1 September 10, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 10, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:36 p.m., on Tuesday, September 10, 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
Councilmember Christine Parra
Councilmember Caroline Torosis (Arrived at 5:39 p.m.)
Councilmember Jesse Zwick (Arrived at 5:38 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present except Councilmembers Zwick and Torosis. Mayor Pro Tem Negrete led the assemblage in the Pledge of Allegiance.
LEVINE ACT
DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
AGENDA
MANAGEMENT
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete to hear the commendations/proclamations prior to general public input and to hear Item 3.D. first. The motion was approved by unanimous voice vote with all Councilmembers present except Councilmember Zwick and Torosis.
GENERAL PUBLIC
INPUT:
Members of the public Bill Francis, Charmaine, Denise Barton, Robbie Staenberg, Abby Custis, Johnathan Foster, and Zoe Muntaner commented on various local issues.
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PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Maria Loya, Anna, Mike Feinstein, Natalya Zernitskaya, and Zoe Muntaner commented on Closed Session Items.
No members of the public commented on Special Agenda Items.
Member of the public Denise Barton commented on Consent Calendar Items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
(Councilmember Zwick
arrived at 5:38 p.m.)
(Councilmember Torosis at
5:39 p.m.)
3.A. Proclamation: Hispanic Heritage Month, was presented.
3.B. Proclamation: Transportation Demand Management (TDM) Week, was presented.
3.C. Proclamation: United Against Hate Week, was presented.
3.D. Commendation: Lares Restaurant, was presented.
3.E. Recognition of Outgoing Boards & Commission Members, was pulled at the request of staff.
3.F. City Manager Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:47 p.m., to consider Closed Sessions and returned at 9:30 p.m., with all members present, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica; LASC Case No. BC616804
The City Attorney advised this matter was heard with no reportable action taken.
4.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Yossi Govrin, et al., v. City of Santa Monica, et al.; LASC Case No. 20STCV43902
The City Attorney advised this matter was heard with no reportable action taken.
4.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Scott Harber v. City of Santa Monica; LASC Case No. 22STCV02016 [report out only]
The City Attorney reported Council approved Settlement Agreement No. 11612 (CCS) in the amount of $2,500,000 for Harber at the June 11, 2024 Council meeting by a vote of 6-0 with Councilmember de la Torre absent Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 3 September 10, 2024
from the meeting.
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.
Motion by Councilmember de la Torre, seconded by Councilmember Davis, 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, Davis, Parra, Zwick Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
FIRE DEPARTMENT
TRAINING SERVICES
5.A. Award Bid to Advanced Problem Solving for LAAFCA Training Delivery Model, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 404 to Advanced Problem Solving, LLC for video and curriculum Training Delivery development services for the Fire Department;
2. Authorize the City Manager to negotiate and execute Agreement No. 11613 (CCS) with Advanced Problem Solving, LLC in an amount not to exceed $1,250,000 for three years, including a $250,000 contingency, with two one-year renewal options totaling $1,400,000, on the same terms and conditions for a total contract amount not to exceed $2,650,000 over a five-year period, with future year funding contingent on Council budget approval and upon the Fire Department securing the associated annual Homeland Security grant funding; and
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.
COMPUTER-AIDED
DISPATCH SYSTEMS
5.B. Approval of First Agreement Modification with Intterra, LLC for Cloud-Based Common Operating Platform to Share Data Across Computer-Aided Dispatch Systems, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first modification to SaaS Agreement No. 11550 (CCS) in the amount of Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 4 September 10, 2024
$154,000 with Intterra, LLC to provide a cloud-based common operating platform to share data across multiple computer-aided dispatch systems across the region for the Los Angeles Area Fire Chief’s Association. This will result in a two-year amended agreement with a new total not to exceed amount of $943,251 and a total compensation not to exceed $2,289,730 should the City exercise its right to extend the agreement for the option term. Future years funding is contingent on Council budget approval and Federal Emergency Management Agency Homeland Security Grants;
2. Authorize budget amendment as outlined in the Financial Impacts & Budget Action section of this report (requires 5 votes); and
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.
POLICE CANINE
RETIREMENT
5.C. Approval of Police Canine Retirement, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the retirement of police service dog, Ford.
2. Authorize Ford be sold to Santa Monica Police Officer Kevin Bacarella 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 Action (CEQA) Guidelines.
PROJECTDOX CLOUD 5.D. Award Contract to Avolve Software Corporation to Upgrade and Migrate ProjectDox to a Cloud Model, 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. 11614 (CCS) with Avolve Software Corporation, to upgrade and migrate ProjectDox software to a cloud model for the Information Services Department. This recommended award is made as an exception to the competitive process pursuant to Section 2.24.250(g) and is for a total amount not to exceed $791,539 (including a $58,634 contingency) for five years, with future year funding contingent on Council budget approval.
OPTICAL NETWORK
INFRASTRUCTURE
5.E. Award Bid to VarData LLC for replacement and support services of the City's optical network infrastructure, was approved.
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Recommended Action
Staff Recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4487 to VarData LLC to provide replacement with care support of the City’s aging optical network infrastructure with a Juniper MPLS routed network for the Information Services Department;
3. Authorize the City Manager to negotiate and execute Agreement No. 11615 (CCS) with VarData LLC, in an amount not to exceed $297,624 (including a $27,057 contingency), for five years, with future year funding contingent on Council budget approval.
STATEMENTS OF
ECONOMIC INTEREST
5.F. Adoption of Resolution No. 11611 (CCS) Repealing Resolution No. 11508 (CCS) and Amending the City’s Conflict of Interest Code to Revise the Designated Positions as Required by California Law to File Statements of Economic Interest, was adopted.
Recommended Action
Staff recommends the Council:
1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
2. Adopt the Resolution amending the City’s Conflict of Interest Code.
CITY STREET SPEED
LIMITS
5.G. Second Reading and Adoption of Ordinance No. 2787 (CCS) Amending Santa Monica Municipal Code Section 3.12.490 to Establish Speed Limits for Certain City Streets Pursuant to the California Vehicle Code, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance
BEACH DUNE
RESTORATION PHASE 3
5.H. Approval of First Modification to Contract No. 10309 (CCS) with The Bay Foundation for Santa Monica Beach Dune Restoration Phase 3, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption pursuant to Section 21080.56 (Statutory Exemption for Restoration Projects) of the California Environmental Quality Act (CEQA) guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to agreement #10309 at no additional cost with The Bay Docusign Envelope ID: 84F58B56-E667-4A45-8841-68FD96A6E9ED 6 September 10, 2024
Foundation for the Santa Monica beach dune restoration Phase 3 (SaMo3) project.
MINUTES 5.I. Approval of City Council Minutes of Jan 23, 2024 5:30 PM, were approved.
MINUTES 5.J. Approval of City Council Minutes of Aug 27, 2024 5:30 PM, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton, Steven Harper, Johnathan Foster, Michael Soloff, Dennis Zane, Jon Katz, and John C. Smith commented on Item 8.A.
CONTINUED ITEMS:
PUBLIC CAMPING
PROHIBITION
8.A. Introduction for First Reading an Ordinance Amending Santa Monica Municipal Code Section 4.08.095 - Prohibition Against Camping in Public Places, was presented.
Recommended Action
Staff recommends that the City Council consider:
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. Introduce for first reading an Ordinance amending Santa Monica Municipal Code section 4.08.095 - Prohibition against camping in public places.
Questions asked and answered of staff included: will this return the ordinance back to the prior; camping vs. sleeping; does the City have a history of arrests for sleeping in public spaces; what happens if someone is found sleeping with a sleeping bag, blanket, and pillow; how does this change in language change anything that is currently in practice; how often do officers arrest or write reports pertaining to encampments; is it unconstitutional for stopping someone from sleeping; does this provide a tool to engage and is this a benefit; does the Santa Monica Police Department lead with compassion; would police be prohibited from engaging if the language does not change; what would be considered an encampment; during the period since Grants Pass was there an influx of people camping or sleeping in public areas; can a person sleeping outside be forced to accept resources to bring them inside; are there resources to assist with transition indoors; has the City pursued partnerships with churches and organizations to provide temporary sleeping facilities; is there a way for police to look out for those considered more vulnerable; and what does coordination with programs who work with the homeless population look like right now.
Considerable discussion ensued on topics including, but not limited to:
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adding tools for police officers to engage with unhoused individuals; reducing homelessness by building more housing; changing this ordinance will not solve the problem of homelessness; fines and charges impeding unhoused persons from receiving resources to find permanent housing; mental health and drug concerns among the unhoused; high usage of engagement assisting in obtaining permanent housing; and addressing the concerns of the residents and business owners.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to adopt the staff recommendation of options 2 and 3, repealing changes made in 2022 to Santa Monica Municipal Code Section 4.05.095, prohibition against camping in public places, to comply with the Ninth Circuit’s Grants Pass ruling; and to give direction to continue to monitor what other cities are doing and return with additional options on this and related issues, which may include, but not be limited to, examination of opportunities for further amendments to the Municipal Code to address use of public spaces as part of the City’s wholistic approach to addressing homelessness. Should Council give direction to return at a future date, future recommendations will necessarily be the result of a collaboration between City staff and the City Attorney’s Office, including Santa Monica Police Department, the Housing and Human Services Division, and the City’s Criminal Unit to provide recommendations on what is feasible given available resources, and may dovetail with the public safety budget discussion in October. The motion was approved by the following vote:
AYES: Councilmembers Parra, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Zwick, Davis, Torosis
ABSENT: None
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis, to continue past 11:00 p.m. The motion was passed by unanimous voice vote with all members present.
GRATUITIES
PROHIBITION
8.B. Introduction for First Reading of an Ordinance Adding Santa Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of Gratuities by Public Officials, was presented.
Recommended Action
Staff recommends that Council:
1. Adopt a finding of categorical exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines
2. Introduce for first reading an Ordinance to add Section 2.32.290 to the Santa Monica Municipal Code prohibiting the acceptance of gratuities by public officials
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Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
Direction from Councilmember Davis that the City Attorney draft and return with an ordinance prohibiting gratuities for elected officials regardless of whether it is in connection with any action taken by Council or not.
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ORDINANCES:
HOTEL WORKER
PROTECTION
10.A. Introduction and First Reading of an Ordinance Amending the City’s Hotel Worker Protection Ordinance, 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);
2. Introduce for first reading an ordinance amending the City’s Hotel Worker Protection Ordinance (HWPO).
Questions asked and answered of staff included: is this similar to an ordinance adopted in the City of Los Angeles; are hotel operators aware of such ordinances; is there any opposition to this particularly from SMTT; do we report to BCBA; does this apply to all hotels (union and non-union); was this brought about as a result of complaints received by the City Attorney’s Office; what are the plans to educate hotel operators about this; how many hotels have adopted a superseding clause through collective bargaining; and why weren’t individual hotel operators met with.
Considerable discussion ensued on topics including, but not limited to including square footage of rooms similar to the City of Los Angeles’ ordinance at second reading and reasoning behind superseding clauses for unions.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, 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 de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock
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NOES: None
ABSENT: None
NEW CONSTRUCTION
ENERGY
PERFORMANCE
10.B. Introduce for First Reading Local Amendment Ordinance to the 2022 California Energy Code for Energy Performance Approach Reach Code for New Construction and Adoption of Resolution, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15308 and a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;
2. Introduce for first reading an ordinance repealing Santa Monica Municipal Code (SMMC) Chapter 8.38 Zero Emission Building Code, amending SMMC Section 8.08.040 to remove reference to the Zero Emission Building Code, and adopting local amendments to the 2022 California Energy Code under SMMC Chapter 8.36 to support improved energy performance in new buildings;
3. Adopt Resolution No. 11612 (CCS) that provides findings of energy and cost savings as required to adopt local amendments to the 2022 California Energy Code; and
4. Direct the City Manager to file the adopted resolution and ordinance with the California Energy Commission following the second reading of the ordinance.
Motion by Councilmember Torosis, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and to adopt the resolution. 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:
SKILLED LABOR
POLICY
11.A. Approve Skilled Labor Policy for Renewable Energy and Electrical Vehicle Supply Equipment Projects, 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.
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2. Approve the proposed Santa Monica Skilled Labor Policy for Renewable Energy and Electrical Vehicle Supply Equipment Projects for the Public Works Department.
Motion by Councilmember Torosis, seconded by Mayor Brock, to adopt 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
COUNCILMEMBER
DISCUSSION ITEMS:
COUNCIL RULES
16.A. Request of Councilmember Davis to direct the City Attorney, City Manager, and City Clerk to prepare an amendment to the Council Rules that will provide that all 16 items must be approved by the City Attorney as legal and the City Manager as feasible (i.e., reasonably possible given available resources) prior to placing an item on the Council agenda. The City Manager, City Attorney and City Clerk are asked to return to the City Council with proposed amended Council rules as soon as possible, was presented.
Considerable discussion ensued on topics including, but not limited to putting items on the agenda that can’t be enacted; adding repetitive items to the agenda that have already been voted on; creating a rule to address repetitive items; ambiguity around feasibility; challenging laws; and putting guardrails on Councilmembers.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to adopt the item with direction to include language addressing repetitive 16 Items being brought forth and to tailor the use of the term feasible as narrowly as possible. 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
RAINBOW REWIND 16.B. Request of Councilmember Davis that the City Council, as part of LGBTQ+ History Month, approve City sponsorship of the Rainbow Rewind: A Queer Prom for Grown Ups on October 18, 2024 in the Santa Monica Pier Carousel Building by directing the City Manager to waive the City’s portion of fees for use of the Pier Carousel Building.
City fees related to Rainbow Rewind include the rental fees associated with the use of the Pier in an amount up to $7,000 in waived fees, was presented.
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Motion by Councilmember Davis, seconded by Mayor Brock, to approve the item. 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
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:41 a.m. in memory of Gavin Andrus, Drazen Blake, and Bob Sullivan.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
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