City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 10.B
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Approval of Contracts for Implementation of SaMo Bridge Program And Introduce and Adopt Emergency Interim Zoning Ordinance to Exempt City Uses from Temporary Use Permit Requirements During a Declared Emergency
Recommended Actions
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. Introduce and Adopt an Emergency Interim Zoning Ordinance to Exempt Uses on City-Owned Property and that Use City Funds From Temporary Use Permit Requirements During a Declared Local or State of Emergency
3. Authorize the City Manager to negotiate and execute an agreement with Exodus Recovery, Inc. (Exodus) to operate SaMo Bridge. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and is a total amount not to exceed $5,599,582 over a 3-year period, with future year funding contingent on Council budget approval.
4. Authorize the City Manager to negotiate and execute an agreement with Willscot for mobile trailers. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section
2.24.250(i) and 2.24.240(a) and is a total amount not to exceed $650,000 for three years with future funding contingent on Council budget approval.
5. Authorize the City Manager to negotiate and execute an agreement with Moss Adams for SaMo Bridge program evaluation and fiscal audit services. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and is a total amount not to exceed $350,000 for three years, with future year funding contingent on Council budget approval.
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6. Authorize the City Manager to negotiate and execute an agreement with Elizabeth Anderson Consulting (EAC) for grant consulting services. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and is a total amount not to exceed $225,000 for three years, with future year funding contingent on Council budget approval.
7. Approve a limited term administrative position (Senior Legal Analyst) for legal data analysis, grant implementation, and ongoing grant management as described in the “Funding and Staffing Recommendations section of this report.
8. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
To advance the City’s Council priority area of addressing homelessness, on June 5, 2024, the City Attorney’s Office (CAO) submitted an application for Proposition 47 grant funding in an amount equal to $7,926,172 for SaMo Bridge, a diversion program that addresses the behavioral health, substance use, and housing needs of justice-involved adults in the Santa Monica community.
On October 3, 2024, the BSCC awarded full grant funding to the City of Santa Monica.
On October 22, 2024, the City Council adopted Resolution Number 11629 (CCS) authorizing the City Manager to submit the application to the California Board of State and Community Corrections (BSCC), accept the grant, execute the grant agreement, and execute other necessary documents. (Attachment A – Resolution No. 11629 (CCS)) Per the terms of the grant, SaMo Bridge is required to be operational no later than April 2025 and provide services through the end of March 2028.
The City Attorney’s Office has continued to work with City Department partners towards implementation. The cross-departmental implementation team assessed 14 City-owned properties and facilitated a discussion with 5 departments to identify the most feasible location for SaMo Bridge operations. Cross-department leadership reached consensus that the cement patio area adjacent to the entrance of the Civic Center Auditorium East Wing is the best location to site SaMo Bridge during the grant period. Several Departments have confirmed that, among other benefits, activation of the area around the Civic Center Auditorium will help alleviate some community concerns. In addition, 3 of 11
the BSCC Grant requires extensive public outreach with both a local advisory committee and regular community meetings. Staff expects the first community outreach meeting to be conducted in January.
Due to the temporary nature of the 3-year grant period and the fact that the Civic property is under consideration for future development that is unlikely to break ground before 3 years, the Civic Center appears to be the most viable candidate to host SaMo Bridge operations.
Staff now asks that the City Council authorize the City Manager to negotiate and execute agreements with the following vendors for implementation of the grant:
(1) Exodus Recovery, Inc. to operate SaMo Bridge;
(2) Willscot for mobile trailers which will serve as the SaMo Bridge respite hub;
(3) Moss Adams for program evaluation and fiscal audit services; and (4) Elizabeth Anderson Consulting (EAC) to provide grant consulting services.
In addition, in order to ensure placement and use of the trailers as a respite hub is consistent with the Zoning Ordinance, staff recommends introduction and adoption of an Emergency Interim Zoning Ordinance to exempt temporary uses on City-owned property or that utilize City funds during a declared local or state of emergency.
Discussion
Santa Monica has a long-standing comprehensive, coordinated, and interdisciplinary approach to addressing homelessness. These efforts are advanced by non-profit partners; Federal, State, and County governments; and City departments working together to address and prevent homelessness and its impact on the broader community who live, play, and/or work in Santa Monica.
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As part of this coordinated effort, the Santa Monica City Attorney’s Office addresses homelessness through strategies that address root causes of criminal justice involvement. The CAO, in collaboration with the Santa Monica Police Department (SMPD) and the Housing and Human Services Department, developed the SaMo Bridge diversion program proposal in response to the BSCC Prop 47 grant RFP to address unmet behavioral health, substance abuse, and housing needs of justiceinvolved adults in the Santa Monica community. The BSCC awarded Santa Monica full funding for the SaMo Bridge program on October 3, 2024.
The creation of SaMo Bridge builds on the CAO’s current methods of addressing homelessness at multiple points of people’s contact and involvement in the criminal justice system. Current work includes:
• Santa Monica Step Court, funded through a grant from the U.S. Department of Justice Bureau of Justice Assistance. Step Court services are provided by Exodus. Step Court engages with individuals who have misdemeanor cases filed by the CAO’s office. CAO, the Public Defender's office, and Exodus work to connect participants with services that address the root cause of their criminal conduct including mental health, substance abuse, and homelessness. • Alternatives to Incarceration, funded and operated through a partnership with LA County CEO ATI Office. ATI brings Exodus outreach staff into the Santa Monica jail to connect people to social services upon release from jail; offering the option of services in filing their criminal case.
SaMo Bridge brings new resources and options to people with criminal justice system involvement and further extends Santa Monica’s comprehensive approach to addressing homelessness. SaMo Bridge is a no-barrier 24/7 respite hub where SMPD can divert individuals during the pre-arrest, post-arrest, and pre-filing stages of law enforcement contact.
At the respite hub, individuals can address basic needs and enroll in 90-day care coordination plans to secure housing and treatment services. SaMo Bridge participants 5 of 11
will access the respite hub for approximately 24 to 72 hours as their Exodus Case Manager finds temporary housing and treatment services. The City Attorney’s Office will dismiss citations and cases for SaMo Bridge participants who complete their 90-day care plans. The full project description is set forth in the City’s application. See Attachment B – Combined Project Proposal.
Anticipated SaMo Bridge Site
To select the SaMo Bridge respite hub site, staff from the City Attorney’s Office and SMPD assessed 14 properties and facilitated a discussion with 5 departments to identify the most feasible location for SaMo Bridge operations. Cross-department leadership reached consensus that the cement patio area adjacent to the entrance of the Civic Center Auditorium East Wing Civic Center Auditorium is the best location to site SaMo Bridge during the grant period.
Due to the temporary nature of the 3-year grant period and the fact that the Civic property is under consideration for future development that is unlikely to break ground before 3 years, the Civic Center appears to be the most viable candidate to host SaMo Bridge operations.
In the alternative, the parking lot on the corner of Pico Boulevard and Main Street could serve as a location. However, through investigation it was determined that it would require more infrastructure for temporary power and would not have the benefit of activating the area adjacent to the East Wing.
Limited Term Administrative Position
In addition, the grant includes a budget of $584,940 for a limited term administrative position (Senior Legal Analyst-CAO) for legal data analysis, grant implementation, and ongoing grant management. The term of the position would coincide with the term of the grant and be fully funded from the grant.
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Emergency Interim Zoning Ordinance
In order to ensure SaMo Bridge’s respite hub is consistent with the Zoning Ordinance, staff recommends that the City Council introduce and adopt the attached Emergency Interim Zoning Ordinance that would exempt temporary uses located on City-owned property or that utilize City funds from the Zoning Ordinance’s temporary use permit requirements during a declared local or state of emergency. Uses exempt from obtaining a temporary use permit under the IZO would be limited to those that are reasonably related to the protection of life and property as affected by the declared emergency. See Attachment C – Proposed Emergency Interim Zoning Ordinance.
Grant Implementation Next Steps
BSCC Prop 47 grant funding requires SaMo Bridge open for client services by April 2025 and provide services through the end of March 2028. To prepare the program to open in April, staff seeks authority to enter into the following contracts:
Exodus Recovery, Inc.
SaMo Bridge will be operated by Exodus Recovery, Inc., a California based nonprofit.
Exodus will provide Care Managers who conduct outreach in the community, meet participants at SaMo Bridge, and provide ongoing case management and Community Navigators who support the 24/7 operations of the SaMo Bridge respite hub, making it feasible for SMPD officers to make round-the-clock diversion referrals.
Willscot
Willscot will provide temporary trailers for the duration of the grant period. Staff, Exodus, and Willscot collaborated to ensure design of the trailers fits the unique needs of SaMo Bridge. Willscot will service the trailers’ water and waste weekly.
Moss Adams
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The Prop 47 grant requires an evaluation of the effectiveness of the project components through the preparation of a Local Evaluation Plan, due March 28, 2025, quarterly progress reports, and a Final Local Evaluation Report due end of June 2028. The grant also requires a program-specific fiscal compliance audit of the three-year project.
Moss Adams is recommended given the existing evaluation and fiscal services the entity provides to the City.
Elizabeth Anderson Consulting
The CMO established an as-needed grant consulting agreement with EAC in December 2023 and EAC was tasked with supporting the CAO in preparing and submitting the City’s SaMo Bridge proposal. EAC will continue to provide grant consulting, compliance, and project management services for the duration of the grant period.
BSCC-Required Community Engagement
Ongoing, the City Attorney’s Office will collaborate with the community on SaMo Bridge through two different methods. (1) Per the Prop 47 grant funding requirements, the CAO has established a Prop 47 Local Advisory Committee which includes representatives from multiple city departments, city contracted social service partners, and community stakeholders with expertise in human services and criminal justice reform. Committee members have been instrumental in: identifying and prioritizing the most pressing needs to be addressed (including target population, target area, etc.); identifying the strategies, programs, and/or services to be implemented to address those needs; developing the grant project; and will support the ongoing implementation of the grant project. (2) Also per the grant requirements, the CAO will host regular community meetings to gather ongoing feedback and share non-confidential updates from the Proposition 47 Local Advisory Committee.
Exception to the Competitive Bidding Process
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Consistent with the 2024 Proclamation of the City Council Declaring a Local Emergency on Homelessness adopted by the City Council on May 24, 2024, the contract awards qualify as emergency purchases pursuant to SMMC 2.24.240(a) and subsequently are recommended as exceptions to the competitive bidding process pursuant to SMMC
2.24.250(i).
Environmental Review
The operation of the SaMo Bridge program and the adoption of the emergency interim zoning ordinance would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. The grant funding provides administrative services to participants, and therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment.
Additionally, the adoption of the emergency interim zoning ordinance to exempt this temporary use from a Temporary Use Permit only affects the process why which such use would be authorized and therefore, it can be seen with certainty the emergency IZO would not result in adverse physical impacts on the environment. Operation of the program within small, temporary leased trailers would be exempt pursuant to Section 15303 (New Construction and Conversion of Structures) of the CEQA Guidelines.
Section 15303 exempts limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. Therefore, use of the temporary leased trailers would be exempt pursuant to Section 15303 of the CEQA Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve use of available funds from the Miscellaneous Grants Fund through the Prop 47 grant to negotiate and enter into contracts with the following entities:
Contract Agreement Requests
Vendor Service FY 24-25 Future Acct No. Total
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Estimate Years Contract
Amount
Exodus Operations $1,500,000 $4,099,582 20120001.556730 $5,599,582 Willscot Mobile
Trailers $275,000 $375,000 20120001.556730 $650,000
Moss
Adams
Program
evaluation
and fiscal
audit
services
$85,000 $265,000 20120001.556730 $350,000
Elizabeth
Anderson
Consulting
Grant
Consulting
Services
$60,000 $165,000 20120001.556730 $225,000
TOTAL $1,920,000 $4,904,582 $6,824,582
Funding and Staffing Recommendations
If the additional limited-term staff position noted above is approved, the following budget and position changes are required. The prorated cost of the recommended staffing change for this fiscal year is approximately $85,475. The change would not have an impact on the General Fund, as it would be funded by the Miscellaneous Grants Fund.
Future year funding is contingent on Council budget approval.
FY 2024-25 Budget Amendment
Appropriate Budget
Fund Department Account Amount
General Fund City Attorney 01120001.51xxxx $85,475
Non-Departmental 01800001.69xxxx ($85,475)
Misc. Grants Non-Departmental 20800002.69xxxx $85,475
FY 2024-25 Position Changes
Fund Department FTE Title Reason
General Fund* City Attorney 1.0 Senior Legal Analyst-CAO (3 year limited term)
Add
*To be reimbursed through an inter-fund transfer from the Miscellaneous Grants Fund. 10 of 11
The BSCC Prop 47 grant was awarded for a three-year period, ending in 2028.
However, the grant could be cancelled by BSCC during that time if the BSCC lacks sufficient funds for the grant program. The Prop 47 grant program is funded by the annual transfer of savings generated by Proposition 47. On or before July 31 of each fiscal year, the California Department of Finance calculates the State savings associated with Proposition 47. Remaining funds in the grant budget are primarily expected to be expended for the additional administrative position in the Criminal Unit as well as miscellaneous services and supplies. To the extent any of those services or supplies require agreements that exceed the City Manager’s purchasing authority, staff will return to the City Council for approval.
Future year funding is contingent on Council budget approval. Should future funding not be available through the BSCC grant, staff would seek alternate funding to continue the program.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. A-Resolution No. 11629 (CCS)
B. B-Combined Project Proposal
C. C-Proposed Emergency Interim Zoning Ordinance
D. E. Anderson-Levine Act FY24-25
E. E. Anderson-Living Wage FY24-25
F. E. Anderson-Oaks FY24-25
G. Exodus-Living Wage FY24-25
H. Exodus-Oaks FY24-25
I. Moss Adams-Levine FY24-25
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J. Moss Adams-Living Wage 24-25
K. Moss Adam-Oaks FY24-25
L. PowerPoint Presentation