1 April 23, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 23, 2024
A special meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:43 p.m., on Tuesday, April 23, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA and Hyatt House Tempe Hotel, 601 E. 6th Street, Tempe, Arizona 85281
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Oscar de la Torre (via telephone)
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
Absent: Councilmember Gleam Davis
Also Present: City Manager David White
City Attorney Douglas Sloan
Interim City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:43 p.m., with all members present except Councilmember Davis. Councilmember Zwick 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 Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to hear the Metropolitan Water District Climate Adaptation Master Plan presentation (3.D.) first, followed by Bob’s Market Commendation (3.C.) and public comment from Santa Monica High School students regarding Councilmember Discussion item (16.C.)
The motion was approved by the following vote:
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AYES: Councilmembers Zwick, Parra, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember Davis
GENERAL PUBLIC
INPUT:
Members of the public Victoria Best, Dorothy Chapman; Denise Barton; Gil Leib; D. Morris; Roberta; Estee Chandler; Cynthia Anderson Barker; Suzanne Thompsom; Jerry Rubin; Susan Adelman; Linda Clark; Ghassan Khoury; Emily D.; Simon Fin; Thea Krizmanich; Elly Levy; Wayne Johnson; Noah Albrecht; Marya Shahriary; Rima Abu Issa; Max Deger; Jacob Roberts; Sammy E.; John Medlin; Lila Yomtoob; David Hoffman; People of California; Adya Mohanty; Seth Reid; Jason Mastbaum; Johnathan Foster; Helen Sklar; Ferhay; Mike Jones; Sarah Lazaar; Isabel Pinter Parrott; Amelia Hall; Jodie Evans; Judy Branfman and Anwer Fathima Ali commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA ITEMS
AND CONSENT
CALENDAR ONLY:
Member of the public Denise Barton commented on Special Agenda items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA ITEMS
3.A. 2024 City Clerk Week Proclamation, was presented.
3.B. Proclamation: Bike Month, was presented.
3.C. Commendation: Bob's Market, was presented.
3.D. City Manager Report - 1) 30th Anniversary of Sustainable City Plan and 2) Climate Adaptation Master Plan for Water and General Update from the Metropolitan Water District of Southern California, was presented.
CLOSED SESSIONS
(Councilmember de la Torre
left the meeting at 8:13 p.m.)
On order of the Mayor, the City Council recessed at 8:13 p.m., to consider closed sessions and returned at 8:50 p.m., with all members present, except Councilmembers de la Torre and Davis, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Byron Merlos, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV07334
The City Attorney advised this matter was heard with no reportable action taken.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Mayor Pro Tem Negrete, Item 5.C. was removed from the Consent Calendar.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the Consent Calendar except for Item 5.C., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
5.A. Present Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2023, was heard.
Recommended Action
Staff recommends that the City Council:
1. Receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2023; and
2. Adopt a finding of no significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
CONSULTING SERVICES 5.B. Award Contract No. 11564 (CCS) for Aging and Disability Strategic Planning Consulting Services to Elizabeth Anderson Consulting, 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) (ZXCommon Sense Exemption) of the
California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #400 to Elizabeth Anderson Consulting for consulting services in connection with establishing a citywide aging and disability strategic plan for the Housing and Human Services Department; and
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3. Authorize the City Manager to negotiate and execute Agreement No. 11564 (CCS) with Elizabeth Anderson Consulting in an amount not to exceed $155,000 for two years with future year funding contingent on Council budget approval.
ANNUAL ACTION PLAN 5.D. Approval of the Proposed FY 2024-25 Annual Action Plan Allocating Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Funds, 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. Approve the Proposed 2024-25 Annual Community Development Block Grant (CDBG) and HOME Action Plan (Attachment A).
3. Authorize the City Manager to submit all documents required to receive the City’s annual CDBG and Home Investment Partnerships Act (HOME) entitlement grant funds to the U.S. Department of Housing and Urban Development (HUD).
RIDESHARE PROGRAM 5.E. Approval of First Modification of Agreement No. 11250 (CCS) with Steer for Rideshare Program Administration and Outreach, 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 a first modification to Agreement No. 11250 (CCS) in the amount of $96,200 with Steer, Inc. for rideshare program administration and outreach for the Department of Transportation, resulting in a threeyear amended agreement (with two one-year optional extensions) with a new total amount not to exceed $1,497,698.48, with future year funding contingent on Council budget approval; and
3. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
CITYWIDE POND
MAINTENANCE
5.F. Award Bid 4475 to California Waters Development, Inc. to Provide Water Feature and Pond Maintenance Citywide, was approved.
Recommended Action:
Staff recommends that the City Council:
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1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4475 to California Waters Development, Inc. for the repair and maintenance of water features for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11566 (CCS) with California Waters Development, Inc. for $1,285,596, plus a contingency of $186,429, for a two-year term, with three one-year renewal options, for a total amount not to exceed $1,472,025 over the five year period, with future year funding contingent on Council budget approval.
ENERGY EFFICIENCY
AND CONSERVATION
BLOCK GRANT
5.G. Approval to Accept U.S. Department of Energy's Energy Efficiency and Conservation Block Grant, 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. Accept a grant awarded in the amount of $157,730 from the U.S.
Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG) Program to fund an income-qualified electric bicycle (e-bike) voucher program in the Public Works Department, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
ALPR CAMERA & SMART
CENTER
5.H. Award Bid and Enter into Agreement No. 11567 (CCS) with Flock Safety for Automatic License Plate Recognition (ALPR) cameras and Award Bid and Enter into Agreement No. 11568 (CCS) with Constant Technologies for SMART Center Room Build-Out Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #394 to Flock Safety for the installation, leasing, maintenance, and support for 54 ALPR cameras for the Police Department;
3. Award RFP #393 to Constant Technologies for the design, Docusign Envelope ID: A953EF96-134C-4EDF-882C-1336BC4809DD 6 April 23, 2024
installation, and integration of video displays and workspace consoles for the Santa Monica Analytical Real Time Center (SMART Center) for the Police Department;
4. Authorize the City Manager to negotiate and execute an agreement with Flock Safety, for the leasing of 54 ALPR cameras in an amount not to exceed $494,100. This sum includes installation, maintenance, and support through December 31, 2026, with future year funding contingent on Council Budget approval; and
5. Authorize the City Manager to negotiate and execute an agreement with Constant Technologies, in an amount not to exceed $649,401 (including a $59,000 contingency) for a term of three years, with future year funding contingent on Council Budget approval.
RESOLUTION
AMENDMENT
5.I. Adoption of Resolution No. 11581 (CCS) that Amends Resolution No. 10325 (CCS) in order to Clarify the Authorization to Levy and Place the Main Street Business Area Festoon Lighting and Sidewalk Cleaning Assessments on the L.A. County Property Tax Rolls Each Year, was adopted.
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. Adopt a Resolution to amend Section 6 and Section 8 of Resolution No. 10325 (CCS) in order to clarify that Council authorized the levy and placement of the Main Street Business Area Festoon Lighting and Sidewalk Cleaning assessments on the Los Angeles County property tax rolls to be done annually and not just for FY 2008-2009.
CLIMATE GRANTS 5.J. Adoption of Resolution No. 11582 (CCS) Authorizing Climate Grant Applications by City Manager or Designee, was adopted.
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. Adopt the attached Resolution authorizing the City Manager, or designee, to submit applications for grants and other incentive programs that support projects, programs, or objectives identified in the Council-adopted Climate Action and Adaptation Plan.
HUMAN SERVICES
GRANT PROGRAM
5.C. Award a Contract to Moss Adams, LLP for Human Services Grants Program Monitoring Services, was approved.
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Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP # 402 to Moss Adams, LLP, for ongoing compliance monitoring services for the Housing and Human Services
Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Moss Adams, LLP, for two years, with two additional one-year renewal options, for a total amount not to exceed $400,000 over a four year period, with future funding contingent on Council budget approval.
Questions asked and answered of staff included: will audits be performed on-site or virtually and would it be beneficial to have audits performed onsite; how were previous audits performed; is there any cost savings involved in performing virtual audits; what is the process for monitoring a provider and are specific client files requested in advanced.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Scott Morris commented on item 10.A.
Member of the public Ellis Raskin commented on item 10.B.
Member of the public Denise Barton commented on item 16.B.
Members of the public Jocelyn Salazar; Arnoldo Paniagua; Milly Garcia; Jade Morales; and Melanie Salazar commented on item 16.C.
CONTINUED ITEMS:
CANNABIS SOCIAL
EQUITY STUDY SESSION
(Councilmember de la Torre
returned to the meeting at 9:34
p.m.)
8.A. Cannabis Social Equity Study Session, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review and discuss the presentation on cannabis social equity programs from other cities;
2. Provide direction on two potential policy options for approach to a cannabis social equity program within the City of Santa Monica Docusign Envelope ID: A953EF96-134C-4EDF-882C-1336BC4809DD 8 April 23, 2024
(Councilmember de la Torre
left the meeting at 10:25 p.m.)
which will determine the expansiveness of a social equity program and timeline by which staff returns with an ordinance; and
3. Discuss options and provide direction to staff on locational restrictions for the adult-use cannabis ordinance.
Questions asked and answered of staff included: was litigation exposure looked at for the different options; regarding the enhanced program, will the City be providing technical assistance, access to capital or decreased permitting fees; consideration for private fundraising; what is considered an oversaturation of facilities; is oversaturation being considered concerning competition for smaller shops; has staff considered which areas will yield the most income; won’t the buffers automatically create a cap on facilities; how can success be guaranteed; what’s the rationale regarding the buffers; can the ordinance direct funding into a non-profit fund or for local hire; can an ordinance be adopted prior to adopting an equity program; is there any value in having an equity program as opposed to not having one and at which point would the tax rate be determined.
Considerable discussion ensued on topics included, but not limited to: risks relating to an RFP process; providing more access in the procurement process; funding substance abuse prevention programs particularly as it pertains to the youth population; concerns regarding the implementation and contracting out services to implement the program if there isn’t any capacity to do so in-house.
Council directed staff to implement the following recommendations:
1. Approve 600ft buffer between sensitive site uses as established by state guidelines;
2. Approve 300ft buffer (no more than one location per city block) between facilities; and
3. Approve standard equity program with funds to be diverted to support substance abuse prevention programs.
ORDINANCES:
LOW-CARBON
CONCRETE POLICY
10.A. Introduction and First Reading of Low-Carbon Concrete Policy Ordinance and Adoption of Local Amendments Findings Resolution No. 11583 (CCS), was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;
2. Introduce for first reading the attached ordinance that adopts the 2022 California Green Building Standards Code including the 2022 intervening code updates, and supports decreasing emissions from concrete;
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3. Adopt attached Resolution No. 11583 (CCS) that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code;
4. Direct the City Manager to file adopted Resolution No. 11583 (CCS) and ordinance amending the Green Building Standards Code with the California Building Standards Commission
following the second reading of the ordinance.
Questions asked and answered of staff included: are other jurisdictions also doing this; are these materials readily available for contractors; why aren’t more contractors using this version if it’s better and cheaper and is there anyway to incentivize the use of mass timber.
Motion by Councilmember Parra, seconded by Councilmember Torosis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and approve all staff recommendations.
The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Councilmember Torosis, seconded by Councilmember Zwick, to continue the meeting past 11:00 p.m. The motion was approved by voice vote, with all members present, except Councilmembers Davis and de la Torre
STATE DENSITY BONUS
LAWS
10.B. Introduction and First Reading of an Ordinance Amending the Text of the City's Zoning Ordinance to Update Provisions Related to State Density Bonus Law for Consistency with Recent Amendments to State law Adopted by AB 1287 and Making Other Minor Changes, Corrections, and Clarifications, 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.
2. Introduce for First Reading of an Ordinance amending the text of the Zoning Ordinance to update provisions related to the implementation of State Density Bonus Law for consistency with recent amendments to State Law adopted by AB 1287 and make other minor changes, corrections, and clarifications.
3. Provide direction regarding the Planning Commission’s recommendation regarding a potential local density bonus program for projects that provide off- site affordable housing.
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Questions asked and answered of staff included: can a requirement be enforced to build more family housing; would inclusionary units have access to parking spots; would off-site units be providing the same amenities and what would the impact on the community be if housing was built off-site.
Considerable discussion ensued on topics including, but not limited to the lived experience of those who have lived in affordable housing projects.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the first recommendation and to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and direct staff not to pursue the third recommended action. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers de la Torre, Davis
COUNCILMEMBER
DISCUSSION ITEMS:
HOUSING AUTHORITY
BOARD
16.A. Recommendation to rescind the appointment of Courtney Lauretano to the Housing Authority Board for failure to attend meetings since appointment; and, authorization for the City Clerk to publish vacancy, was heard.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to rescind the appointment to Courtney Lauretano to the Housing Board based on her inability to be qualified to be on the board; and return with a 16 item at the May 14th meeting to appoint a replacement. Considerable discussion ensued on separating the motion.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to rescind the appointment
The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
Motion by Councilmember Parra, seconded by Councilmember Zwick, to authorize the City Clerk to publish the vacancy for 30 days and return to make an appointment for the May 28 Meeting.
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The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
COUNCIL RULES
AMENDMENT
16.B. Request by Mayor Brock to direct the City Manager, City Attorney, and City Clerk to return with an amendment to the Council Rules to provide that Council 16 items may be handled like consent items, with the Council voting on them as one item, except for Council appointments to boards, commissions, and other bodies, and except for certain items that may be pulled for discussion at the Council meeting, was heard.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve Councilmember Discussion Items 16.B. through 16.D. in one concurrent vote. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
DISCRETIONARY FUNDS 16.C. Request of Councilmember de la Torre that the City Council allocate $5000 from its discretionary funds to the Association of Mexican American Educators in support of the Samohi Latino Graduation, organized by student group Legado Latino. These funds will assist in covering event expenses such as stoles, medals, diplomas, food and drinks, and entertainment. This event offers students a chance to celebrate their accomplishments and showcase their vibrant cultural heritage to the local community, was heard.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve Councilmember Discussion Items 16.B. through 16.D. in one concurrent vote. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
TRAVEL FUNDS 16.D. Request of Councilmember de la Torre that the City Council authorize use of existing travel funds to cover the costs (registration and travel expenses) of participating in the NALEO 41st Annual Conference, taking place June 18-20, 2024 in Las Vegas, NV. This Docusign Envelope ID: A953EF96-134C-4EDF-882C-1336BC4809DD 12 April 23, 2024
annual conference provides an opportunity for Latino leaders from all across the country to network, exchange perspectives, and foster solutions around the most pressing policy issues affecting our communities today, was heard.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve Councilmember Discussion Items 16.B. through 16.D. in one concurrent vote. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
DISCRETIONARY FUNDS
(Mayor Brock recused himself
at 11:53 p.m.)
16.E. Request of Vice Mayor Negrete and Councilmember Parra that the City Council: 1) allocate up to $4681.72 from the Council Discretionary funds to cover costs associated with the rental of sound systems, a small stage, chairs, and related expenses for the Memorial Day event the Elks Lodge and American Legion Post are hosting at Woodlawn Cemetery in Santa Monica on May 27, 2024 to honor and pay tribute to those who have bravely fought to protect our nation, and 2) direct the City Manager to promote the event on the City’s social media platforms, was heard.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick,
Mayor Pro Tem Negrete
NOES: None
ABSENT: Councilmembers Davis, de la Torre,
Mayor Brock
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 11:54 p.m.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
Interim City Clerk Mayor
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