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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. DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 2 February 13, 2024 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: DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 3 February 13, 2024 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: DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 4 February 13, 2024 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. DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 5 February 13, 2024 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 DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 6 February 13, 2024 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 DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 7 February 13, 2024 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 DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 8 February 13, 2024 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: DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A 9 February 13, 2024 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 DocuSign Envelope ID: 111BCF77-A8F5-4217-96DC-07D486E7AF6A