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m20231114 1 November 14, 2023 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 14, 2023 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:31 p.m., on Tuesday, November 14, 2023, at the City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Gleam Davis Councilmember Phil Brock Councilmember Oscar de la Torre Councilmember Christine Parra Councilmember Caroline Torosis (arrived at 5:40 p.m.) Councilmember Jesse Zwick (arrived at 5:32 p.m.) Present: Mayor Pro Tem Lana Negrete Also Present: City Manager David White City Attorney Douglas Sloan Acting City Clerk Esterlina Lugo CONVENE/PLEDGE Councilmember Zwick arrived at 5:32 p.m. On order of the Mayor, the City Council convened at 5:31 p.m., with Mayor Pro Tem Negrete, Councilmembers Torosis and Zwick absent. Assistant City Manager Susan Cline led the assemblage in the Pledge of Allegiance. GENERAL PUBLIC INPUT: Councilmember Torosis arrived at 5:40 p.m. Members of the public Burr Leonard, Peace Quiet, Rhea Devlugt, Anthony, Sara Lee, William Spotts, Michael Pitkin, Jonathan Foster, Jim Harris, and Jerry Rubin on various local issues. PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: Angela Scott, President of the Santa Monica League of Women Voters, read a resolution on the special agenda item United Against Hate Week. AGENDA MANAGEMENT The Mayor announced that the order of Closed Session and Special Agenda items were listed incorrectly in accordance with the Council rules amended on 9/26. Motion by Mayor Davis, seconded by Councilmember Brock, to hear Special Agenda Items before Closed Session. The motion was unanimously approved by voice vote, with Mayor Pro Tem Negrete absent. DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 2 November 14, 2023 SPECIAL AGENDA ITEMS: PROCLAMATIONS AND CITY MANAGER REPORT 4.A. Proclamation: United Against Hate Week, was presented by the Mayor to Erika Bell, Santa Monica-Malibu PTA Council President. 4.B. Transgender Day of Remembrance, was presented by the Mayor and held a moment of silence. 4.C. City Manager’s Report, was presented. CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:10 p.m., to consider closed sessions and returned at 8:04 p.m., with Mayor Pro Tem Negrete absent, to report the following: 3.A. Public Employee Evaluation – Gov. Code Section 54957(b): Performance evaluation of a public employee; Title: City Manager; Gov. Code Section 54957.6: Conference with labor negotiator; City Negotiator: Mayor; Unrepresented employee: City Manager. The Mayor advised this matter was heard with no reportable action taken. ANNOUNCEMENT The Mayor presented the biography of the featured animal from the Santa Monica Animal Shelter. Tux, a six-year-old Pitbull mix, has been at the shelter since July 20, 2023, and is available for adoption. The Santa Monica Animal Shelter Foundation has instituted a new program that allows sponsorship of an animal which will contribute towards their care. REPORT ON COUNCIL TRAVEL Councilmember Parra traveled to El Salvador and read a joint statement prepared by her and Mayor Pro Tem Negrete regarding their visit in which she reports the following: the country has adopted bitcoin as their national currency; they have rebuilt roads, hospitals, and 980 schools with solar panels; reduced electricity costs made possible by a new dam system that produces energy; and, they are harvesting volcanic energy and utilizing the renewable energy efforts to build workforce opportunities for students. Councilmember de la Torre reported that he traveled to El Salvador where he met will leaders and learned the different measures taken to foster public safety. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 3 November 14, 2023 AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Davis NOES: None ABSENT: Mayor Pro Tem Negrete RECREATION MANAGEMENT SYSTEM 5.A. Award Agreement No. 11496 (CCS) to ACTIVE Network, Inc. for a Recreation Management Software System, 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 #351 to The ACTIVE Network Inc. for Recreation Management Software System for the Recreation and Arts Department. 3. Authorize the City Manager to negotiate and execute Agreement No. 11496 (CCS) with ACTIVE Network, in the amount not-to-exceed $218,265 for the first year, including system enhancements, for an initial term of three years and up to three additional one-year extensions with a not-to-exceed amount of $740,515 over the life of the contract. INDEPENDENT SPIRIT AWARDS AND LA WINE & FOOD FESTIVAL 5.B. Authorization to Enter into License Agreement Nos. 11497 (CCS) and 11498 (CCS) for Independent Spirit Awards and LA Wine & Food Festival, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and 2. Authorize the City Manager to negotiate and execute License Agreement Nos. 11497 (CCS) and 11498 (CCS) with Film Independent (Spirit Awards) and IMG (LA Wine & Food) to use a portion of Lot 1N from February 12, 2024, to March 8, 2024, and again in 2025 during the same time period. SUSTAINABLE TRANSPORTATION PLANNING GRANT 5.C. Adoption of Resolution No. 11561 (CCS) authorizing the City Manager to accept the awarded Sustainable Transportation Planning Grant and execute an agreement with the California Department of Transportation for the Santa Monica Boulevard Safety Enhancement Study, was approved and adopted. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 4 November 14, 2023 1. Adopt a finding of categorical exemption pursuant to Section 15252 of the California Environmental Quality Act Guidelines. 2. Adopt Resolution No. 11561 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO ACCEPT A GRANT AWARDED IN THE AMOUNT OF $522,327, WITH A REQUIRED LOCAL MATCH OF $67,673, FROM THE CALTRANS SUSTAINABLE COMMUNITIES PLANNING GRANT PROGRAM FOR THE SANTA MONICA BOULEVARD SAFETY ENHANCEMENT STUDY, AND TO EXECUTE ALL NECESSARY DOCUMENTS TO ACCEPT THE GRANT AND ALL GRANT RENEWALS.” 3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 4. Authorize and appropriate the required local match of $67,673 from Transportation Impact Fee revenues, for a total project cost of $590,000, as outlined in the Financial Impacts & Budget Actions section of this report. CLASSIFICATION AND COMPENSATION SERVICES 5.D. Award Request for Proposal to CPS Consulting, Koff and Associates, Inc., and Sloan Sakai Yeung & Wong for As-Needed Classification and Compensation 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 #362 to CPS Consulting, Koff and Associates, Inc., and Sloan Sakai Yeung & Wong LLP for classification and compensation services on an as-needed basis for the Human Resources Department; 3. Authorize the City Manager to negotiate and execute Agreement Nos. 11499 (CCS) through 11501 (CCS) with CPS Consulting, Koff and Associates, Inc, and Sloan Sakai Yeung & Wong LLP for classification and compensation services on an as-needed basis, for a total aggregate amount for the three agreements, not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval. ANTISCALANT AND CIP CHEMICALS 5.E. Award Purchase Orders to Avista Technologies as Primary and King Lee Technologies as Backup for Antiscalant and CIP Chemicals, was approved. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 5 November 14, 2023 1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Award Bid #4461 to Avista Technologies Corporation as the primary vendor for the purchase of antiscalant and clean-in-place (CIP) chemicals; and to King Lee Technologies as the secondary vendor for the purchase of CIP chemicals for the Public Works Department. 3. Authorize the Procurement Manager to issue a purchase order with Avista Technologies Corporation for antiscalant and CIP chemicals for a total amount not to exceed $4,205,000 over a five-year period, with future year funding contingent on Council budget approval. 4. Authorize the Procurement Manager to issue a purchase order with King Lee Technologies for CIP chemicals for a total amount not to exceed $1,600,000 over a five-year period, with future year funding contingent on Council budget approval. SALES AND USE TAX AUDIT AND INFORMATION SERVICES 5.F. Award RFP No. 380 and enter into Agreement No. 11502 (CCS) with Hinderliter, de Llamas & Associates to Provide Sales and Use Tax Audit and Information 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 380 to Hinderliter, de Llamas & Associates to provide sales and use tax audit and information services for the Finance Department. 3. Authorize the City Manager to negotiate and execute a Professional Services Agreement No. 11502 (CCS) with Hinderliter, de Llamas & Associates, a California Corporation, in an estimated amount of $516,000 for five years with one three-year renewal option, with future year funding contingent on Council budget approval. POLICE CANINE RETIREMENT 5.G. Approval of Police Canine Retirement, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the retirement of police service dog Arko from Police service. 2. Authorize Arko be sold to Santa Monica Police Officer Louis Marioni for the sum of one dollar. 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 DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 6 November 14, 2023 PUBLIC SAFETY VEHICLES 5.H. Authorize a Purchase Order for the Purchase of Ford Police Interceptor Utility Vehicles for the Police and Fire Departments, 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 Folsom Lake Ford for the purchase of forty-two Ford Interceptor Utility Vehicles for the Police and Fire Departments. 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 $3,175,000 (including a 10% contingency) with future year funding contingent on Council budget approval. MEDICAL BILLING REVIEW SERVICES 5.I. Award Agreement No. 11503 (CCS) to Lien On Me, Inc. for Workers’ Compensation Medical Bill Review 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# 367 to Lien On Me Inc. (Lien On Me) for workers’ compensation medical bill review services for the Finance Department; 3. Authorize the City Manager to negotiate and execute Agreement No. 11503 (CCS) with Lien On Me, in an amount not to exceed $485,000 over a five-year period, with future year funding contingent on Council budget approval. MASTER SERVICES AGREEMENT 5.J. Second reading and adoption of Ordinance No. 2763 (CCS) entitled: “AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2.24.110 AND 2.24.220(G) TO DELEGATE AUTHORITY AND ADJUST AS-NEEDED SERVICES AGREEMENT THRESHOLDS BASED ON CHANGES TO THE CALIFORNIA CONSTRUCTION INDEX,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. CANNABIS 5.K. Second reading and adoption of Interim Zoning Ordinance No. 2764 (CCS) entitled: “AN INTERIM ZONING ORDINANCE OF THE DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 7 November 14, 2023 CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE TO: (1) REPLACE THE TERM “MEDICAL MARIJUANA DISPENSARY” WITH “MEDICINAL CANNABIS RETAILER”; (2) REMOVE CERTAIN REQUIREMENTS FOR MEDICINAL CANNABIS RETAILERS FOR CONSISTENCY WITH STATE LAW; AND (3) PERMIT MEDICINAL CANNABIS RETAILERS TO SELL ADULT-USE CANNABIS OR ADULTUSE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. CANNABIS 5.L. Second reading and adoption of Ordinance No. 2765 (CCS) entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6.203.010 OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW MEDICINAL CANNABIS RETAILERS WITH MEDICINAL CANNABIS PERMITS ISSUED BEFORE OCTOBER 10, 2023 TO DELIVER, CULTIVATE, AND SELL ADULT-USE CANNABIS OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER, SUBJECT TO SANTA MONICA MUNICIPAL CODE SECTION 9.31.185,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. WASTEWATER CAPACITY STUDIES 5.M. Second reading and adoption of Ordinance No. 2766 (CCS) entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW DEVELOPMENTS,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. WATER CAPACITY STUDIES 5.N. Second reading and adoption of Ordinance No. 2767 (CCS) entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE WATER CAPACITY STUDIES FOR NEW DEVELOPMENTS,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. ACCESS AND STREET IMPROVEMENTS 5.O. Second reading and adoption of Ordinance No. 2768 (CCS) entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 8 November 14, 2023 SANTA MONICA REPLACING THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION 7.04.800 IN ITS ENTIRETY AND RENAMING THE SECTION TO “DEDICATION, EASEMENTS AND IMPROVEMENTS OF PUBLIC RIGHT-OF-WAY,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. AFSCME LOCAL 4819 5.P. Adoption of Resolution No. 11562 (CCS) to Accept Tentative Agreement and Authorize Execution of MOU with AFSCME Local 4819, 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 No. 11562 (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 AFSCME LOCAL 4819, MANAGEMENT TEAM ASSOCIATION” (Attachment A) accepting the Tentative Agreement (TA) and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the AFSCME Local 4819, Management Team Association (AFSCME); 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.Q. The minutes of the regular City Council meeting of October 10, 2023, 5:30 p.m., were approved as submitted. COUNCIL MEETING CANCELLATION 5.R. Cancellation of Regular City Council Meeting for January 9, 2024, was approved. Recommended Action Staff recommends that the City Council vote to cancel the regular meetings scheduled for January 9, 2024, due to a lack of a quorum. PUBLIC INPUT ON REMAINING AGENDA ITEMS: Members of the public Michael Pitkin, Ellis Raskin and Denise Barton commented on Item 16.B. Members of the public Jerry Rubin, Natalya Zernitskaya, Sam Shapiro- Kline, Eli Gil, Carl Hansen, Caro Vilain, Austin Washington, Marcie Kravitz (time donated by Kim B.), Ellis Raskin, Kent Strumpell, Denise Barton, Ken, DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 9 November 14, 2023 Paula Cizek, Laura Joy, Sachin Goel, Mario Melgareo and Dr. Kahn commented on Item 16.C. ORDINANCES: FEEDING ANIMALS 10.A. Introduction and First Reading of an Ordinance Modifying Santa Monica Municipal Code Chapter 4.04.390 to Prohibit Feeding Animals or Birds on the Pier and the Beach, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. 2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 4.04.390 in its entirety to clarify specific areas and to restrict feeding animals and birds on the Santa Monica Pier and the beach. Questions asked and answered of staff included if there is a plan to deter the public from feeding birds, aside from the monetary fine, and if there have been any attempts from staff to positively intervene to prevent this from occurring. Additionally, how will the public be made aware of the feeding restrictions. Discussion ensued on addressing the water quality issue without criminalizing bird feeding and offering positive interventions to the public to avoid being subject to penalty fines. In addition to signage postings at the pier and on social media, suggestion to post QR codes providing information to educate the public. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the staff recommendations to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Davis NOES: None ABSENT: Mayor Pro Tem Negrete COUNCILMEMBER DISCUSSION ITEMS: LANDMARKS COMMISSION 16.A. Recommendation to accept Jonathan Kaplan's resignation from the Landmarks Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Davis, seconded by Councilmember Torosis, to accept the resignation with gratitude and authorize the City Clerk to publish the vacancy. DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201 10 November 14, 2023 The motion was unanimously approved by voice vote, with Mayor Pro Tem Negrete absent. CALIFORNIA PROPOSITION 1 16.B. Request of Councilmember Torosis, Councilmember Zwick and Mayor Davis that the City Council support California Proposition 1, was presented. Motion by Councilmember de la Torre, seconded by Councilmember Parra, to support California Proposition 1. The motion was unanimously approved by voice vote, with Mayor Pro Tem Negrete absent. VISION ZERO 16.C. Request of Councilmember Zwick, Councilmember Torosis, and Mayor Davis to strengthen the City’s Vision Zero commitment to eliminate all fatal and severe-injury crashes from Santa Monica’s roads in light of the recent tragic fatal crash involving a cyclist on Idaho Avenue. Santa Monica has made great strides in advancing this ambitious goal, yet more work remains to fully realize the initiative. To that end, the City Council directs the City Manager to work with staff to implement the following initiatives to improve roadway safety through what are commonly referred to as the three E’s of transportation safety: engineering, enforcement, and education, was presented. Motion by Councilmember Parra, seconded by Councilmember Brock, to support the City’s Vision Zero commitment and direct the City Manager to work with staff to implement the three E’s of transportation safety. The motion was unanimously approved by voice vote, with Mayor Pro Tem Negrete absent. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 9:34 p.m. in memory of Tania Mooser, Tom Roszhart and Paul Jamar. ATTEST: APPROVED: Esterlina Lugo Gleam Davis Acting City Clerk Mayor DocuSign Envelope ID: 276CCE22-5546-4B1B-A4E1-5E2211248201