1 September 12, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 12, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, September 12, 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 Christine Parra
Councilmember Caroline Torosis (Arrived at 5:42 p.m.)
Councilmember Jesse Zwick (Arrived at 5:37 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
Assistant City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmembers Zwick and Torosis. City Manager David White led the assemblage in the Pledge of Allegiance.
AGENDA
MANAGEMENT
Motion by Councilmember Brock, seconded by Councilmember de la Torre to remove item 16.C. from the agenda. Motion passed unanimously with all Councilmembers present except Councilmembers Torosis and Zwick.
GENERAL PUBLIC
INPUT:
(Councilmember Jesse Zwick
arrived at 5:37 p.m.)
(Councilmember Caroline
Torosis arrived at 5:42 p.m.)
Members of the public John Medlin, Ron Ascherman, Jill Hawkins, Jerry Rubin, Michael Pitkin, Aubrey West, and Johnathan Foster commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Ted Winterer, Tom Larmore, Brian O’Neil, Richard Polanco (time donated by Esther Hickman), Maria Loya, Kevin Shenkman, Nicole Faries (time donated by Shari Davis), Ericka Lesley, Joseph Pertel, John Medlin, Debbie Mulvaney, and James Wiggins commented on closed session items.
No members of the public commented on special agenda items. 2 September 12, 2023
No members of the public commented on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS
4.A. Proclamation: Suicide Prevention Month, was presented.
4.B. Proclamation: Hispanic Heritage Month, was presented.
4.C. Commendation: Eda Suh and Gary Rhoades, was presented.
CLOSED SESSIONS
(Councilmember de la Torre
was excused at 9:45 p.m.)
On order of the Mayor, the City Council recessed at 8:10 p.m., to consider closed sessions and returned at 9:59 p.m., with all members present, to report the following:
3.A. Conference with Labor Negotiator - Government Code Section 54957.6. City Negotiator: Mayor Unrepresented Employee: City Clerk Mayor Davis announced that City Clerk Denise Anderson-Warren reported that she will retiring at the end of the year and directed staff to begin the recruitment to fill the impending vacancy.
3.B. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: Santa Monica Place Parking Structure 7, Downtown Santa Monica California; City Negotiator: Melissa Spagnuolo, Community Partnership Manager; Owner of Record: City of Santa Monica; Persons to be negotiated with: Julia Ladd, Jon Stoeckly, Macerich; Under negotiation: Price and Terms of Payment for Billboard License on Parking Structure The City Attorney advised this matter was heard with no reportable action taken.
3.C. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, LASC Case No. BC 616804; California Supreme Court Case No. S26397
The City Attorney advised this matter was heard with no reportable action taken.
SPECIAL AGENDA
ITEMS:
4.D. City Manager's Report - 1) Low-Income E-Bike Voucher Program and 2) Update on Public Safety, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Torosis reported that she traveled to St. Louis, MO to attend the National Local Progress Conference where she met with local elected officials from cities and school boards across the country. She stated that no City funds were expended on the event as the City is not an organizational member of National Local Progress; she did want to report 3 September 12, 2023
out on what information she will be bringing back to Santa Monica including but not limited to leveraging the ability of city attorneys to engage in affirmative litigation to deter bad actors; transitioning power in governing structures that work for more equitable representation; how to ensure equity in municipal bond finance so that when power shifts from local elected officials to bankers and bond attorneys, that officials can ensure that it is representative of the people they represent with alternative financing structures; further amplifying the demands of workers and improving working conditions to enact pro-worker policies in local jurisdictions; community based policing; and exploring the ideas of public utilities, public banks, and public grocery stores.
AGENDA
MANAGEMENT
Motion by Councilmember Brock, seconded by Councilmember Negrete to move item 16.D. to be heard next. Motion passed unanimously with all Councilmembers present.
NOISE REGULATIONS 16.D. Request of Councilmember Brock and Mayor Pro Tem Negrete to give direction to the City Attorney and City Manager to: (1) draft and return with Municipal Code amendments that would limit noise affecting City residents between 9 p.m. and 8 a.m.; (2) request that the City’s state lobbyist continue to advocate and pursue state legislation to enable the City to use sound-activated devices to enforce vehicle noise limits; (3) evaluate the ability to enforce California Vehicle Code 27150 and 27151 and (4) evaluate the costs and ability to deploy soundactivated devices to enforce noise limits on the Promenade, was continued to the 9/26/2023 Council meeting.
Councilmember Brock and Mayor Pro Tem Negrete stated that they were withdrawing item (1) from consideration and only considering items (2), (3), and 4.
Motion by Mayor Davis Councilmember Brock, seconded by
Councilmember Negrete to move item 16.D., as amended, to be heard with the rest of the Councilmember Discussion items. Motion passed unanimously with all Councilmembers present.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
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NOES: None
ABSENT: None
COMPENSATION PLAN
ADMINISTRATOR
SERVICES
5.A. Approval of Professional Services Agreement No. 11480 (CCS) with Nationwide Retirement Solutions, Inc. for Deferred Compensation Plan Administrator 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; and
2. Authorize the City Manager to negotiate and execute an agreement with Nationwide Retirement Solutions, Inc. (Nationwide) for deferred compensation plan administrator services for a period of five years with two additional one-year renewal options. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b).
MINUTES 5.B. Minutes of City Council - Regular and Special Joint Meeting - Jun 27, 2023, were approved.
MINUTES 5.C. Minutes of City Council - Special Meeting - Jul 25, 2023, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Motion by Mayor Davis, seconded Councilmember Zwick to re-open general public input to be heard simultaneously with public input on remaining agenda items. Motion passed unanimously with all Councilmembers present.
Member of the public Ahme Salem commented on 10.E.
Members of the public Michael Pitkin, Denise Barton, Carl Hansen, and Brad Ewing commented on 11.B.
Members of the public Andrew Moss, Bridie Roberts, Elisabeth Koch, Jim Conn, Kristal Romero, Dylan Kupsh, German Martinez, Dora Hernandez, Germana Escobar, Patricia Ibanez, Arturo Huezo, James Brine, Ericka Lesley, Jonah Breslau, Matthew Hom, Heira Ortiz, Beatriz Martinez, Exman Bucio, Kristin Sergant, Ignacia Urrutia, Carl Hansen, Brad Ewing, Jason Mastbaum commented on 16.D./General public input.
Members of the public Denise Barton Carl Hansen, Caro Vilain, Eli Gill, Brad Ewing, Connor Webb, Juan Matute, Jason Mastbaum commented on
16.E.
5 September 12, 2023
CONTINUE PAST 11:00
P.M.
Motion by Councilmember Torosis, seconded by Councilmember Zwick, to continue the meeting past 11. The motion failed by a roll call vote with Councilmembers Zwick, Torosis, and Mayor Davis voting yes, and Councilmembers Parra, Brock, de la Torre, and Mayor Pro Tem Negrete voting no.
Councilmember de la Torre explained his no vote by stating that he felt the meeting could have been handled better and that it was best to call it a night.
ORDINANCES:
FIREARM SALES
10.A. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on City-Owned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City, was continued to the 9/26/2023 Council meeting.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
OPEN CARRY 10.B. Second Reading and Adoption of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers, and Swords in Public Areas, was continued to the 9/26/2023 Council meeting.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
NUISANCE ABATEMENT 10.C. Second Reading and Adoption of an Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property
Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved, was continued to the 9/26/2023 Council meeting.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
SHARED MOBILITY
DEVICE PILOT
PROGRAM
10.D. Introduction and Adoption of an Urgency Ordinance Amending Santa Monica Municipal Code Section 3.22.090 to Extend the Second Shared Mobility Device Pilot Program, was continued to the 9/26/2023 Council meeting.
Recommended Action
Staff recommends that the City Council:
6 September 12, 2023
1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines
2. Introduce and adopt an urgency ordinance amending Santa Monica Municipal Code (SMMC) Section 3.22.090 to extend the term of the Second Shared Mobility Device Pilot Program from September 30, 2023, to a date thirty calendar days after execution of the contract(s) under SMMC Section 3.23 for permanent shared mobility services.
TAXICABS 10.E. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 6.49 on Taxicabs to Transition from Taxicab Franchises to Taxicab Permits, was continued to the 9/26/2023 Council meeting.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading changes to the attached ordinance, SMMC 6.49, Taxicabs, that transition the City from a taxicab franchise program to a permit-based program.
STAFF
ADMINISTRATIVE
ITEMS:
COUNCIL RULES
11.A. Adoption of a Resolution Amending Council Rules of Order and Procedure, was continued to the 9/26/2023 Council meeting.
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. Permanently adopt the public input pilot, previously extended to December 31, 2023, in order to efficiently implement hybrid public input model approved by Council in the 2023-25 biennial budget; and,
3. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure and repealing Resolution No. 11517 (CCS).
AFFORDABLE HOUSING 11.B. Approval of Exclusive Negotiating Agreement with AMCAL Multi-Housing, Inc. and Gen-Land, LLC, was continued to the 9/26/2023 Council meeting.
7 September 12, 2023
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with AMCAL Multi-Housing, Inc. and Gen-Land, LLC, for the development of affordable and market housing on the assemblage site which includes City-owned parcels located adjacent to Expo Terminus Station.
2. 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.
COUNCILMEMBER
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
16.A. Appointment to two seats on the Human Services Commission for terms both ending on 6/30/2026, was continued to the 9/26/2023 Council meeting.
L.A. WEST VECTOR
CONTROL DISTRICT
16.B. Appointment to one L.A. West Vector Control District seat for a term ending on 6/30/2026, was continued to the 9/26/2023 Council meeting.
SB 423 16.C. Request of Councilmember Brock and Councilmember Parra that the City of Santa Monica oppose SB 423 and direct the City Manager to have the City’s State lobbyist take all action necessary to advocate on the City’s behalf, was removed from the agenda.
NOISE REGULATIONS 16.D. Request of Councilmember Brock and Mayor Pro Tem Negrete to give direction to the City Attorney and City Manager to: (1) draft and return with Municipal Code amendments that would limit noise affecting City residents between 9 p.m. and 8 a.m.; (2) request that the City’s state lobbyist continue to advocate and pursue state legislation to enable the City to use sound-activated devices to enforce vehicle noise limits; (3) evaluate the ability to enforce California Vehicle Code 27150 and 27151 and (4) evaluate the costs and ability to deploy soundactivated devices to enforce noise limits on the Promenade, was amended to remove section 1 and the remainder of the item was continued to the 9/26/2023 Council meeting.
BIKE LANE SAFETY 16.E. Request of Councilmember Zwick, Councilmember Torosis, and Mayor Davis that the City Manager study and prioritize timely and effective solutions to prevent dangerous motor vehicle incursions into Santa Monica’s protected and unprotected bike lanes. Specifically, the City Manager should consider enhanced enforcement by parking and traffic officers, photo enforcement to the extent allowable by law, a targeted curb management evaluation and space reallocation to reduce double parking in bike lanes, and the deployment of quick-build infrastructure to protect bike lanes and reorient parking on streets in 8 September 12, 2023
the City’s existing and planned protected bikeway network whenever feasible, was continued to the 9/26/2023 Council meeting.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:25 a.m.
ATTEST: APPROVED:
Nikima S. Newsome Gleam Davis
Assistant City Clerk Mayor