1 October 22, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 22, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:35 p.m., on Tuesday, October 22, 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 5:38 p.m.)
Councilmember Jesse Zwick (Arrived at 5:53 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 5:35 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.
Councilmember de la Torre announced that he would be recusing himself from Item 5.E. pursuant to the Levine Act.
AGENDA
MANAGEMENT
(Councilmember Torosis
arrived at 5:38 p.m.)
At the request of staff, Item 9.A. was withdrawn from the agenda.
Motion by Councilmember Davis, seconded by Councilmember Parra to hear Special Agenda Items prior to hearing general public input. Motion was approved by voice vote with Councilmember Zwick absent.
PUBLIC INPUT FOR Members of the public Ava Roker, Milly Garcia, Ashley Hernandez, Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 2 October 22, 2024
GENERAL PUBLIC
COMMENT:
Rebecca Terlizzi, Cristina Coria, Canella Welch, Jerry Rubin, Kevin McKeown, Denise Barton, Jason Mastbaum, John Berry, Eve Lopez, Wade Kelley, Harvey Eder, Johnathan Foster, Laurene von Klan and Joe commented on various local issues.
Per ADA accommodations, David Whatley spoke on items 1, 16.A. and
16.B.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
No members of the public commented on Closed Session items and Special Agenda items.
Members of the public Ken Kutcher and Denise Barton commented on Consent Calendar items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
(Councilmember Zwick
arrived at 5:53 p.m.)
3.A. Commendation: Stephanie Inouye, Trevor Nichols & Jeff Jarow, was presented.
3.B. Commendation: Ye Olde King's Head, was presented.
3.C. Commendation: Cirque du Soleil, was presented.
3.D. City Manager Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:50 p.m., to consider Closed Sessions and returned at 7:44 p.m., with all members present, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Lucinda Manera v. City of Santa Monica; LASC Case No. 21STCV43159
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): Elroy W. McCrary, Jr. v. City of Santa Monica, et al.; LASC Case No. 23SMCV03343
The City Attorney advised this matter was heard with no reportable action taken.
4.C. Conference with real estate negotiator - Gov. Code § 54956.8:
properties: 1030 Olympic Blvd and 1713 11th Street; owner of record:
BB LAND Company; City Negotiators: Heather Averick, Director of Housing and Human Services, and Natalie Verlinich, Housing Manager; owner negotiators: Diane Cabo, Broker for Seller; under negotiation:
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 3 October 22, 2024
price and terms of payment for sale or option
The City Attorney advised this matter was heard with no reportable action taken.
REPORT ON COUNCIL
TRAVEL
Mayor Brock and Councilmember de la Torre reported that they traveled to Long Beach, California for the League of Cities conference.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Pursuant to the Levine Act, Item 5.E. was removed from the Consent Calendar as Councilmember de la Torre recused from Item 5.E.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to approve the Consent Calendar except for Item 5.E, 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
MILLS ACT 5.A. Adoption of Resolution Nos. 11625 through 11628 (CCS) Approving Historic Property Preservation Agreements (Mills Act Contracts), was adopted.
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of categorical exemption pursuant to Section 15331 of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt the Resolution Nos. 11625 through 11628 (CCS) authorizing the City Manager to execute Historic Property Preservation Agreement (Mills Act Contract) 11635-11638 (CCS) between the City of Santa Monica and the owners of City-designated historic resources located at: 518 Adelaide Drive, 1401 Palisades Beach Road, 1132 Princeton Street, and 1138 Princeton Street.
ANTISCALANTS AND
CLEANING CHEMICALS
5.B. Award American Water Chemicals, Inc. a Purchase Order for Water Treatment Antiscalants and Cleaning Chemicals, was approved.
Recommended Action
Staff recommends that the City Council:
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 4 October 22, 2024
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the Procurement Manager to issue a purchase order with American Water Chemicals, Inc. to provide antiscalant and cleaning chemicals at the Arcadia Water Treatment Plant for the Public Works Department – Water Resources Division. The 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 $2,920,000 over a five-year period with future year funding contingent on Council budget approval.
ADOBE SUBSCRIPTION
LICENSES
5.C. Award Purchase Order to Allied Network Solutions, Inc. for Adobe Software Subscription Licenses, 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 Procurement Manager to issue a purchase order with Allied Network Solutions, Inc. (ANS) for Adobe Software subscription licenses for the Information Services Department. 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 $446,895 over a three-year period (including a $58,293 contingency) with future year funding contingent on Council budget approval.
PURCHASE OF
EQUIPMENT
5.D. Award Purchase Orders for Sweeper and Electric Rear Loader, 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 Municipal Maintenance Equipment (“MME”), a California-based company, for the purchase of one Ravo Diesel R5-iSeries sweeper for the Public Works Department, Beach Maintenance Division. 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 $401,378;
3. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Center, LLC, a California-based company (“Los Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 5 October 22, 2024
Angeles Truck Center”), for the purchase of one battery electric (“BEV”) Rear Loader Truck for the Public Works Department, Resource Recovery and Recycling Division. 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 $771,767; and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
MINUTES 5.F. Approval of Minutes of City Council - Special Meeting - Oct 8, 2024, were approved.
MINUTES 5.G. Approval of Minutes of City Council - Regular Meeting - Oct 8, 2024, were approved.
MINUTES 5.H. Approval of Minutes of City Council - Regular Meeting - Mar 19, 2024, were approved.
GRANT FUNDS 5.I. Adoption of Resolution No. 11629 (CCS) Authorizing Receipt of State of California Proposition 47 Grant Funds and Authorization of City Manager to Execute All Necessary Associated Documents, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption) and 15303 (New Construction and Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt attached Resolution No. 11629 (CCS) authorizing the City Manager to submit an application to the State of California, Board of State and Community Corrections (BSCC) in the amount of $7,926,172 for the SaMo Bridge diversion program; and authorizing the City Manager to accept the grant, execute the grant agreement, and execute other necessary documents.
3. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report. (requires 5 votes)
ADVERTISING KIOSK
PROGRAM
(Councilmember de la Torre
recused at 7:51 p.m.)
5.E. Approval of Implementation of Phase 2 of the Digital Wayfinding and Out-of-Home Advertising Kiosk Program, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15311 (Accessory Structures) of the California Environmental Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 6 October 22, 2024
Quality Act (CEQA) Guidelines in accordance with the
Environmental Review section of this report; and
2. Authorize deployment of Phase 2 of the digital wayfinding and outof-home advertising kiosk network.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to approve the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
(Councilmember de la Torre
returned at 7:52 p.m.)
Members of the public Denise Barton, Myca Tran, and Harvey Eder commented on Item 10.A.
Member of the public Harvey Eder commented on Item 14.A.
Member of the public David Whatley commented on Item 16.A.
Members of the public David Whatley, Jason Mastbaum, Jon Katz, Targeted Parent (time donated by Ericka Lesley), Harvey Eder, Johnathan Foster, and Tricia Crane commented on Item 16.B.
Members of the public Jon Katz spoke on Item 16.C.
Members of the public Jason Mastbaum, Jon Katz, Carolyn Hooks, commented on Item 16.D.
Member of the public Carolyn Hooks commented on Item 16.E.
CONTINUED ITEMS:
COUNCIL RULES
8.A. Adoption of Resolution No. 11630 (CCS) Amending the Council Rules of Procedure Regarding Councilmember Discussion Items (16 items) (Continued from 10/08/2024), was presented.
Recommended Action
Staff recommends the City Council:
1. Adopt Resolution No. 11630 (CCS) amending the Council Rules of Procedure regarding Councilmember Discussion Items (16 items); and
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.
The Council had no questions or comments for staff.
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 7 October 22, 2024
Motion by Councilmember Davis, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, de la Torre, Torosis, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
8.B. Request by Mayor Phil Brock, Vice-Mayor Lana Negrete, and Councilmember Oscar de la Torre that the City Council endorse Proposition 36 on the November 2024 statewide ballot. Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others they can be charged with murder if they keep doing so and someone dies. (Attachments include the full text of the ballot measure and an analysis by the Legislative Analyst’s Office-The CA Legislature’s Nonpartisan Fiscal and Policy Advisor) (Continued from 10/08/2024), was presented.
Considerable discussion ensued on topics including, but not limited to:
concerns about rising retail theft and its impact on small businesses and large retailers; whether Prop 36 would reduce crime or simply increase incarceration; potential cost implications, including billions in added state expenses and loss of funding for Prop 47 programs such as mental health, housing, and school initiatives; recent legislative actions addressing retail theft and whether Prop 36 duplicates or undermines those efforts; and equity concerns about harsher penalties disproportionately affecting marginalized communities.
Motion by Mayor Pro Tem Negrete, seconded by Mayor Brock, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Parra, Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Torosis, Davis, Zwick
ABSENT: None
Councilmember Davis explained the reason for her no vote is due to her belief that this measure will increase mass incarceration particularly of members of marginalized communities.
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 8 October 22, 2024
(Councilmember Torosis was
excused at 9:20 p.m.)
(Councilmember Torosis
returned at 9:23 p.m.)
8.C. Request by Councilmember Davis to direct the City Attorney to prepare and return at the next meeting with an ordinance that would prohibit gifts to Councilmembers, using definitions of gifts and exceptions in the California Political Reform Act, and adding an exception for entry and meals when attending events in an official City capacity. (Continued from 10/08/2024), was presented.
Considerable discussion ensued on topics including, but not limited to:
whether existing state law already provides adequate safeguards; concerns about criminalizing minor items and the potential for enforcement to result in misdemeanor charges; cultural and practical challenges for council members meeting constituents over meals; questions about exceptions for conferences and nonprofit events; and whether the ordinance would duplicate state law or create unnecessary administrative burdens.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the item as written.
Councilmember Davis proposed a friendly amendment that the City Attorney modify the language to add a $50 threshold so gifts under that amount not be prohibited. The amendment was not considered friendly by the maker and seconder.
The main motion failed by the following vote:
AYES: Councilmembers Zwick, Davis
NOES: Councilmembers Parra, Torosis, Mayor Pro Tem Negrete ABSTAIN: Councilmember de la Torre, Mayor Brock
ABSENT: None
ACCESSORY DWELLING
UNIT (ADU) MAXIMUM
SQUARE FOOTAGE
8.D. Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law. (Continued from 10/08/2024), was presented.
Councilmember Parra proposed an amendment to the staff recommendation to add additional language to the item, reading as follows: Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law without regard to lot size specifying that only the new structure must meet all required setbacks.
Considerable discussion ensued on topics including, but not limited to whether current zoning already limits ADUs based on lot size.
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 9 October 22, 2024
Councilmember Zwick proposed another amendment to consider a program to allow a second ADU if owner agreed to rent out to the unit on a 30-day basis.
Staff informed Council of an existing program under the Housing Element, and the amendment was withdrawn.
Motion by Mayor Brock, seconded by Councilmember Torosis, to approve the item, as amended. The motion was approved by unanimous voice vote with all members present.
(Councilmember de la Torre
left the dais at 9:56 p.m.)
8.E. Request by Councilmember Christine Parra and Vice Mayor Lana Negrete that the City Council consider providing additional support for the 4th Annual Westside Unity Classic Car Show presented by Pico Youth & Family Center (PYFC) that took place on the pier on September 14, 2024 by directing the City Manager to retroactively waive the City’s portion of fees for use of the pier parking lot for PYFC.
Waived City fees related to the Westside Unity Classic Car Show include the parking lot buy-out fee in an amount up to $11,880. (Continued from 10/08/2024), was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
(Councilmember de la Torre
returned to the dais at 9:58
p.m.)
8.F. Request of Councilmembers Davis and Zwick that the City Attorney and City Manager review and analyze SB 969, which recently was signed by Governor Newsom, and with due speed take all necessary steps and draft all necessary ordinances and policies that would allow the establishment of an entertainment zone (as that term is defined in SB 969) on the Third Street Promenade in Downtown Santa Monica. (Continued from 10/08/2024), was presented.
Considerable discussion ensued on topics including, but not limited to:
whether the entertainment zone would be for special events or year-round; how it would be supervised and the cost of extra policing; existing safety concerns on The Promenade; potential benefits for revitalizing downtown and attracting visitors; concerns about impacts on retail and public safety; and the need for clear regulations and coordination with City Departments before implementation.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis, to Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 10 October 22, 2024
approve the item. The motion was approved by unanimous voice vote with all members present.
LANDMARKS
COMMISSION
8.G. Annual Appointments to the following Boards and Commissions:
(Continued from 10/08/2024), was presented.
Board/Commission Number
of Appts
Term
End Date
Requirements
Landmarks
Commission 1 6/30/2028 Reside in Santa Monica and Licensed Architect On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Jack Hillbrand.
Councilmember Davis nominated Neal Payton.
Jack Hillbrand was appointed by the following vote:
Hillbrand: Councilmember Parra, de la Torre, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
Payton: Councilmembers Zwick, Davis
Councilmembers Davis and Zwick changed their votes to Jack Hillbrand, thereby appointing Jack Hillbrand unanimously to the Landmarks Commission.
CLEAN BEACHES &
OCEAN PARCEL TAX
CITIZENS OVERSIGH
COMMITTEE
8.H. Appointment to one unscheduled vacancy on the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee for a term ending on June 30, 2025. (Continued from 10/08/2024), was presented.
Board/Commission Number
of
Appts
Term
End Date
Requirements
Clean Beaches &
Ocean Parcel Tax
Advisory Committee
1 6/30/2028 Reside in Santa Monica
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Richard Melohn.
Richard Melohn was appointed unanimously by acclamation to the Clean Beaches & Ocean Parcel Tax Advisory Committee, with all members present.
ADMINISTRATIVE 9.A. Appeal of Landmark Commission Decision to Designate the Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 11 October 22, 2024
PROCEEDINGS:
LANDMARK
DESIGNATION
Compass Rose Located North of and Adjacent to Runway 3 at Santa Monica Airport as a City Landmark, was withdrawn at the request of staff.
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. Deny Appeal 19ENT-0353 appeal of the Landmark Commission’s decision to designate the Compass Rose located north of and adjacent to Runway 3 at Santa Monica Airport as a City Landmark; and;
3. Approve Designation Application 19ENT-0353 to designate the Compass Rose as a City Landmark based on the findings provided in this staff report; and
4. Adopt the Statement of Official Action.
ORDINANCES:
ECONOMIC RECOVERY
10.A. Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery by Increasing Flexibility and Streamlined Approvals in the Downtown and Establishing a Pilot Program for Exclusively Outdoor Commercial Uses in the Office Campus District and Introduction and Adoption of an Emergency Ordinance 2793 (CCS) Amending the Sign Code to Increase Flexibility for Signage in the Bayside Conservation District and the Third Street Promenade Area, was introduced.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities, 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduction for first reading an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance Number 2754 (CCS) and Amended and Extended by Interim Zoning Ordinance Number 2761 (CCS) to Promote
Economic Recovery by Increasing Flexibility in the City’s Downtown Area, Establishing a Pilot Program to Allow Exclusively Commercial Outdoor Uses in the Office Campus District, and Providing Other Minor and Clerical Amendments.
3. Introduction and Adoption of Emergency Ordinance No. 2793 (CCS) Amending Santa Monica Municipal Code Chapter 9.61: Signs to Increase Flexibility for Signage in the Bayside Conservation District and Third Street Promenade Area, and Make other Minor Changes to Promote Economic Recovery, Public Safety and Welfare.
Questions asked and answered of staff included: how is the City thinking Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 12 October 22, 2024
about a broader digital signage program; is there a process in place for people to bring forward projects with digital signage; would staff be open to taking direction to return with information regarding the potential for large-scale off-premises digital advertising under the 3rd Street Promenade Program; would signage extend into alleys and what would the light impact be on alleys; will staff also revise the approval process for efficiency; with proposals not needing approval by the Architectural Review Board, does staff anticipate a quicker approval process; what is the current approval process and are applicants able to view their current status online; and does the new permit system mirror that of other cities and when is the anticipated launch.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the Interim Zoning ordinance, reading by title only and waiving further reading thereof, and adopt the emergency ordinance. 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
RESOLUTIONS:
ADMINISTRATIVE
INSTRUCTIONS
(Recess taken at 10:42 p.m.)
(Returned at 10:51 p.m.)
14.A. Adoption of Resolution No. 11631 (CCS) Applying to Councilmembers Laws Applicable to City Employees and Council Appointees, was presented.
Recommended Action
Staff recommends the City Council:
1. Adopt Resolution No. 11631 (CCS) Adopting Administrative Instruction Nos. III-2-3 Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy and Complaint Procedure; III-2-4, Violence in the Workplace; III-2-6, Code of Ethics, Council Rules, and Certain Other Laws, to be Applicable to City Councilmembers and Providing for Processes for Investigating and Resolving Alleged Violations;
2. Discussion and Consideration of Formation of an Ethics Commission; 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.
Questions asked and answered of staff included whether establishing a truly independent Ethics Commission would require Charter Reform and options for ensuring independence from Council; how behaviors like gaslighting and bullying fit within current policies; and if the City has a restorative justice approach when mediating conflicts between employees.
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 13 October 22, 2024
Considerable discussion ensued on topics including, but not limited to the importance of diversity, equity, and inclusion (DEI) training and bringing forward training and education to Council; and concerns about funding for any future investigations and new bodies.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, 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
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to continue past 11:00 p.m. The motion was approved by voice vote with all members present.
COUNCILMEMBER
DISCUSSION ITEMS:
COUNCIL
DISCRETIONARY FUNDS
16.A. Request by Councilmember Oscar de la Torre that the City Council consider allocating $10,000 from the Council Discretionary funds to the Association of Mexican American Educators (AMAE) in support of the Santa Monica High School student group Legado Latino.
This funding will provide scholarships and support culturally relevant programming that promotes academic excellence while honoring and celebrating the students’ vibrant cultural heritage, was presented.
Motion by Councilmember Parra to approve the recommendation but to reduce the proposed allocation of $10,000 to $5,000.
Considerable discussion ensued on topics including, but not limited to concerns about setting a precedent for funding Santa Monica High School clubs and how discretionary dollars are allocated; whether funding decisions are first-come, first-served and the need for a clearer process; if the proposed $5,000 funding was approved, would any funds remain; questions about other community events seeking support and the limits of available funding; clarification on whether the requested funds relate to previously allocated amounts for Latino graduation events or separate activities; and discussion about creating a standardized form for future discretionary funding requests.
Motion by Councilmember Parra, seconded by Mayor Brock, to approve the recommendation as amended. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock
Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 14 October 22, 2024
NOES: None
ABSENT: None
COMBATING HATE 16.B. Request by Councilmember Oscar de la Torre that the City Council, which stands united against hate, racism, religious intolerance, Islamophobia, and antisemitism, consider 1) directing the City Manager to discuss with the Superintendent of the Santa Monica-Malibu Unified School District (SMMUSD) the use of the 1991 Hate Crime letter as a tool to create awareness and educate young people on the impact of hate crimes; and 2) allocate $2,500 from Council Discretionary Funds to sponsor the '2024 Mayors Summit Against Antisemitism: Directing Change from City Hall' conference, hosted by the Combat Antisemitism Movement (CAM), a project of the Combat Antisemitism Foundation, and the U.S. Conference of Mayors. The event, chaired by Beverly Hills Mayor Lester Friedman, will take place in Beverly Hills from December 11 to 13, 2024, at the Wallis Annenberg Center for the Performing Arts and the Beverly Wilshire Hotel. The summit will unite leaders, policymakers, and advocates from across the United States and Canada in a collective effort to combat antisemitism and promote a society of tolerance and respect. Antisemitism is an urgent and growing threat that endangers not only Jewish communities but also the fundamental values of our diverse and democratic society. City mayors and city council members have a unique ability to proactively confront Jew-hatred at the local level, where it is most acutely felt. More information contact the 2024 Mayors Summit Against Antisemitism at
https://mayors.combatantisemitism.org/summit (register to attend, donations/sponsorship, schedule of events) and the US Conference of Mayors website (hosting organization) at
https://www.usmayors.org/programs/mayors-and-business-leaderscenter-for-compassionate-and-equitable-cities/combatingantisemitism/, was presented.
For the record, Mayor Brock clarified that the U.S. Conference of Mayors was not a sponsor of the '2024 Mayors Summit Against Antisemitism event.
Considerable discussion ensued on topics including, but not limited to whether to bifurcate the item into two parts—support for an anti-Semitism conference and discussion of the 1991 hate letter; concerns about allocating discretionary funds for a conference that does not require financial support; the importance of condemning anti-Semitism and exploring non-monetary ways to show support; whether the City should engage with the School District on using the 1991 hate crime letter as an educational tool; the case’s unsolved status and ideas such as offering a reward or leveraging it for awareness; suggestions to incorporate restorative and educational approaches; concerns with funding a conference hosted by the Combat Antisemitism Movement; and clarification of the Council’s prior 2021 Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 15 October 22, 2024
decision regarding the 1991 hate crime letter and whether the City should engage with the School District on using the letter as an educational tool or go directly to the School Board.
Motion by Councilmember Torosis, seconded by Mayor Brock, to: reaffirm the City is united against hate, racism and religious-intolerance; and give direction to the City Manager to work with DEI professionals to bring back healing and restorative options to educate the Council on antisemitism and all forms of hate, using the 2022 Statement Against Hate as a base and meet with the Superintendent of the SMMUSD to return with any options related to hate crime letter of 1991. The motion was approved by unanimous voice vote with all members present.
STREET AND
PEDESTRIAN PATHWAY
LIGHTS
16.C. Request of Mayor Brock that the City Manager return to the City Council with the resources needed, tradeoffs and budget reallocations necessary to address the City’s growing backlog of damaged street and pedestrian pathway lights. The current backlog consists of approximately 270 street and pedestrian pathway lights. The City Manager is being asked to return to the City Council as soon as possible as this is a matter of public safety, was presented.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve the item. The motion was approved by unanimous voice vote with all members present.
FENCE, WALL AND
HEDGE HEIGHTS
16.D. In response to concerns raised by residents regarding privacy and safety, request by Councilmember Parra and Mayor Brock to direct the City Manager and City Attorney to begin the process of amending the Zoning Ordinance to increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the appropriateness of 60 inches in height, with 50% transparency for walls and fences above 42 inches in height within the context of crime prevention principles; address measurements that may include retaining walls; and suspend enforcement and pending applications until the ordinance becomes effective in R2, R3, and R4 for those that would comply with that standard. Given the considerable amount of work that has been performed to date on this issue, the City Attorney and City Manager are being asked to return to City Council with a recommendation in 90 days or as soon as possible thereafter. The City Attorney and City Manager are further directed to immediately initiate community engagement on this matter to be included in the recommendation to City Council, was presented.
The City Attorney noted for the record that the previous vote was invalid because Councilmember de la Torre’s fence exceeded the 42-inch limit, creating potential economic interest. The fence is now compliant, allowing Docusign Envelope ID: 8B01A227-0C27-4BF8-8425-45BC3F84C3E8 16 October 22, 2024
Councilmember de la Torre to participate in the vote.
Considerable discussion ensued on topics including but not limited to: the meaning of suspending pending applications; whether there was an effort to grandfather existing properties rather than implement city-wide policy changes; consideration of evolving social conditions and related security and privacy concerns; and potential impacts on multi-unit properties.
Motion by Councilmember de la Torre, seconded by Councilmember Parra, to approve the item. The motion was unanimously approved by voice vote with all members present.
FENCE, WALL AND
HEDGE HEIGHTS
16.E. Request by Councilmember Parra and Mayor Brock to direct the City Attorney and City Manager to return to Council at the next meeting with a resolution to adopt a policy that height regulations for fences, walls, and hedges are the lowest code enforcement priority.
Habitability and keeping people housed should be the priorities for enforcement, was presented.
Considerable discussion ensued on topics including, but not limited to:
whether the ordinance is intended to address safety standards rather than neighbor impact.
Motion by Councilmember Parra, seconded by Councilmember Torosis, to approve the item, as amended.
Councilmember de la Torre proposed an amendment directing staff to return with an amended ordinance so that the person filing a complaint must be directly affected or reside within 1,000 feet of the violation. The amendment was considered friendly by the maker and seconder.
The motion was approved by voice vote with all members present and Councilmember de la Torre abstaining.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:38 a.m. in memory of Dana Chiquette and family.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
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