1 May 14, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 14, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:50 p.m., on Tuesday, May 14, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA and 2319 14th Street #7, Santa Monica, CA 90401
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete (via teleconference)
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
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 5:50 p.m., with all members present. Councilmember Torosis 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.
GENERAL PUBLIC
INPUT:
Members of the public Johnathan Foster, Jerry Rubin, Jayson Gladstone, Denise Barton, Lydia Ponce, Alfred Cockrell, Chase Sherman, Alec Porter, Zoe Muntaner, and Templar Soto commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
Members of the public Debbie Mulvaney, Natalya Zernitskaya, Chris Harding, Joe Pertel, Caro Vilain, Tom Larmore, and Zoe Muntaner Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 2 May 14, 2024
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
commented on closed session items.
Members of the public Carol Vilain and Alex Cardiel commented on consent calendar items.
CLOSED SESSIONS
(Councilmember de la Torre
recused himself at 6:34 p.m.
and returned at 6:54 p.m.)
On order of the Mayor, the City Council recessed at 6:34 p.m., to consider closed sessions and returned at 8:53 p.m., with all members present, to report the following:
4.A. Conference with legal counsel – anticipated litigation – Gov.
Code 54956.9(d)(2): 1 case (Initiative to Partially Exempt Multifamily Developments from Part of the Third Tier Transfer Tax)
This item was continued from the May 14, 2024 special Council meeting to be heard in conjunction with the closed session items on the May 14, 2024 regular Council meeting agenda.
The City Attorney advised this matter was heard with no reportable action taken.
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): City of Santa Monica v. ICSOP, et al.; OCSC Case No. 30-2022-01261243
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): Cheyenne Robinson, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV22392
The City Attorney advised this matter was heard with no reportable action taken.
4.C. Conference with legal counsel - potential litigation regarding public nuisance, Government Code 54956.9(d)(4), City of Santa Monica and People of the State of California v. Pavilions Motel, Inc., Saeed Farzam and Goharshad Farzam
The City Attorney advised this matter was heard with no reportable action taken.
4.D. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; Second District Court of Appeal Case No. B295935
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The City Attorney advised this matter was not heard.
4.E. Conference with real estate negotiator, Gov. Code §54956.8:
Santa Monica Beach, 1550 Parking Lot (venue for L.A. Olympics 2028 beach volleyball); City Negotiators: Susan Cline, Assistant City Manager and Melissa Spagnuolo, Community Partnerships Manager; Venue Negotiators: Vic Nol, Director, Venue Cities Relations, Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028; under negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action taken.
4.F. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John U.N.B. Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV12746
The City Attorney advised this matter was heard with no reportable action taken.
4.G. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Hector Orozco v. John Doe: Does 1-2; LASC Case No. 23SMCV03120
The City Attorney advised this matter was heard with no reportable action taken.
4.H. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John Doe 1, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV15009
The City Attorney advised this matter was heard with no reportable action taken.
4.I. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John Doe (A.G.) v. Santa Monica Police Activities League, et al.; LASC Case No. 23SMCV0606
The City Attorney advised this matter was heard with no reportable action taken.
4.J. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John JPC Doe v. Doe City, et al.; LASC Case No. 23STCV22020
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The City Attorney advised this matter was heard with no reportable action taken.
4.K. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John AD Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV26548
The City Attorney advised this matter was heard with no reportable action taken.
4.L. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John CW Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV29623
The City Attorney advised this matter was heard with no reportable action taken.
4.M. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John Doe 15, et al. v. City of Santa Monica, et al.; LASC Case No. 24STCV07647
The City Attorney advised this matter was heard with no reportable action taken.
4.N. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Jane Doe 1, et al. v. City of Santa Monica, et al.; LASC Case No. 24STCV06207
The City Attorney advised this matter was heard with no reportable action taken.
REPORT ON COUNCIL
TRAVEL
Councilmember Davis reported that she traveled to Vienna, Austria, with the Global Policy Leadership Academy.
Councilmember de la Torre reported that he traveled to Arizona, participating with the National Association of Latino Elected Officials for a conference, where there was discussion on housing and homelessness.
Mayor Brock traveled to Washington, D.C. for the US Conference of Mayors, as a member of the Homelessness Task Force, focusing on strategies to address homelessness. Additionally, Mayor Brock attended the Southern California Association of Governments conference in Palm Desert, California.
CONSENT CALENDAR: Interim City Clerk Nikima S. Newsome stated into the record the following correction regarding Item 5.E., whereas Attachment B should have Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 5 May 14, 2024
referenced the December 13th, 2022 Staff Report, and Attachment C should have referenced the May 23rd, 2023 Staff Report.
All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Mayor Brock, Item 5.A. was removed from the Consent Calendar.
Motion by Councilmember Torosis, seconded by Councilmember Parra, to approve the Consent Calendar except for Item 5.A, 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
ENGINEERING DESIGN
SERVICES
5.B. Award Agreement No. 11570 (CCS) to Woodard and Curran for Engineering Design Services for the Moss Avenue Pump Station and Santa Monica Urban Runoff Recycling Facility Rehabilitation Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and Section 15302
(Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) guidelines;
2. Award RFP #388 to Woodard and Curran for design services for the Moss Avenue Pump Station and Santa Monica Urban Runoff
Recycling Facility Rehabilitation Project for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11570 (CCS) with Woodard and Curran, in an amount not to exceed $1,525,401 over a 5-year period, with future year funding contingent on Council budget approval.
SANTA MONICA BLVD
SAFETY
ENHANCEMENT STUDY
5.C. Award of Agreement No. 11571 (CCS) to Michael Baker International to conduct the Santa Monica Blvd Safety Enhancement Study supported by a Caltrans Sustainable Transportation Planning Grant, was approved.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of categorical exemption pursuant to Section 15252 of the California Environmental Quality Act Guidelines.
2. Award RFP # 389 to Michael Baker International to provide transportation planning and traffic engineering services for the Santa Monica Boulevard Safety Enhancement Study for the Department of Transportation.
3. Authorize the City Manager to negotiate and execute Agreement No. 11571 (CCS) with Michael Baker International in an amount not to exceed $590,000 (including an 11.6% contingency) for two years, with an additional one-year no-cost renewal option on the same terms and conditions, for a total amount not to exceed $590,000 over a three-year period. Any additional future year funding would be contingent on Council budget approval.
DATA ANALYTICS
MANAGEMENT
SERVICES
5.D. Approval of Modification for Contract Extension and Additional Funding for Parking Data Analytics Management Services with ParkHub, 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) of the California Environment Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 10806 (CCS) in the amount of $486,948 with ParkHub, for parking data analytics management services for the Department of Transportation. This will result in a seven-year agreement with a new total amount not to exceed $1,705,948, with future year funding contingent on Council budget approval.
WELL DRILLING AND
EQUIPMENT PROJECT
5.E. Award Construction Contract No. 11572 (CCS) for The Groundwater Recharge Well SM-11i and Monitoring Wells MWi-2 & MWi-3 Drilling and Equipping Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the groundwater recharge wells were analyzed in the adopted Olympic Arcadia Treatment Plant Initial
Study/Mitigated Negative Declaration (State Clearinghouse No. 2020070129), and a finding of categorical exemption pursuant to Section 15302,15303 and 15304 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #2678-C to Environmental Construction, Inc.to provide construction services to the Groundwater Recharge Well SM-11i and Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 7 May 14, 2024
Monitoring Wells MWi-2 & MWi-3 Drilling and Equipping Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Contract No. 11572 (CCS) with Environmental Construction Inc., in an amount not to exceed $7,477,314 (including a 15% contingency);
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and
5. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
WATER/WASTEWATER
RATE STRUCUTURE
5.F. Award Professional Services Contract No. 11573 (CCS) to NBS Government Finance Group, dba NBS to Analyze the Existing Water/Wastewater Rate Structure and Establish a New Five-Year Rate Structure for Potable Water, Recycled Water, and Wastewater Commodity Charges; Fire Line Rates; and Capital Facility Fee for Calendar Years 2025 to 2029, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15262 (Feasibility and Planning Studies) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #391 to NBS Government Finance Group, dba NBS to analyze the existing water/wastewater rate structure and establish a new five-year rate structure for potable water, recycled water, and wastewater commodity charges; fire line rates; and a capital facility fee for calendar years 2025 to 2029 for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11573 (CCS) with NBS Government Finance Group, dba NBS in the amount not to exceed $420,000 over a 5-year period, with future year funding contingent on Council budget approval.
ANNUAL WATER
SHORTAGE
ASSESSMENT REPORT
5.G. Resolution No. 11584 (CCS) entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE
2024 ANNUAL WATER SHORTAGE ASSESSMENT REPORT,” was
adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of statutory exemption pursuant to Section 10652 of the California Water Code; and
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2. Receive public comment and approve attached Resolution No. 11584 (CCS) adopting the 2024 Annual Water Shortage Assessment Report.
BACKUP LANDFILL
FACILITY SERVICES
5.H. Award Contracts to Browning Ferris Industries, Inc., Waste Management of California, and County Sanitation Districts of Los Angeles County for Backup Landfill Facility Services, were approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute Agreement No. 11574 (CCS) with Browning Ferris Industries, Inc., dba Sunshine Canyon Landfill to provide backup landfill services for the Public Works Department. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.250 (g) and is for a total amount not to exceed $2,277,521 (including a 20% contingency) for 10 years, with future year funding contingent on Council budget approval;
3. Authorize the City Manager to negotiate and execute Agreement No. 11575 (CCS0 with Waste Management of California – Simi Valley Landfill to provide backup landfill services for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a total amount not to exceed $1,824,264 (including a 20% contingency) for 10 years, with future year funding contingent on Council budget approval; and
4. Authorize the City Manager to negotiate and execute Agreement No. 11576 (CCS) with Los Angeles County Sanitation Districts – Puente Hills Material Recycling Facility to provide backup landfill services for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a total amount not to exceed $1,175,856 (including a 20% contingency) for 1.5 years, with future year funding contingent on Council budget approval.
SIX SCHOOLS PROJECT 5.I. Award Construction Contract No. 11577 (CCS) to Environmental Construction, Inc. for Pedestrian Improvements at Six Schools Project, 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 and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2649 to Environmental Construction, Inc., for the construction of the Safe Routes to Schools: Pedestrian Improvements at Six Schools Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Contract No. 11577 (CCS) with Environmental Construction, Inc., in an amount not to exceed $ 3,545,430 (including a 10% contingency);
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and
5. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
ANY LINE, ANY TIME
PROGRAM
5.J. Approval of Big Blue Bus Renewal of Any Line, Any Time Program for Santa Monica College, 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. 11578 (CCS) to renew the “Any Line, Any Time” unlimited ride transit program with Santa Monica College (SMC), effective July 1, 2024, for a two-year term through June 30, 2026. SMC will reimburse Big Blue Bus for transit services in the amount of $1,258,000 over the two-year term.
ELECTRICAL
CONTRACTOR
SERVICES
5.K. Award Contract to Reign Industries, Inc. as Primary and Leed Electric, Inc. as Secondary to Provide Electrical Contractor Services at Water & Wastewater Treatment Facilities, was approved.
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4476 to Reign Industries Inc. as the primary vendor to provide electrical contractor services at water and wastewater treatment facilities; and to Leed Electric, Inc. as the secondary vendor to provide electrical contractor services at water and wastewater treatment facilities for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Agreement No. 11579 (CCS) with Reign Industries, Inc. in an amount not to exceed Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 10 May 14, 2024
$300,000 for one year, with four additional one-year renewal options in the amount of $1,200,000 on the same terms and conditions for a total amount not to exceed $1,500,000 over a five-year period with future funding contingent on Council budget approval; and
4. Authorize the City Manager to negotiate and execute Agreement No. 11580 (CCS) with Leed Electric, Inc. in an amount not to exceed $160,000 for one year, with four additional one-year renewal options in the amount of $640,000 for a total amount not to exceed $800,000 over a five-year period with future funding contingent on Council budget approval.
WATER &
WASTEWATER
FACILITIES
MAINTENANCE
5.L. Award Contract to Global Power Group, Inc. as Primary and Bay City Electric Works as Secondary to Provide Emergency Generator Maintenance & Repair at Water & Wastewater Facilities, was approved.
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4478 to Global Power Group, Inc. as the primary vendor to provide emergency generator maintenance and repair services at water and wastewater treatment facilities; and to Bay City Electric Works as the secondary vendor to provide emergency generator maintenance and repair services at water and wastewater treatment facilities for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Agreement No. 11581 (CCS) with Global Power Group, Inc. in an amount not to exceed $350,000 over a five year period, with future funding contingent on Council budget approval; and
4. Authorize the City Manager to negotiate and execute Agreement No. 11582 (CCS) with Bay City Electric Works in an amount not to exceed $250,000 over a five year period, with the same price, terms and conditions in renewal years two through four, with future funding contingent on Council budget approval.
RECREATIONMANAGEMENT
SOFTWARE SYSTEM
5.M. Approval of Modification to Contract #10571 with Active Net to Extend the Contract Term and Price, was approved.
Recommended Action
Staff recommends that Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a fifth modification to extend the term and contract price of Agreement No. 10517 (CCS) for one year in the amount of $54,366, with a one year Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 11 May 14, 2024
option to renew for $52,388, with Active Network Inc. to provide a cloud-based hosted recreation-management software system for the Recreation and Arts Department, Housing and Human Services Department, and Department of Transportation. This will result in a 14-year amended agreement with a total not to exceed amount of $645,579 with future-year funding contingent on Council budget approval.
HOMELESS OUTREACH
SERVICES
5.N. Approval of Sixth Modification with West Coast Care Foundation for Homeless Outreach Services, was approved.
Recommended Action
Staff recommends that 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 a sixth modification to Contract No. 10684 (CCS) in the amount of $150,000 with West Coast Care Foundation for homeless outreach services.
This will result in a seven-year amended contract with a new total not to exceed $1,450,000.
CALIFORNIA GREEN
BUILDING STANDARDS
CODE
5.O. Second Reading and Adoption of Ordinance No. 2778 (CCS) Amending Article 8 of the Santa Monica Municipal Code to Adopt the 2022 California Green Building Standards Code, Repeal Outdated Local Amendments, and Adopt a 2022 Local Amendment Relating to Concrete Requirements for Newly Constructed Buildings, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
STATE DENSITY BONUS
LAW
5.P. Second Reading and Adoption of Ordinance No. 2779 (CCS) 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 adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
CITY COUNCIL
MEETING RULES OF
ORDER
5.Q. Resolution No. 11585 (CCS) entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE
RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS AND REPEALING RESOLUTION NUMBER
11547 (CCS),” was adopted.
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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. Pursuant to a Council approved 16 Item, consider amendments to the Council Rules to allow 16 items, with exceptions, to be treated like the Consent Calendar with one vote for all items. Additional changes are proposed to provide clarity and document procedures for Councilmembers requesting 16 items and closed session items.
OLYMPIC BLVD AND
26th STREET PROJECT
5.A. Award Construction Contract for Olympic Boulevard and 26th Street Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2662 to Hardy & Harper, Inc., a California-based company, for the construction of the Olympic Boulevard and 26th Street Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Contract No. 11569 (CCS) with Hardy & Harper, Inc. in an amount not to exceed $1,248,500 (including a 10% contingency); and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
Questions asked and answered of staff included: will the same type of barrier used on 17th street be used; what is the street’s width in comparison to 17th street; will barriers be placed on both sides of the street and have any alternatives been considered to limit the space needed.
Motion by Mayor Brock, seconded by Councilmember de la Torre, to approve 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
AGENDA
MANAGEMENT
Motion by Mayor Brock, seconded by Councilmember Torosis, to first hear public input on Items 10.A. and 11.A. and hear Items 10.A. and 11.A together, with remaining public input to be heard after and limit public comment to one minute per speaker. The motion was approved by the Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 13 May 14, 2024
following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Caro Vilain commented on Item 10.A.
Members of the public Denise Barton and Johnathan Foster commented on Item 11.A.
Members of the public Jerry Rubin Johnathan Foster and Denise Barton commented on Item 16.C.
Members of the public Andrew Liberman, Charles Fredricks, Jerry Rubin, Sherna Berger Gluck (time donated by Cynthia Anderson Barker), David Clennon (time donated by Matthew Hom), Rosemarie Driscoll, Sarah Newell, Janet McKeithen, Suzanne Thompson, Randall Heyn-Lamb, Mimi Kennedy, Hadir Azab, John Mooney, Rima Abu-Isa Thierry, Jodie Evans, Baba Akili, Almas Sayeed, Will Alden, Dorothy Yungman, Igal Yungman, Adam Hirsch, Erika Verba, Lolo Movsessian, Denise Barton, John Alle, Jennifer Vaughan, Vivien, Mariah, Rabbi Eli Levitansky, Ignacio Fernandez, Metabrafar Agindotan, Dorothy Chapman, Robin Boerner, John Williams, Jamie Kelleher, Susan Adelman, Debbie Paperman, Lawson Adams, Kiran Randhawa, Rozima Tarr, Rebeca Kon, Dr. Ghassan Khoury, Peter Himmelman (time donated by Rabbi Chaim Teleshevsky), Johnathan Foster, Arnold Seid, Jennifer Roth Krieger, Rabbi Naomi Levy, Justin Baltz, Afroze Bari, Timothy Arnold, Zoe Muntaner, Aseya Jooma, Majed Harb, Nasiha Solakovic, Isaac Yerushalmi (time donated by David Noormand, Riyad Shauk, Valida Carroll, Craig Ali, Joanne Berlin, Joshua Martinez, Michele Prince Itai Klein (time donated by John Mcallister), Sharon Ben-Roohi, Suleman Adeyemi, Amelia Hall, John Seeley, Lee Garrum (time donated by Sophy Yurman), Maggie Lang, Nadia, Alexandra Anemone, Melanie Campbell, Christie Becu, Taylor Brophy, Alan Luna, Ladan M, Elly Levy, Anastasia Shakhidzhanova, Jesssica Pirrone, Dana Kotler, Yves Marton, Vicki Plaks, Miriam Alpern, Peter Birnstein, Robert Shiri, Hagai Feiner, Assaf and Ray Schwartz commented on 16.D.
Member of the public Michael Masucci, Jeff Gordon, Federico Galavis, Deepa Subramaniam, Janet Owen Driggs, Mona Kuhn and Robert Berman commented on Item 16.F.
Member of the Public Johnathan Foster, John Alle (time donated by Jessica Rogers) and Denise Barton commented n Item 16.I.
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ORDINANCES:
BICYCLIST
HARRASSMENT
10.A. Introduction and First Reading of an Ordinance Adding Section
3.75 to the Municipal Code to Prohibit Harassment of Bicyclists and Provide for a Private Right of Action for Violations, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15321 of the California Environmental Quality Act (CEQA) Guidelines;
2. Introduce for first reading the attached ordinance adding Section 3.75 of the Santa Monica Municipal Code to prohibit harassment of bicyclists and provide a private right of action for violations.
Questions asked and answered of staff included: could these protections be offered to pedestrians and what educational outreach would be provided to inform residents of these protections.
Motion by Councilmember Davis, seconded by Councilmember Zwick, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and providing direction to staff to include pedestrians to the 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
STAFF
ADMINISTRATIVE
ITEMS:
ANNUAL UPDATE ON
HOMELESSNESS
11.A. Annual Interdepartmental Update on Addressing Homelessness, was presented.
Recommended Action
Staff recommends that the City Council:
1. Receive the 2024 Annual Interdepartmental Update on Addressing Homelessness.
2. Adopt the attached Proclamation declaring a local emergency on Homelessness through 05/31/2025 (Attachment A), unless repealed or extended by Council, due to the ongoing crisis of homelessness as evidenced by the 2023 increase in the Point-In-Time Count.
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: why is the occupancy rate only at 50% at this time at SAMOSHEL; do people need to be referred to be provided a bed; how much money is spent towards homeless services and programs and how does it compare to other cities; has the Governor’s 2024- Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 15 May 14, 2024
25 May budget revision been analyzed for implications to current funding sources; is there anything structurally the City can do to improve the prevention of homelessness; is staff aware of the Orange County homeless consent decree; what is the bed count for temporary shelters within the city; has staff evaluated the potential impacts of signing or not signing the consent decree; what are the implications of transferring from the city’s proprietary homeless management information system (HMIS) to the HMIS managed by the Los Angeles Homeless Services Authority (LAHSA) and are there any immediate actions the city can do to make tangible differences to the behavioral health approach.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember de la Torre, to adopt a proclamation declaring a local emergency on Homelessness through 5/31/2025 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:
COMMISSION ON
SUSTAINABILITY,
ENVIRONMENTAL
JUSTICE AND THE
ENVIRONMENT
16.A. Appointment to an unscheduled vacancy on the Commission on Sustainability, Environmental Justice and the Environment for a term ending on June 30, 2024, was heard.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Gerda Newold.
Councilmember Parra nominated Jeff Bush.
Jeff Bush was appointed to a term ending June 30, 2024, by the following vote:
Newbold: Councilmembers Torosis, Davis, and Zwick
Bush: Councilmembers de la Torre, Parra, Mayor Pro Tem Negrete, and Mayor Brock
TRANSIENT
OCCUPANCY TAX
ADVISORY COMMITTEE
16.B. Appointment to an unscheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2025, was continued to the June 11, 2024 meeting.
CITY COUNCIL RULES
AMENDMENT
16.C. Request of Mayor Brock that the City Attorney, City Clerk, and City Manager return with an amendment to the City Council Rules to limit the time period for general public input (e.g., 20 minutes), and to continue any remaining general public input to the end of the meeting, was heard.
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Motion made by Mayor Brock with no second. Motion failed for lack of a second.
CEASEFIRE AND ANTIRACISM RESOLUTION16.D. Request of Councilmembers Zwick, Torosis, and Davis that the City Council adopt attached Resolution No. 11586 (CCS) supporting the resumption of a negotiated bilateral ceasefire in Gaza and reiterating the City’s condemnation of all antisemitism, anti-Arab racism, Islamophobia, and all forms of hate and incitement to violence, was heard.
Motion by Mayor Brock to propose Resolution No. 11587 (CCS) with the following language: “It is resolved that while tragic armed conflicts are occurring in the Middle East, we acknowledge that feelings of hate and despair within our community from these outside events are stirring Antisemitism and Islamophobia in Santa Monica. Be it known to all that tolerance of all faiths and beliefs are integral to life within Santa Monica and that all faiths and beliefs are welcome here without prejudgment.
Further, verbal and/or physical attacks on any member of the Santa Monica community will not be tolerated, no matter their religion, faith, or creed.
Santa Monicans strive for peace in our community and throughout the world. As the City Council, we are responsible for promoting the safety and security of all who live and come here. Tolerance, not intolerance, is the key to peace in our city.
We urge all of Santa Monica’s residents to treat each other respectfully and not judge others based on external factors but as humans dedicated to peace and justice for all other humans.”
Friendly amendment proposed by Councilmember Zwick to change the following language to the first proposed Resolution from “WHEREAS, the horrific slaughter of Israeli civilians perpetrated by Hamas on October 7, 2023, was the largest mass murder of Jews since the Holocaust, and 240 Israeli civilians were taken as hostages” to “WHEREAS, the horrific slaughter of 1,000 Israeli civilians perpetrated by Hamas, a designated foreign terrorist organization, on October 7, 2023, was the largest mass murder of Jews since the Holocaust, and 240 Israeli civilians were taken as hostages.” The motion was considered friendly by the maker and seconded by Councilmember Davis.
Motion by Mayor Brock, seconded by Councilmember Davis, to adopt both resolutions. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Zwick, Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmember Parra
ABSENT: None
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For the record, Councilmember Parra stated she voted against the motion because it would create division within the community and wished to be sensitive to all members.
MITIGATING VEHICLE
SPEEDING
(Councilmember Davis
recused herself at 1:32 a.m.)
16.E. Request of Councilmember Zwick, Councilmember Torosis, and Councilmember Davis that the City Council direct the City Manager to prioritize measures to reduce vehicle speeding and mitigate crashes on Neilson Way in order to enhance safety for pedestrians, cyclists, and drivers on the corridor; specifically, the City Manager is directed to prepare cost estimates and identify potential funding sources and tradeoffs for adding the installation of speed cushions along Neilson Way as a project for consideration as part of the upcoming biennial Capital Improvement Program budget process.
This would result in Neilson Way being prioritized as the next phase of the ongoing partnership among the Department of Transportation, Santa Monica Fire Department, and Public Works Department to reinitiate deployment of speed humps/bumps and other speed calming measures that do not impact emergency response times, as resources and staff capacity allow, was heard.
Motion by Councilmember Zwick, seconded by Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember Davis
CONTRACT WORDING
(Councilmember Davis
returned at 1:40 a.m.)
16.F. Request of Vice Mayor Negrete, Councilmember Parra, and Councilmember de la Torre that the City Manager include language in contracts between the City of Santa Monica and Venice Family Clinic and CLARE|Matrix pursuant to the Fiscal Year 24/25 Human Services Grant Program (HSGP) that states: “Agency will not use HSGP funds provided under this contract or renewals of this contract for the purpose of syringe distribution/exchange at or around parks and public open spaces.” On April 9, 2024, the City Council adopted a resolution that was transmitted to Los Angeles County indicating that harm reduction is an important tool to connect individuals to healthcare, behavioral health, and substance abuse resources but objects to the County of Los Angeles Substance Abuse Prevention and Control Bureau’s (County) distribution of clean needles and other drug paraphernalia in parks or near schools. To this end, Vice Mayor Negrete, Councilmember Parra, and Councilmember de la Torre are requesting that the City Manager incorporate additional language into Docusign Envelope ID: BE8EB807-ADB4-47AA-85A9-E601B11DF153 18 May 14, 2024
the City’s contracts with Venice Family Clinic and CLARE|Matrix to reflect City Council policy direction, was heard.
Motion by Councilmember de la Torre, seconded by Councilmember Parra, to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmember Torosis
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:50 a.m.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
Interim City Clerk Mayor
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