1 December 17, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 17, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:38 p.m., on Tuesday, December 17, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and 10 Sibonne RD, Grace Bay, Turks and Caicos TKCA 1ZZ.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis (Remote)
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell (Absent)
Councilmember Natalya Zernitskaya
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 5:38 p.m., with all members present except Councilmember Snell. Councilmember Zernitskaya led the assemblage in the Pledge of Allegiance.
STATEMENT OF
ACCOUNTABILITY
(LAND
ACKNOWLEDGEMENT)
The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.
We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them. The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.
The land acknowledgement was recited.
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 Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 2 December 17, 2024
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.
No Councilmembers recused themselves pursuant to the Levine Act.
GENERAL PUBLIC
INPUT:
Members of the public Zoe Muntaner, Denise Barton, Johnathan Foster, David Whatley, Harvey Eder, Monica and Jerry Rubin commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Zoe Muntaner, Maria Loya, Oscar de la Torre (time donated by Gina de Baca), Eve Lopez (time donated by Amaya Lopez), Johnathan Foster, David Whatley, Harvey Ederand Jerry Rubin commented on Closed Session items.
No members of the public commented on Special Agenda items.
Member of the public Denise Barton commented on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
3.A. City Manager Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:25 p.m., to consider Closed Sessions and returned at 9:04 p.m., with all members present except Councilmember Snell, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Maria Gonzalez v. City of Santa Monica, et al.; LASC Case No. 23SMCV01759
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): Pico Neighborhood Association and Maria Loya v. City of Santa Monica; LASC Case No. BC616804
The City Attorney advised this matter was heard with no reportable action taken.
Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 3 December 17, 2024
4.C. Public Employee Appointment – Gov. Code § 54957(b): Consider public employee appointment; title: City Manager/Interim City Manager; Gov. Code § 54957.6: Conference with labor negotiator; City negotiator: Mayor/Personnel Director; unrepresented employee: City Manager/Interim City Manager
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): Lucinda Manera v. City of Santa Monica; LASC Case No. 21STCV43159 [report out only]
The City Attorney advised that this was a personal injury case settled for $550,000. Council approved Settlement Agreement No. 11685 (CCS) at the October 22, 2024, Council meeting with a vote of 7-0.
4.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Elroy W. McCrary, Jr. v. City of Santa Monica; LASC Case No. 23SMCV03343 [report out only]
The City Attorney advised that this was a personal injury case settled for $500,000. Council approved Settlement Agreement No. 11686 (CCS) at the October 22, 2024, Council meeting with a vote of 7-0.
4.F. Conference with Real Estate Negotiator pursuant to Government Code § 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; Owner of Record: City of Santa Monica; Persons to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; Under negotiation: Price and Terms of Payment for Lease The City Attorney advised this matter was heard with no reportable action taken.
REPORT ON COUNCIL
TRAVEL
Mayor Negrete reported that she traveled to Tampa, Florida for the National League of Cities City Summit November 13th – 16th.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Nikima S. Newsome announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.
CONSENT CALENDAR:
JOINT MEETING WITH
There being a Consent Calendar for the City Council and the Redevelopment Successor Agency, on order of the Mayor, with consensus of the Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 4 December 17, 2024
THE REDEVELOPMENT
SUCCESSOR AGENCY
Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 9:15 p.m., and the two Consent Calendars were heard concurrently, with all members present except Councilmember Snell.
All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Agency/Councilmember Raskin, Item 5.C. was removed from the Consent Calendar.
Motion by Chair Pro Tem/Mayor Pro Tem Torosis, seconded by Agency/Councilmember Hall, 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: Agency/Councilmembers Zernitskaya, Raskin, Hall, Zwick, Chair Pro Tem/Mayor Pro Tem Torosis, Chair/Mayor Negrete NOES: None
ABSENT: Agency/Councilmember Snell
MINUTES 5.A. Approval of Minutes of the City Council - Special Meeting - Apr 23, 2024, was approved.
MINUTES 5.B. Approval of Minutes of the City Council - Regular Meeting - Nov 11, 2024, was approved.
HEARING EXAMINER
SERVICES
5.D. Award Contract No. 11650 (CCS) to Nastich Law for Parking Citations Hearing Examiner Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the contract is not a project subject to the California Environmental Quality Act (CEQA);
2. Award RFP# 426 to Nastich Law, a Professional Corporation (“Nastich Law”) for parking citation hearing examiner services for the Department of Transportation;
3. Authorize the City Manager to negotiate and execute an agreement with Nastich Law, in an amount not to exceed $240,000 for three years with two one-year renewal options in the amount of $176,000 on the same terms and conditions for a total amount not to exceed $416,000 over a five-year period, with future year funding contingent on Council budget approval.
3200 AIRPORT AVE 5.E. Approval of Lease with NEON Rated for 3200 Airport Ave and Associated Contract Modifications with Corporate Realty Group and Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 5 December 17, 2024
Swinerton Builders, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines;
2. Authorize the City Manager to negotiate and execute Lease Agreement No. 11651 (CCS) with NEON Rated, LLC, dba
(“NEON”), a California-based company for general office and administrative uses located at 3200 Airport Avenue;
3. Authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 11419 (CCS) in the amount of $251,565 with Corporate Realty Group (“CRG”) for commercial real estate broker services associated with these negotiations. This would result in a 5-year amended agreement with a new total amount not to exceed $3,675,462 with future year funding contingent on Council budget approval;
4. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11365 (CCS) in an amount not to exceed $2,500,000 (including contingency) with Swinerton Builders (“Swinerton”) for costs associated with additional scope required for tenant improvements related to lease negotiations at 3200 Airport Avenue for the Public Works Department. This would result in an amended agreement with a new total amount not to exceed $12,084,792 with future year funding contingent on Council budget approval;
5. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and
6. Authorize budget amendments as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
CONSTRUCTION
SERVICES
5.F. Award Bids and Master Service Agreements for Construction Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301 and Section 15302 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #SP2524-2024 to fifteen California-based general contractors as follows; CSI Electrical Contractors Inc, DECOMA Industries, Estate Design and Construction, Global Builders Inc, Jilk Heavy Construction, Metro Builders & Engineers, Olympos Construction, Inc., Omega Construction Company, Palp Inc. dba Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 6 December 17, 2024
Excel Paving Company, RAMCO General Engineering, Sully Miller Contracting, Swinerton, Tiger Construction, Waisman Construction, W.A Rasic Construction; to provide as-needed construction, maintenance, or repair services on various projects for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute as-needed services Agreement No. 11652 (CCS) through No. 11666 (CCS) with fifteen general contractors as follows; CSI Electrical Contractors Inc, DECOMA Industries, Estate Design and Construction, Global Builders Inc, Jilk Heavy Construction, Metro Builders & Engineers, Olympos Construction, Inc., Omega Construction Company, Palp Inc. dba Excel Paving Company, RAMCO General Engineering, Sully Miller Contracting, Swinerton, Tiger Construction, Waisman Construction, W.A Rasic Construction; in an amount not to exceed $5,000,000 for each agreement, over a five-year period, subject to Council budget approval projects and project funding.
BUILDING
AUTOMATION
SOFTWARE
5.G. Award Contract No. 11667 (CCS) to Siemens Industry, Inc. to Provide Building Automation System Software Maintenance, Repairs, and Upgrades, 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. 11667 (CCS) with Siemens Industry, Inc. to provide building automation system software maintenance, repairs and upgrades, in an amount not to exceed $750,000 over a five-year period with future year funding contingent on Council budget approval.
TRAFFIC SIGNAL
CONTROLLER
SOFTWARE
5.H. Approval of contracts for operation and maintenance of traffic signal controller software, traffic signal central software, vendor cloud services, and support services for migration to current versions of software, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the contract is not a “project” subject to the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute Software Maintenance Agreement No. 11668 (CCS) including vendor cloud hosting with Q-Free America, Inc. and Contractual Services Agreement No. 11669 (CCS) with Control Tech West, Inc., for maintenance of the City’s traffic signal system for the Department Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 7 December 17, 2024
of Transportation. This 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 $270,450 with future year funding contingent on Council budget approval.
BUILDING
MAINTENACE
5.I. Award Construction Contract for Department of Transportation Maintenance Building Resinous Flooring Replacement and Award Construction Management Contract for Maintenance Building Resinous Flooring Replacement, Propulsion Infrastructure, Facilities Greening, and Administration Building Tier 2 Seismic Retrofit Projects, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301 (Existing Facilities) and 15302
(Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #SP2713 to Stonhard, Division of Stoncor Group, Inc., for the SMDOT Maintenance Building Resinous Flooring
Replacement Improvements Project for the Public Works
Department;
3. Award Request for Proposal (RFP) SP#2713, SP#2720, SP#2577 and SP#2575 to Wildan Engineering to provide construction
management and observation services for the SMDOT Maintenance Building Resinous Flooring Replacement Improvements Project, SMDOT Propulsion Infrastructure Project, SMDOT Facilities Greening Project and SMDOT Administration Building Tier 2 Seismic Retrofit Project for the Public Works Department;
4. Authorize the City Manager to negotiate and execute Contract No. 11670 (CCS) with Stonhard, Division of Stoncor Group, Inc., in an amount not to exceed $1,441,000 (including a 10% contingency);
5. Authorize the City Manager to negotiate and execute Construction Management Agreement No. 11671 (CCS) with Wildan Engineering in an amount not to exceed $1,026,148 for a term of five years; and
6. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
FIRE DEPARTMENT
UNIFORMS
5.J. Award Bid No. 4486 to On Duty Uniforms, Inc. and Purchase Order to Galls, LLC for the Purchase and Delivery of Uniforms for the Fire Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4486 to vendor On Duty Uniforms, Inc. for the purchase and delivery of uniforms for the Santa Monica Fire Department; Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 8 December 17, 2024
2. Authorize the Procurement Manager to issue a purchase order with On Duty Uniforms, Inc. for the purchase and delivery of uniforms in an amount not to exceed $300,000 over a term of five years, with future years funding contingent on Council budget approval;
3. Authorize the Procurement Manager to issue a purchase order with Galls, LLC for the purchase and delivery of uniforms in an amount not to exceed $115,000 over a term of five years, with future years funding contingent on Council budget approval; and
4. Adopt a finding that the purchase orders are not subject to the California Environmental Quality Act (CEQA).
CCTV EQUIPMENT 5.K. Award Bid and Enter into Agreement No. 11672 (CCS) with Convergint Technologies LLC for Closed Circuit Television Camera (CCTV) Equipment for the Police Department, 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 Bid # 4490 to Convergint Technologies LLC for the purchase, installation, repair, and maintenance of CCTV cameras for the Police Department; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11672 (CCS) with Convergint Technologies LLC, in an amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.
VIDEO ANALYTICS
PLATOFRM
5.L. Award Proposal and Enter into Agreement No. 11673 (CCS) with SurveillanceGRID Integration Inc. for Investigative and Real-Time Video Analytics Platform, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award the contract for RFP #418 to SurveillanceGRID Integration Inc. for services related to the development of an investigative and real-time video analytics platform for the Police Department.
2. Authorize the City Manager to negotiate and execute Agreement No. 11673 (CCS) with SurveillanceGRID Integration Inc. in an amount not to exceed $716,562 over a three-year period, with future year funding contingent on Council budget approval.
3. Adopt a finding that the agreement is not a “project” subject to the California Environmental Quality Act.
GRANT FUNDS 5.M. Accept 2023 State Homeland Security Program (SHSP) Grant Funds and Approve Second Modification to Agreement with Fire Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 9 December 17, 2024
Resources, LLC, 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 accept a grant awarded in the amount of $880,000 from the federal Department of Homeland Security for the 2023 State Homeland Security Program grant in the Fire Department and City Manager’s Office, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications;
4. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11339 (CCS) in the amount of $185,000 with Fire Resources, LLC to assist the Los Angeles Area Fire Chief’s Association Regional Training Group hosted by the Santa Monica Fire Department. This will result in a five-year amended agreement with a new total amount not to exceed $740,000, with future year funding contingent on the availability of grant funds and Council budget approval; and
5. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
PIER AQUIARIUM
EDUCATIONAL
CONSULTING SERVICES
5.N. Award Agreement No. 11674 (CCS) to Heal the Bay for Santa Monica Pier Aquarium Educational Consulting Services and Administering the Coastal Cleanup Day Activities, 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) and a finding of Categorical Exemption pursuant to Section 15307 of the California Environmental Quality Act (CEQA) guidelines; and
2. Authorize the City Manager to negotiate and execute Agreement No. 11674 (CCS) with Heal the Bay, a California-based non-profit organization, for Santa Monica Pier Aquarium educational consulting and technical advisory services and programming, and to administer the annual Coastal Cleanup Education for the Public Works Department.
3. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a fiveyear agreement, not to exceed $250,000, with future year funding contingent on Council budget approval.
Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 10 December 17, 2024
TENNIS INSTRUCTION 5.O. Approval of Modifications to Recreational Services Agreements To Provide Revenue Supported Tennis Instruction, 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 second modification to Agreement No. 11675 (CCS), formerly agreement #4932, in the amount of $150,000 with Richard Goldenson, a California-based company, to provide revenue supported tennis instruction. This will result in a 3-year amended agreement with a new total amount not to exceed $399,000; and,
3. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11676 (CCS), formerly agreement #4938, in the amount of $125,000 with Damian Mooney, a
California-based company, to provide revenue supported tennis instruction. This will result in a 3-year amended agreement with a new total amount not to exceed $374,000; and,
4. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11677 (CCS), formerly agreement #4929, in the amount of $125,000 with Peter Fox, a California-based company, to provide revenue supported tennis instruction. This will result in a 3-year amended agreement with a new total amount not to exceed $374,000.
AGENDA
MANAGEMENT
SERVICES
5.P. Approval of Seventh Contract Modification with
Carahsoft/Granicus for Electronic Agenda Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a seventh modification to Agreement No. 9784 (CCS) in the amount of $14,050 with Carahsoft/Granicus for an agenda management software system for the Records and Election Services Department. This will result in a 12.5-year amended agreement with a new total amount not to exceed $257,550, with future year funding contingent on Council budget approval; 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.
MENTAL HEALTH AND
WELLNESS ACT GRANT
5.Q. Authorization to Accept the U.S. Department of Justice's FY2024 Law Enforcement Mental Health and Wellness Act Grant, was approved.
Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 11 December 17, 2024
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $200,000 from the U.S. Department of Justice’s Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant Program for mental health support in the Police Department, and to accept all grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.
3. Adopt a finding that the award grant is not a project subject to the California Environmental Quality Act
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
POLICE DEPARTMENT
EQUIPMENT
5.R. Award an Agreement with Axon Enterprises, Inc. for Taser Devices for the Police Department, 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. 11678 (CCS) with Axon Enterprises, Inc. for Taser 10 devices for the Police Department. This recommended award is made as an exemption to the competitive bidding process pursuant to Section
2.24.250 (c) and is for a total amount not to exceed $1,840,000 over a five-year period, with future year funding contingent on Council budget approval.
HARZARDOUS WASTE
SERVICES
5.S. Approval of Fourth Contract Modification with Clean Earth Environmental Solutions, Inc. for Hazardous Waste Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) guidelines; and
2. Authorize the City Manager to negotiate and execute a fourth modification to Agreement No. 11051 (CCS) in an amount not to exceed $1,118,000 with Clean Earth Environmental Solutions, Inc. for hazardous waste services for the Public Works Department. This will result in a five-year amended agreement with a new total amount Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 12 December 17, 2024
not to exceed $2,198,000, with future year funding contingent on Council budget approval.
PROFESSIONAL
SERVICES
5.T. Approval of Fourth Modification to Contract with JAS Pacific, Inc. for Professional 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. Authorize the City Manager to negotiate and execute a fourth modification to Agreement No. 10637 (CCS) in the amount of $350,000 with JAS Pacific, Inc. for seismic plan review services for the Community Development Department. This will result in an eight-year amended agreement with a new total amount not to exceed $975,000, with future year funding contingent on Council budget approval.
LIVING WAGE
ORDINANCE
5.U. Second Reading and Adoption of Ordinance No. 2795 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 4.65.030 TO PROVIDE A TEMPORARY EXEMPTION FOR
EMERGENCY AMBULANCE AND BILLING SERVICES,” was
adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
CITY TIMEKEEPING
DEVICE MAINTENANCE
5.V. Approval of First Modification to Agreement No. 11411 (CCS) with UKG (Kronos, Inc.) for Hardware Maintenance 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. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11411 (CCS) in the amount of $37,211 (including a $3,383 contingency) with UKG (Kronos Inc.) to provide hardware maintenance services for City timekeeping devices. This will result in a five-year amended agreement with a new total amount not to exceed $3,462,672, with future year funding contingent on Council budget approval.
Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 13 December 17, 2024
ONBOARD PLATFORM
SERVICES
5.W. Approval of Modification to Agreement Between the City of Santa Monica and NEOGOV To Add NEOGOV'S Onboard Platform Service
Recommended Action
Staff recommends that the City Council
1. Adopt a finding that the proposed modification to the existing agreement between the City and Governmentjobs.com (dba
NEOGOV) is not subject to CEQA because the proposed
modification is not a “project” pursuant to Section 21065 of the CEQA Guidelines.
2. Adopt a finding that the proposed modification is not subject to CEQA because it is not a “project” pursuant to Section 15378(b) of the CEQA Guidelines.
3. Authorize the City Manager to negotiate and execute a fourth modification of Agreement No. 10257 (CCS) with NEOGOV, to provide Human Resources access to NEOGOV’s onboarding
platform service, increase the contact price to pay for the additional service, and add provisions to the existing agreement pertaining to the protection of personal identifying information that is stored and maintained by NEGOV. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(b). This will result in an amended agreement with a new total amount not-to-exceed $459,655, with future year funding contingent on Council budget approval.
ANNUAL HOUSING
REPORT
5.X. Annual Report on Low-Mod Income Housing Asset Fund, was presented.
Recommended Action
Staff recommends that the Redevelopment Successor Agency:
1. Receive the Annual Report on the Low- and Moderate-Income Housing Asset Fund for Fiscal Year 2023-24 and authorize the City Manager to post the report on the City's website by December 31, 2024; and
2. Direct the City Manager to present the independent audit of the Lowand Moderate-Income Housing Asset Fund to the City Council upon completion of the independent audit of the City’s Annual Comprehensive Financial Report (ACFR) and authorize the City Manager to post the results of the audit on the City's website after presentation to City Council.
RECOGNIZED
OBLIGIATION
PAYMENT SCHEDULE
5.Y. Approval of Annual Recognized Obligation Payment Schedule (ROPS), was presented.
Recommended Action
Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 14 December 17, 2024
Staff recommends that the Redevelopment Successor Agency:
1. Adopt Resolution No. 45 (SA) and No. 46 (SA) approving the Agency’s recognized obligation payment schedule and
administrative budget for July 1, 2025 through June 30, 2026.
2. Adopt a finding that the recognized obligation payment schedule is not a “project” subject to the California Environmental Quality Act (CEQA).
MINUTES 5.Z. Minutes for Redevelopment Successor Agency Meeting, were approved.
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the February 13, 2024 meeting.
PURCHASE OF
ELECTRIC BUSES
(Councilmember Raskin left
the dais at 9:16 P.M.)
5.C. Approval of Agreement No. 11364 (CCS) Modification with Gillig LLC to Purchase Thirty 40-foot Battery Electric Buses, was presented.
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 City Manager to negotiate and execute a first modification to Agreement No. 11364 (CCS) in the amount of $46,800,876 with Gillig, LLC to furnish and deliver up to thirty 40- foot battery electric buses to the Santa Monica Department of Transportation and authorize a notice to proceed to Gillig, LLC in reference to the agreement. This will result in an amended agreement with a new total amount not to exceed $64,948,546, with future year funding contingent on Council budget approval.
Questions asked and answered of staff included: are these buses compatible with UCLA’s pilot inground charging on Westwood Blvd and if not, could they be in the future.
Motion by Councilmember Zwick, seconded by Councilmember Zernitskaya, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmembers Raskin and Snell
Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 15 December 17, 2024
ADJOURNMENT OF
JOINT MEETING
(Councilmember Raskin
returned at 9:19 P.M.)
On order of the Chair/Mayor, the joint meeting with the Redevelopment Successor Agency was adjourned at 9:19 p.m., and the regular meeting of the City Council was reconvened, with all members present except Councilmember Snell.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Denise Barton and Taylor Megdal commented on item
10.A.
Members of the public Denise Barton, Christine Parra, Dima Volovik (time donated by Lauralee Asch), Lisa Jimenez, Allison Schallert, Corin Kahn, Ralph Mechur, Steph and Michael Soloff commented on item 11.A.
Member of the public Cris Gutierrez commented on item 16.L.
Members of the public Jerry Rubin and Johnathan Foster commented on item
16.M.
Member of the public Denise Barton commented on item 16.N.
Members of the public Christine Parra and Brad Ewing commented on item
16.O.
ORDINANCES:
CANNABIS RETAILER
OPERATING HOURS
10.A. Introduction and First Reading of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance 2764 (CCS) and Extended by Interim Zoning Ordinance 2770 (CCS) to Extend the Operating Hours for the City’s Existing Cannabis Retailers Consistent with State Law, 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 an Interim Zoning Ordinance amending interim zoning regulations established by Interim Zoning Ordinance No. 2764 (CCS) and extended by Interim Zoning Ordinance No. 2770 (CCS) to extend the operating hours for the City’s existing cannabis retailers consistent with State law.
Considerable discussion ensued on topics including, but not limited to the possibility of changing the opening time to 6:00 a.m. to match the state guidelines.
Motion by Councilmember Zernitskaya, seconded by Mayor Negrete, to Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 16 December 17, 2024
introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Zernitskaya,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Snell
SAMO BRIDGE
PROGRAM
10.B. 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, was presented.
Recommended Action
Staff recommends that the City Council:
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.
1. 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
2. Authorize the City Manager to negotiate and execute Agreement No. 11679 (CCS) 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.
3. Authorize the City Manager to negotiate and execute Agreement No. 11680 (CCS) 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.
4. Authorize the City Manager to negotiate and execute Agreement No. 11681 (CCS) 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.
5. Authorize the City Manager to negotiate and execute Agreement No. 11682 (CCS) with Elizabeth Anderson Consulting (EAC) for grant Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 17 December 17, 2024
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.
6. 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.
7. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Questions asked and answered of staff included: is the funding coming from the general fund; how are clients referred to the program; who can be served; what is the lifecycle of the trailers; is there a line item for funding repairs if the grant funds are expended; does the grant funding cover the limited term staff position or will the City need to supplement; is the difference in the awarded amount versus the total amount of the contracts to account for any potential cost overruns; will the security guards be armed; and how will the seats for the Prop 47 Local Advisory Committee (LAC) be advertised.
Motion by Councilmember Zernitskaya, seconded by Councilmember Zwick, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Raskin, Hall, Zwick
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Snell
STAFF
ADMINISTRATIVE
ITEMS:
DEVELOPMENT AND
DISPOSITION
AGREEMENTS
11.A. Approve Deal Terms and Authorize Development and
Disposition Agreements (DDAs) and Ground Leases for 1217 Euclid Street, 1211-1217 Fourteenth Street, and 1402 Wilshire Boulevard, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute Ground Lease Agreement No. 11683 (CCS) with a fifty-five (55) year term, with two options to extend by twenty-two (22) years each, and Disposition and Development Agreement (DDA) No. 11684 (CCS) with Hollywood Community Housing Corporation (HCHC) for development and operation of affordable housing on City-owned property located at 1217 Euclid Street;
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2. Authorize the City Manager to negotiate and execute Ground Lease Agreement No. 11685 (CCS) with a fifty-five (55) year term, with two options to extend by twenty-two (22) years each, and a Disposition and Development Agreement (DDA) No. 11686 (CCS) with HCHC for development and operation of senior affordable and senior permanent supportive housing at 1211-1217 Fourteenth Street on property to be acquired by HCHC at 1402 Wilshire Boulevard and deeded to the City;
3. Declare 1402 Wilshire Boulevard “exempt surplus land” as defined in Government Code Section 54221(f) upon the City receiving fee title to the site at closing of construction financing;
4. Adopt Resolution No. 11637 (CCS) declaring 1402 Wilshire Boulevard as exempt surplus land, contingent upon HCHC acquiring the site and transferring fee title to the City at closing of construction financing, and authorize the City Manager to take actions necessary to comply with the Surplus Land Act (Government Code sections 54220 et seq.;
5. Authorize the City Manager to submit the report of declared exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law;
6. Authorize the City Manager to negotiate and execute all necessary documents to make a Housing Trust Fund loan to HCHC in an amount consistent with the Housing Trust Fund Guidelines loan limits;
7. Provide direction to staff regarding public replacement parking including any City investment from the Housing Trust Fund;
8. Adopt a finding that the actions to approve the Ground Leases and DDAs for the Developments are exempt from CEQA pursuant to CEQA Guidelines Section 15182 and a finding that the
Developments have been previously analyzed in the 6th Cycle Housing Element Environmental Impact Report (SCH#
2020100575).
Questions asked and answered of staff included: will the Housing Trust get the difference back once the funding gap reduced and the loan is paid down; will the good neighbor agreement be incorporated into the DDA; will there be continual security plan after the one-year agreement ends with HCHC; what will the process be to ensure both the City and HCHC are responsive to the concerns of residents with this project when they arise; why is an Affordable Housing and Sustainable Communities (AHSC) Fund grant funding no longer being pursued as an option for this project; options for replacement parking, allowing parking available at night to residents to be made available during the day for short term parking; permitting perpendicular parking on the street; the ability to do back in angular parking; what is the cost of a study to evaluate perpendicular parking; what is the plan Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 19 December 17, 2024
for lighting for the building; has outreach been conducted to the neighbors in the area concerning the lighting plan; when will the regulatory agreement be assigned; will the terms be approved as part of the DDA this evening; what is the current length of the affordable housing wait list; are any materials being modified or will any of the current renderings be changed; operational impacts concerning alley way usage; is the cost for parking a justifiable expenditure given the utilization in the area; is there any opportunity to lower any of the costs of the project; can GoSaMo Transportation Management Organization engage with residents to incentivize them to use more mass or micro transportation; angles to the curb for perpendicular parking; can the perimeter fence be created in a way that doesn’t appear unwelcoming while still providing security; concerns about the aesthetics of the building matching the surrounding area and the purpose of the screen; and how will the good neighbor agreement be solidified and will more outreach be conducted particularly to businesses; and comparable parking studies in other areas to determine parking needs for this project.
Considerable discussion ensued on topics including, but not limited to options to extend the security agreement; direction to staff to include language concerning the good neighbor agreement; evaluation of options for perpendicular parking and how much more parking it would yield; and bringing back safety concerns to Council within the nine months from the point at which the project is fully leased to determine if the security agreement needs to be extended.
Motion by Councilmember Zwick, seconded by Mayor Pro Tem Torosis, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Snell
CONTINUE MEETING Motion by Councilmember Zwick, seconded by Councilmember Hall, to continue past 11:00 p.m. The motion was approved unanimously by roll call vote with all members present except Councilmember Snell.
PUBLIC HEARINGS:
BONDS ISSUANCE
12.A. Public Hearing and Adoption of Resolution No. 11638 (CCS) to issue Bonds for the Benefit of 710 Broadway Affordable, was heard and adopted.
Recommended Action
Staff recommends that the City Council:
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1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended;
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; and
3. Adopt Resolution No. 11638 (CCS) approving the issuance of California Municipal Finance Authority bonds in an amount not-toexceed $350,000,000 for the benefit of 710 Affordable LP or a related or successor entity for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 710 Broadway, Santa Monica.
No members of the public spoke to the recommended action.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Raskin, Hall, Zwick,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Snell
COUNCILMEMBER
DISCUSSION ITEMS:
In accordance with Council Rule 6(x), all Councilmember Discussion items may be considered and approved in one motion unless removed by a Councilmember for discussion.
Items 16.G., 16.H., 16.I., 16.J., 16.K., 16.L., 16.M., 16.N., and 16.O. were removed and considered separately in accordance with Council Rule 6(x)
SANTA MONICA PIER
CORPORATION
16.A. Recommendation to accept Dan Hall's resignation from the Santa Monica Pier Corporation and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to accept the resignation with regret.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
TRANSIENT
OCCUPANCY TAX
ADVISORY COMMITTEE
16.B. Recommendation to accept Natalya Zernitskaya's resignation from the Transient Occupancy Tax Advisory Committee and authorize the City Clerk to publish the vacancy, was presented.
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Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to accept the resignation with regret.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
PERSONNEL BOARD 16.C. Recommendation to accept Jason Brown's resignation from the Personnel Board and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to accept the resignation with regret.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
SANTA MONICA
TRAVEL AND TOURISM
BOARD
16.D. Recommendation to accept Kera Blades-Snell's resignation from the Santa Monica Travel and Tourism Board and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to accept the resignation with regret.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
RECREATION AND
PARKS COMMISSION
16.E. Recommendation to accept Andrew Gomez's resignation from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to accept the resignation with regret.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
16.F. Recommendation to accept Derek Devermont's resignation from the Public Safety Reform and Oversight Commission and authorize the City Clerk to publish the vacancy, was presented.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to accept the resignation with regret.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
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AUDIT SUBCOMMITTEE 16.G. Appointments to Vacant Seats on the Audit Subcommittee, were continued to the January 28, 2025 meeting.
WESTSIDE CITIES
COUNCIL OF
GOVERNMENTS
16.H. Designate a Councilmember as a Governing Board
Representative to the Westside Cities Council of Governments (COG) and designate an Alternate Governing Board Representative. The Joint Powers Authority and By-laws require each City Council to designate one of its Councilmembers as a Governing Board Representative and one Councilmember as an Alternate Governing Board Representative, was continued to the January 28, 2025 meeting.
DESIGNATION OF
VOTING DELEGATE
16.I. Designation of City's voting delegate and alternate to Southern California Association of Governments (SCAG) 60th Annual Regional Conference and General Assembly Business Meeting from May 1-2, 2025 at the JW Marriott Desert Springs Resort & Spa in Palm Desert, CA, was continued to the January 28, 2025 meeting.
INDEPENDENT CITIES
ASSOCIATION
16.J. Designation of a Councilmember to the Independent Cities Association (ICA), was continued to the January 28, 2025 meeting.
DESIGNIATION OF
VOTING DELEGATE
16.K. Designation of voting delegate and alternate(s) for the CalCities Annual Conference and Expo, to be held October 8-10, 2025, in Long Beach, California, was continued to the January 28, 2025 meeting.
BOARD OF CLEAN
POWER ALLIANCE
16.L. Designation of a representative to serve as a director of the Board of Clean Power Alliance. The Joint Powers Authority requires the governing body of a member agency to appoint and designate, in writing, one Regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority and up to two Alternate Directors who may vote on matters when the Regular Director is absent. The person appointed and designated as the Director shall be an elected or appointed member of the governing body of the Party. The alternate directors may be a Councilmember, City staff member, member of an advisory body to the council, or member of the public with demonstrated knowledge in energy-related matters through significant industry, regulatory, academic, or non-profit experience, was presented.
Motion by Councilmember Zwick, seconded by Councilmember Zernitskaya, to appoint Mayor Pro Tem Torosis as the Regular Director and Gleam Davis and Pam O’Connor as the Alternate Directors.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
RULES OF ORDER AND
PROCEDURES
16.M. Request of Councilmembers Hall and Raskin, and Mayor Pro Tem Torosis that the City Attorney, City Clerk, and City Manager Docusign Envelope ID: 377AA57A-A60D-40AC-9025-A81C645EEB61 23 December 17, 2024
update the Rules of Order and Procedure for the Conduct of City Council Meetings and Councilmembers, was presented.
Motion by Councilmember Raskin, seconded by Councilmember Zwick, to approve the item.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
PRESIDENTIAL
TRANSITION
16.N. Request of Mayor Pro Tem Torosis, Councilmember Zwick and Mayor Negrete that the City Attorney and City Manager prepare the City of Santa Monica for the Presidential Transition, was presented.
Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to approve the item.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
ORDINANCE PROPOSAL 16.O. Request of Councilmembers Zwick, Zernitskaya, and Mayor Pro Tem Torosis that, in order to reduce the time and cost associated with developing new housing in the City, the City Council direct the City Manager and City Attorney to return with an ordinance by April 30, 2025 that allows all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all non-residential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located, was presented.
Motion by Councilmember Zernitskaya, seconded by Councilmember Zwick, to approve the item.
The motion was approved unanimously by roll call vote, with all members present except Councilmember Snell.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:30 a.m. in memory of Marc Haefele and Nelly Gomez.
ATTEST: APPROVED:
Nikima S. Newsome Lana Negrete
City Clerk Mayor
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