTIONS CODE 5.E. Second Reading and Adoption of Ordinance No. 2774 (CCS)
entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SECTIONS 11.04.120, 11.04.150,
11.04.171, 11.04.185, AND 11.04.190 OF THE SANTA MONICA
MUNICIPAL CODE RELATED TO ELECTIONS,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
OVERNIGHT PARKING
PERMITS
5.F. Second Reading and Adoption of Ordinance No. 2775 (CCS)
entiled “AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.12.900 TO ADOPT ADDITIONAL RESTRICTIONS ON
OVERNIGHT PARKING PERMITS FOR OVERSIZED VEHICLES
AND AUTHORIZE THE ADOPTION OF ADMINISTRATIVE
REGULATIONS,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
TENANT PROTECTION
LAWS
5.G. Second Reading and Adoption of Ordinance No. 2776 (CCS)
entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 4.36.020, 4.36.030, 4.36.040, 4.36.050, 4.36.060,
4.28.030, 4.56.020, 4.56.040, AND 4.56.050, AND ADDING SECTIONS
4.57.010, 4.57.020, 4.57.030 AND 4.27.090,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
JOINT MEETING WITH
THE REDEVELOPMENT
SUCCESSOR AGENCY
ANNUAL INVESTMENT
POLICY UPDATE
5.H. Annual Investment Policy Update, 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.
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2. Review and approve the City’s revised Investment Policy.
3. Extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2024 through February 28,
2025.
Staff also recommends that the Redevelopment Successor Agency
Governing Board:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exception) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Review and approve the City Investment Policy for Redevelopment
Successor Agency Investments.
3. Extend investment authority to the Treasurer of the Redevelopment
Successor Agency, from March 1, 2024 through February 28, 2025.
MINUTES 5.I. Minutes for Redevelopment Successor Agency Meeting, were
approved.
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the
minutes of the December 12, 2023 meeting.
MINUTES 5.J. Minutes of City Council - Regular and Special Joint Meeting -
Dec 12, 2023, were approved.
MINUTES 5.K. Minutes of City Council - Special Meeting - Dec 19, 2023, were
approved.
ADJOURNMENT OF
JOINT MEETING
On order of the Chair/Mayor, the joint meeting with the Redevelopment
Successor Agency was adjourned at 8:48 p.m., and the regular meeting of
the City Council was reconvened, with all members present.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Alex Aldana, Robert Knight, Kaitlin Drisko, Amy
Green, Ruthann Lehrer, Roger Genser, Carol Lemlein, Pam O’Connor, Jan
Williamson, Miguel Bravo, and Bob Ramirez commented on Item 11.A.
Member of the public Pat commented on Item 16.B.
Members of the public Charles Duncombe, Michael Masucci, Tarrah Von
Lintel, Marisa Caichido, Richard Cohn, Rose Shoshana, Lois Lambert, Ari
Fouse, Jeff Gordon (time donated by Brad Miller), Kyong Boon Oh,
Charles Wright, Jan Williamson commented on Item 16.D.
ORDINANCES:
SENATE BILL 35
10.A. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2777 (CCS) entitled “ AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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SANTA MONICA EXTENDING EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2772 (CCS) AUTHORIZING THE
ESTABLISHMENT, BY RESOLUTION, OF OBJECTIVE DESIGN
STANDARDS FOR QUALIFYING HOUSING PROJECTS THAT
ELECT TO USE THE STREAMLINED, MINISTERIAL APPROVAL
PROCESS ESTABLISHED BY SENATE BILL 35,” was presented.
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. Introduction and adoption of an Emergency Interim Zoning
Ordinance extending Emergency Interim Zoning Ordinance Number
2772(CCS) authorizing Council to establish, by Resolution, objective
design standards for housing projects that qualify for the streamlined,
ministerial approval process established by SB 35 housing projects.
Motion by Councilmember Davis, seconded by Councilmember Torosis, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
CITY HALL MURAL
PROJECT
11.A. Approval of the Reframe: City Hall Mural Project Phase I
Report Recommendations, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review and accept the report’s community recommendations
presented by Meztli Projects (Attachment A)
2. Direct City Staff to begin the implementation phase of the Reframe:
City Hall Mural project, starting with planning for the 9
recommendations included in the report.
Questions asked and answered of staff included how do we ensure that the
new artwork is as prominent as the previous artwork; would the public be
able to view the artwork if it’s located on the second floor; how will the art
be selected; where would the reframing or interpretive panels be located;
could the report be amended to include other artwork within the City;
would it be possible for the new artwork to engage with the previous
artwork; can an innovative approach be taken to the artist/art selection
process; how will indigenous people be engaged in this process; could new
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walls be installed in City Hall to assist with the visuals and create new
space for artwork; and can other spaces around the City be considered for
new artwork.
Considerable discussion ensued on topics including, but not limited to
partnering with the school district to incorporate this reframing into the
curriculum and including a tenth recommendation to consider a restorative
justice approach to repair harm of past actions of the city of Santa Monica
impacting diverse groups from various heritages and cultures.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem
Negrete, to approve the staff recommendation, with the added direction to
add the tenth recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
MARKET MATCH
PROGRAM
16.A. Request of Councilmember Davis and Councilmember de la
Torre that the Council approve Resolution No. 11571 (CCS) of the City
Council of the City of Santa Monica opposing the Governor’s proposed
cut of $33.2 Million from the $35 Million budget for the Market Match
Program and urging the Governor to maintain all safety net programs
including the California Nutrition Incentive Program (CNIP), in the
2024/25 state budget, was presented.
Motion by Councilmember Davis, seconded by Councilmember Zwick, to
approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ABATEMENT OF PUBLIC
NUISANCES
16.B. Request of Councilmember Zwick and Mayor Brock that the
City Manager and City Attorney review the City’s laws and
regulations regarding the abatement of public nuisances, and propose
revisions that include additional definitions of what constitutes a public
nuisance, including but not limited to frequent response and/or Calls
for Service from SMPD to a real property or its adjacent area that are
meaningfully and substantially disproportionate to the average
number for a property of a similar size and character, was presented.
Motion by Mayor Brock, seconded by Councilmember Torosis, to approve
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the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
TRAVEL FUNDS 16.C. Request of Councilmember Davis and Councilmember Torosis
that the City Council authorize use of travel funds to cover the costs
(registration fees and travel expenses) of participating in the Vienna
Social Housing Field Study program from April 14, 2024 - April 20,
2024. Vienna is considered one of the most livable and most
importantly, affordable cities in the world and cities committed to
creating housing opportunities for all are participating in this
program, was presented.
Motion by Councilmember Davis, seconded by Councilmember Torosis, to
approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ECONOMIC SUPPORT
PROGRAM
16.D. Request of Councilmember de la Torre and Councilmember
Zwick that that the City Council direct the City Manager to create an
economic support program to ensure that the Bergamot Station Arts
Center is thriving and continues to be a leading arts and cultural hub.
In developing this financial incentive program for Bergamot, the City
Manager is being asked to consider alternatives such as, but not
limited to, investing in tenant improvements to create smaller spaces
that are more affordable in an effort to attract new tenants and retain
existing tenants, allocating additional City funding to help reduce
property management fees that are currently borne by the tenants,
helping tenants access technical assistance to support business
operations, and, to the extent resources allow, consider limited
economic supports based on demonstrated need for tenants that
receive technical assistance to support and sustain business operations,
was presented.
Motion by Councilmember Davis, seconded by Councilmember Torosis, to
approve the staff recommendation with additional direction to begin the
planning process for the site. The motion was approved by the following
vote:
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AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:26 p.m.
in memory of Richard “Dick” Vasak.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
Interim City Clerk Mayor
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