1 May 26, 2020
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 26, 2020
A regular of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, May 26, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/argwbkvz Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present.
CLOSED SESSIONS Members of the public Chris Pecaut, Adriana Yossef, Denise Barton, Jennifer Wolf, Irma Jarro, and Lauralee Ashe commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:50 p.m., to consider closed sessions and returned at 7:34 p.m., with all members present, to report the following:
1.A. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: Eloy Ortiz Oakley, et al., v. Betsy Devos, in her official capacity as the United States Secretary of Education, et al., U.S. District Court for the Northern District of California Case No. 20-cv-03215.
The Interim City Attorney recommended that the Council authorize the city to sign on to Los Angeles County’s amicus brief, supporting the California Attorney General’s request on behalf of a number of Community College 2 May 26, 2020
Districts preliminary injunction precluding the U.S. Department of Education for enforcing eligibility requirements that would exclude undocumented immigrants, DACA recipients, DPS holders and asylum seekers, among others, from receiving aid allocated by the CARES Act for all students, regardless of immigration status.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to join the amicus brief. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Winterer
NOES: None
ABSENT: None
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804, Second District Court of Appeal, Case No. B295935.
The Interim City Attorney advised this matter was heard with no reportable action taken.
1.C. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: HIAS, Inc., et al. v. Donald J.
Trump, in his official capacity as President of the United States, et al., U.S. Fourth Circuit Court of Appeals Case No. 20-1160.
The Interim City Attorney recommended that the Council authorize the city to sign on to an amicus brief, to be filed by a coalition of cities, counties and Mayors, led by the City of Los Angeles, supporting the affirmance in the United States 4
th Circuit Court of Appeals, of a District Courts issuance of a preliminary injunction that bars the Federal Government from enforcing an Executive Order which gives states and is likely counties a veto when it comes to refugee resettlement, eliminating cities from their traditional role in the consultation process as it relates to refugees.
Motion by Councilmember Davis, seconded by Councilmember Morena, to join the amicus brief. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
3 May 26, 2020
1.D. Conference with Labor Negotiator: Government Code Section 54957.6 Agency Designated Representatives: Chief People Officer Lori Gentles and Human Resources Manager Shawn Weiske. Bargaining Units: Administrative Team Associates, California Teamsters Local 911, Confidential Unrepresented Employees Pay Plan, Executive Pay Plan, Municipal Employees Association, Management Team
Associates, Public Attorneys Legal Support Staff Union, Public Attorneys Union, Santa Monica Fire Executive Management Association, Santa Monica Firefighters Local 1109 IAFF, Santa Monica Police Officers Association, Supervisory Team Associates, International Association of Sheet Metal, Air, Rail, and Transportation Workers, Transportation Division Local 1785 (SMART TD).
The Interim City Attorney advised this matter was heard with no reportable action taken.
SPECIAL AGENDA
ITEMS:
2.A. Commendation: 126 City Employees, was presented.
2.B. Commendation: Katie E. Lichtig, Assistant City
Manager/Chief Operating Officer, was presented.
2.C. City Manager's Report: Economic Recovery Update, was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Members of the public Denise Barton commented on various Consent Calendar items.
At the request of Councilmembers Morena and Jara, Item 3.A and Councilmember Morena, Item 3.C were removed from the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve the Consent Calendar except for Items 3.A and
3.C, reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
4 May 26, 2020
AFFORDABLE HOUSING 3.B. Affordable Housing Funding Opportunities from the State, was approved.
Recommended Action
Staff recommends that the City Council adopt the Resolution Nos. 11248 (CCS) through 11250 (CCS):
1. Authorizing and adopting the 302(c)(4) plan for the Permanent Local Housing Allocation Program for Funding Allocation Years 2019-2023 (Attachment A); and
2. Authorizing the submission of an application for Permanent Local , Allocation Program Funding (Attachment B); and
3. Authorizing the submission of an application for Local Housing Trust Fund Program Matching Grant Funding (Attachment C).
EMPLOYEE
REINSTATEMENT
3.D. Adoption of Resolution No. 11252 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA GRANTING AN ADDITIONAL ONE-YEAR
REINSTATEMENT PERIOD TO EMPLOYEES LAID OFF AS A
RESULT OF THE RESTRUCTURING OF CITY OPERATIONS
CAUSED BY THE IMPACTS OF COVID-19”, was adopted.
Recommended Action
Staff recommends that Council adopt the proposed resolution recognizing a two-year reinstatement period (increasing by one additional year the reinstatement period set forth in the City Charter) for employees who are laid off as a result of the restructuring of the City’s workforce caused by the impacts of the COVID-19 pandemic.
OUTPLACEMENT AND
TRANSITIONING
SERVICES
3.E. Authorization to enter into Agreement Nos. 11047 (CCS) and 11048 (CCS) with Right Management Corporation and with BetterUP Outplacement and Transitioning Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute an agreement with Right Management Corporation for professional outplacement and transitioning services for the Human Resources Department.
This recommendation is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a total amount not to exceed $300,000, with future year funding contingent on Council budget approval.
2. Authorize the City Manager to negotiate and execute an agreement with BetterUp for professional coaching services for the Human Resources Department. This recommendation is made as an 5 May 26, 2020
exception to the competitive bidding process pursuant to Section
2.24.250 (g) and is for a total amount not to exceed $125,000, with future year funding contingent on Council budget approval.
3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.
1550 BEACH PARKING
LOT
Councilmember Morena
excused at 8:32 p.m.
3.A. Award Request for Proposal and enter into Agreement No. 11046 (CCS) with Film Independent for the Independent Spirit Awards, was presented.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 249 to Film Independent to use a portion of the 1550 Beach Parking Lot for the Independent Spirit Awards from February 17, 2021 to March 4, 2021, and to return on tentative dates of February 16 to March 3, 2022 and February 15 to March 2, 2023
2. Authorize the City Manager to negotiate and execute a license Agreement with Film Independent for a three -year term. The annual rental for each of the three occupations is approximately $104,000.
Councilmember Morena recused himself from this item because the Spirit Awards are adjacent to the Pier, and to avoid any potential appearance of conflict of interest because his family owns a restaurant on the Pier.
Pulled by Councilmember Jara to ask questions of staff including, what type of revenue would it be for the businesses at the Pier. How much revenue does it mean for those businesses who close down for this event.
Motion by Councilmember Davis, seconded by Councilmember Jara, to approve the recommended action. The motion was approved by the following vote:
AYES: Councilmembers Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
COVID-19 EMERGENCY 3.C. Adoption of Resolution No. 11251 (CCS) entitled “AN
EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF
EXISTENCE OF LOCAL EMERGENCY AND SUPPLEMENTAL
PROCLAMATIONS THERETO”, was presented.
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the 6 May 26, 2020
Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order.
Councilmember Morena recused himself to avoid any potential appearance of conflict of interest because his family owns a restaurant on the Pier.
Motion by Councilmember Davis, seconded by Councilmember Jara, to adopt the resolution by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
ORDINANCES:
AFFORDABLE HOUSING
Councilmember Morena
returned at 8:38 p.m.
7.A. Second Reading and Adoption of Ordinance No. 2638 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.53.130 TO EXCLUDE ONE HUNDRED PERCENT
AFFORDABLE HOUSING PROJECTS FROM TRANSPORTATION
ALLOWANCE REQUIREMENTS”, was adopted.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SHARED MOBILITY 7.B. Second Reading and Adoption of Ordinance No. 2639 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.21.090 TO EXTEND THE TERM OF THE FIRST SHARED MOBILITY DEVICE PILOT PROGRAM TO APRIL 30, 2021, AND
AMEND SANTA MONICA MUNICIPAL CODE SECTION 3.22.090 TO
CHANGE THE START DATE OF THE SECOND SHARED MOBILITY
DEVICE PILOT PROGRAM TO MAY 1, 2021”, was adopted.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance. 7 May 26, 2020
Motion by Councilmember Jara, seconded by Councilmember Winterer, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
CITY RESTRUCTURING
8.A. An Update on City Restructuring and Council Authorization to Restore Priority Programs, was presented.
Recommended Action
Staff recommends that Council:
1. Provide direction to staff on proposals to restore priority services not included in the May 5, 2020 restructuring plan;
2. Provide direction to staff on proposal to allocate CDBG entitlement and COVID-19-related funds; and
3. Provide direction to staff on the updated Community Services Pricing Policy on Fees.
Members of the public Ann Hoover, Katie Hoover, Karen Mulick, Leila Tasmini, Denise Barton, Margurita Garcia, Angela Scott, Carole Lemlein, and Ericka Lesley spoke to the recommended action.
Questions asked and answered of staff included: with regard to the Playground Access, was it correct that this was a recommendation from Presidium, and what does that mean; is it correct that an adult is not required to sign out a child in the Playground Access; is the city provided afterschool playground programs different than the Playground Access program; is it correct that the as-needed employees are only needed for onboarding the Preserving Our Diversity (POD) program, but staffing won’t be needed beyond and for maintenance; is there any talk about qualifying people for the POD program, in order to streamline the onboarding; when will the fee study be completed; how does a community partner with the city go about finding funding out there to replace losing funds; does the branding for the Economic Recovery and the branding with the Arts get connected; is there someone on city staff to assist businesses through the Sustainability efforts; how does it work keeping a Crossing guard Coordinator, but no crossing guards, and how does that play out for safety; does this proposal continue the food pantry at Virginia Avenue Park; has there been any discussion about the multiple efforts amongst the School, College and City to make sure that as much effort is being put forth; for community block grants, who would Administrator this effort, and is the city ready to take on the large number of residents; do we have another 8 May 26, 2020
partner who could work more with our most vulnerable population besides Legal Aid; in youth related programs, is there any possibility to consider any grants; if fees are increased, and families don’t qualify for any assistance after the increase, how will those families be assisted; can we give the public any idea when the city will be able to address the Crossing guard question; if we must eliminate the Architectural Review Board (ARB), when will we get back the proposals for most cost effective design review and when are we going to get back the proposal to reduce the overhead on the Landmarks Commission; will staff come back to Council to decide fees; do we look at private vendors for fees; full cost recovery, or subsidy; and, how is the sliding scale going to work with subsidies as part of the fees.
Motion by Councilmember Winterer, seconded by Councilmember Davis, to provide direction to staff on proposals to restore priority services not included in the May 5, 2020 restructuring plan. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Morena, to provide direction to staff on proposal to allocate CDBG entitlement and COVID-19-related funds. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Jara, seconded by Councilmember Davis, to provide direction to staff on the updated Community Services Pricing Policy on Fees to look at a cost-of-living (COLA) adjustment for this year and initiative a fee study for next year. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
STREETLIGHT
13.A. Request of Mayor Pro Tem O’Day that, in light of a majority of the residents affected now opposing the 9th Street Streetlight Assessment District, Council direct staff to prepare for Council 9 May 26, 2020
ASSESSMENT approval a resolution rescinding Council’s prior authorization, as stated in Resolution 11213 (CCS) adopted November 12, 2019, to pay 50% of the costs of the proposed streetlighting, was presented.
Questions asked and answered of staff included: legally, can we do this:
how do we know that over half of the people don’t want the assessment; are these new people who have rescinded or did the original signers change their minds; do we know why there was a change of mind; and, could the residents bring back another petition and get it passed.
There was no public comment on this item.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC INPUT: Member of the public Bob Adams commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:56 p.m. in memory of the 14 Santa Monicans who have died as a result of the coronavirus pandemic.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor