1 April 22, 2025
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 22, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:30 p.m., on Tuesday, April 22, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: Interim City Manager Elaine Polachek
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present. Councilmember Snell 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 City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Zernitskaya.
LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a 2 April 22, 2025
DISCLOSURE permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 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 made any Levine Act disclosures.
AGENDA
MANAGEMENT
Mayor Negrete announced that Item 4.J. had been pulled from the agenda at the request of staff.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
Motion made by Mayor Negrete, seconded by Councilmember Hall, to suspend Council rule 6.g. to allow more than two proclamations to be heard on one agenda. Motion passed by unanimous voice vote with all members present.
2.A. 2025 City Clerk Week Proclamation, was presented.
2.B. Proclamation: Asian American Pacific Islander Heritage Month, was presented.
2.C. Proclamation: National Water Safety Month, was presented.
PUBLIC INPUT FOR
SPECIAL AGENDA
ITEMS, CONSENT
CALENDAR AND
CLOSED SESSION ONLY:
No members of the public commented on Closed Session items.
No members of the public commented on Special Agenda items.
Members of the public Denise Barton, Harvey Edder, and Davon Morgan commented on consent calendar items.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Councilmember Raskin, Item 4.I. was removed from the Consent Calendar for discussion and Item 4.L. for recusal.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell, to approve the Consent Calendar except for Items 4.I. and 4.L., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, 3 April 22, 2025
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
SOLID WASTE
TRANSFERRING
SERVICES
4.A. Authorize Fourth Modification of Agreement No. 9011 (CCS) with Southern California Disposal Company for Collection Materials Transfer Services, was 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; and
2. Authorize the City Manager to negotiate and execute a fourth modification to Agreement No. 9011 (CCS) in the amount of $4,178,757 (including a 20% contingency) with Southern California Disposal Company for solid waste transferring services for the Public Works Department. This will result in the same 15-year term agreement with a new total amount not to exceed $41,438,757, with future year funding contingent on Council budget approval.
MOSS AVENUE PUMP
STATION
4.B. Award Purchase Order for Xylem Flygt Pumps for the Moss Avenue Pump Station, was approved.
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the Procurement Manager to issue a purchase order with Xylem Water Solutions USA, Inc. for the purchase of two (2) Flygt pumps for the Public Works Department. 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 $350,000.
GRANULAR ACTIVIATE
CARBON (GAC) MEDIA
DELIVERY AND
REMOVAL
4.C. Award Bid to Carbon Activated Corporation to Provide Granular Activated Carbon (GAC) Media for the Water Resources Division, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4497 to Carbon Activated Corporation to provide Granular Activated Carbon (GAC) media along with haul-away and 4 April 22, 2025
reactivation services for spent media for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an Agreement No. 11711 CCS) with Carbon Activated Corporation in an amount not to exceed $3,000,000 over a five-year period, with future year funding contingent on Council budget approval.
SODIUM BISULFITE 4.D. Award Bid and Purchase Orders to JCI Jones Chemicals Inc. and Univar Solutions USA for the Purchase of Sodium Bisulfite, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4496 to JCI Jones Chemicals Inc as the primary vendor for the purchase of Sodium Bisulfite for the Charnock Well Field Water Treatment Plant (Charnock) and Univar Solutions USA as the secondary vendor for the purchase of Sodium Bisulfite for Charnock;
3. Authorize the Procurement Manager to issue a purchase order with JCI Jones Chemicals Inc for the purchase of Sodium Bisulfite in an amount not to exceed $60,000 for one year, with four additional oneyear renewal options at the same price, terms, and conditions, for a total not to exceed $300,000 over five years with future year funding contingent on Council budget approval; and
4. Authorize the Procurement Manager to issue a purchase order with Univar Solutions USA for the purchase of Sodium Bisulfite in an amount not to exceed $30,000 for one year, with four additional oneyear renewal options to extend at an increase of 10%, for a total amount not to exceed $200,000 over five years with future year funding contingent on Council budget approval.
ASSET MANAGEMENT
SYSTEM MAINTENANCE
4.E. Approval of Agreement No. 11712 (CCS) with Trapeze Software Group for Asset Management System Maintenance, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant environmental effects 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. 11712 (CCS) with Trapeze Software Group for software services for the Department 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 $776,968 with future year funding contingent on Council budget approval. 5 April 22, 2025
TRACT MAP 4.F. Adoption of Resolution No. 11656 (CCS) Approving Final Parcel Map No. 84472 for the Subdivision of 2122 Navy Street, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the attached resolution approving Final Parcel Map No. 84472.
CONFLICT OF
INTEREST CODE
4.G. Adoption of Resolution No. 11657 (CCS) Amending the City’s Conflict of Interest Code to Add Three City Commissions as Designated Positions Required to File Statements of Economic Interest, was adopted.
Recommended Action
Staff recommends the Council:
1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
2. Adopt the Resolution amending the City’s Conflict of Interest Code.
NUISANCE ABATEMENT 4.H. Second Reading and Adoption of Ordinance No. 2810 (CCS) Amending the Text of The Santa Monica Municipal Code by Amending Chapter 13.06, Abatement of Nuisances, to Add New Classes of Violations Which May Be Deemed Public Nuisances, and Amend Chapter 1.09. Administrative Citations, Adding a New Definition of Responsible Party, Making Clear the Requirements for Certain Steps to be Taken to Align With Government Code 53069.4, Defining Required Service Procedures for Administrative Citations, and Providing New Incentives for Violators to Bring Correctable Violations Into Compliance, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
BOARD/COMMISSION
SEAT REQUIREMENTS
4.J. Introduction and First Reading of an Ordinance Adding Municipal Code Section 2.32.300 Requiring Residency for DTSM, Pier Corp, and SMTT, was pulled at the request of staff.
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance adding Section 2.32.300 to the SMMC requiring resident representation for Council appointees to non-profits; and
6 April 22, 2025
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.
HOMELESSNESS
EMERGENCY
PROCLAMATION
4.K. Adoption of Resolution No. 11658 (CCS) Ratifying Homelessness Emergency Proclamation, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.
MINUTES 4.M. Approval of City Council Minutes, were approved.
Recommended Action
Staff recommends that the City Council approve the minutes for the following:
1. March 25, 2025, City Council meeting; and
2. April 8, 2025, City Council meeting.
REGIONAL FIRES
EMERGENCY
PROCLAMATION
4.L. Adoption of Resolution No. 11659 (CCS) Ratifying Regional Fires Emergency Proclamation and Supplements, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268
(Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.
Councilmember Raskin gave direction to extend the emergency order provisions with respect to restaurants beyond the April 30 expiration date, with a suggestion to extend it for two months.
Motion by Councilmember Raskin, seconded by Councilmember Zernitskaya, to approve Item 4.I., with direction. The motion was approved by unanimous voice vote with all members present.
7 April 22, 2025
FY 2024-25 ANNUAL
PAVING PROJECT
4.I. Award Bid SP2699 and Construction Contract to Excel Paving Company and RFP SP2699-CM and Construction Management
Contract to Transtech Engineers, Inc. for the FY 2024-25 Annual Paving Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #SP2699 to PALP Inc. dba Excel Paving Company for the FY 2024-25 Annual Paving Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Contract No. 11713 (CCS) with PALP Inc., dba Excel Paving Company, in an amount not to exceed $10,289,865 (including a $1,342,155 contingency);
4. Award Request for Proposals (RFP) #SP2699-CM to Transtech Engineers, Inc. to provide construction management and observation services for the FY 2024-25 Annual Paving Project for the Public Works Department; and
5. Authorize the City Manager to negotiate and execute Contract No. 11714 (CCS) with Transtech Engineers, Inc. in an amount not to exceed $463,750.
Councilmember Raskin recused from Item 4.I. because a partner in his law firm represents Transtech on a matter related to insurance coverage.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Zernitskaya, to approve Item 4.I. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Snell, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Raskin
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:29 p.m., to consider Closed Sessions and returned at 7:56 p.m., with all members present, to report the following:
5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Jane Doe 1, et al. v. City, et al; LASC # 24STCV06207 The City Attorney advised this matter was heard with no reportable action taken.
8 April 22, 2025
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Murcia v. City, et al.; USDC # 22-cv-05253-FLA-MAR The City Attorney advised this matter was heard with no reportable action taken.
5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Victoria Lobanov v. City; LASC # 22SMCV02779 [report out only]
The City Attorney reported that a settlement for this personal injury case was reached at the March 11, 2025, meeting by a vote of 7-0.
5.D. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Manager; Gov. Code § 54957.6: conference with labor negotiator; City negotiator:
Mayor/Personnel Director; unrepresented employee: City Manager The City Attorney advised this matter was heard with no reportable action taken.
5.E. Conference with labor negotiator – Gov. Code § 54957.6: agency designated representatives: Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units: Administrative Team Associates (ATA), AFSCME Local 4819- Management Team
Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785 (SMART TD)
The City Attorney advised this matter was heard with no reportable action taken.
CITY MANAGER
REPORT
The City Manager Report was presented.
REPORT ON COUNCIL
TRAVEL
Mayor Negrete reported that she traveled to our sister city in Japan, Fujinomiya, for the 50th anniversary of becoming sister cities.
Councilmember Zernitskaya reported that she attended the Metropolitan Water District of Southern California’s dedication of the wildflower trail at 9 April 22, 2025
the Diamond Valley Lake Reservoir in honor of Judy Addo, former Mayor of Santa Monica, for her many years of service to the board.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Tania Fischer commented on Item 16.B.
Members of the public Brad Ewing, Eli Gill, Gleam Davis (time donated by John Prindle), Andrew Thomas, and Johnathan Foster commented on Item
10.A.
ORDINANCES:
THIRD STREET
PROMENADE
ENTERTAINMENT ZONE
PILOT PROGRAM
10.A. Introduction and Adoption of an Emergency Ordinance Adding Chapter 6.43 and Amending Section 4.08.200 Relating to the Third Street Promenade Entertainment Zone Pilot Program, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce and Adopt an Emergency Ordinance Adding Chapter 6.43 and Amending Section 4.08.200 to the Santa Monica Municipal Code Relating to the Entertainment Zone Pilot Program to Promote Economic Recovery.
Questions asked and answered of staff included: have any metrics been determined to measure success; has there been any exploration of sponsorship opportunities, is the city offering technical assistance to businesses; what rationale convinced staff to limit the entertainment zone to the 1200 block; what considerations have been made for safety and security protocols; has traffic control been discussed with police; what types of alcohol will be available in the entertainment zone; what age verification methods will be used; how is the city going to make the permitting process easier for businesses to participate; was there any attempt to tally what the level of costs the city would ask organizers to pay to put on events; is there a police substation on the Promenade; are there foot patrols on the Promenade; is there anything in SB 969 that prevents allowing open containers and consumption of alcohol in approved disposable containers during specified entertainment zone hours, rather than only during events; why would the city want to do this as a pilot program vs. a permanent ordinance; is there potential for the city to hold a design contest for the design of the logo on the mandated cup; does the city charge extra fees on top of costs for police and fire to event organizers; and will there be ability to modify the ordinance in the future.
Considerable discussion ensued on topics including, but not limited to potential for this to lead to economic opportunity and growth; number of police needed to secure events; eliminating financial barriers for businesses 10 April 22, 2025
to be able to produce events; making this permanent to occur every weekend and federal holidays with set hours, including Friday afternoons; extending hours to 2:00 a.m. on Sunday for federal holidays that occur on Mondays; improving the process map through self-certification or annual insurance checks versus event based insurance checks; preference to utilize police officers over armed private security; needing to implement a bolder plan for the entertainment zone in order to stimulate economic recovery; leveraging digital wayfinding kiosks to advertise; including the entire promenade and not just the 1200 block; setting regular hours for consistency; making it easy to allow vendors to participate and contribute to event costs, but also ensuring that the costs imposed by the city are reasonable; not imposing a strict requirement that all events are staffed with public safety overtime, but rather if an event is large enough to require additional safety precautions, there are certain requirements to ensure safety; desire to add more foot patrols on the Promenade; potential to also add the area of Santa Monica Blvd. between Second and Fourth Street and other opportunities to expand this should the Promenade zone do well; activating spaces make them safer; people looking for an experience; allowing flexibilities on time based on when businesses are in operation.
Motion by Councilmember Hall, seconded by Councilmember Snell, to continue the item to the May 13th Council meeting with added direction. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.
At the request of Councilmember Zernitskaya, Item 16.D. was removed and considered separately in accordance with Council Rule 6(y).
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to approve the Councilmember Discussion Items except for Items 16.A. and
16.D. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
THE JANE MILE 16.B. Request of Councilmember Raskin that the City Council 11 April 22, 2025
consider City sponsorship of The Janes Mile, a community running event celebrating women's fitness, scheduled for Sunday, May 11, 2025, in Santa Monica, by waiving up to $5,000 in event-related City fees.
With over 300 participants expected, the event will promote health, support local businesses, and benefit wildfire recovery efforts, was approved.
PALI STRONG –
HEALING, HOPE, AND
COMMUNITY BY THE
SEA
16.C. Request of Mayor Negrete that the City Council approve City sponsorship of Pali Strong – Healing, Hope, and Community by the Sea taking place on May 6, 2025 on the Santa Monica Pier by directing the City Manager to waive the City’s portion of fees for use of the Pier.
Related city fees include application, administrative, neighborhood notification, business license, fire, parking, and zero waste plan fees associated with the use of the Pier in an amount up to $16,000 in waived fees, was approved.
TRANSIT SECURITY
ADVISORY COMMITTEE
16.A. Appointments to five seats on the Transit Security Advisory Committee for terms ending June 30, 2027, were made.
Motion by Councilmember Snell, seconded by Mayor Negrete, to accept the late application of Eric Fisher. Motion was approved by unanimous voice vote with all members present.
Motion made by Councilmember Raskin, seconded by Councilmember Snell, to only appoint 4 or the 5 seats required for the Transit Security Advisory Committee. Motion was approved by unanimous voice vote with all members present.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Torosis nominated Kecia Weller.
Kecia Weller was appointed unanimously by acclamation, with all members present .
Councilmember Hall nominated Amy Gottstein.
Amy Gottstein was appointed unanimously by acclamation, with all members present.
Motion made by Councilmember Hall, seconded by Mayor Negrete, to continue appointments of the remaining 3 seats to a future meeting.
AB 306 16.D. Request of Councilmember Zernitskaya and Councilmember Zwick that the City Council take a “Support if Amended” position on AB 306 (Shultz) which would impose a six-year moratorium, from June 12 April 22, 2025
1, 2025, to June 1, 2031, on the adoption or modification of state and local building standards affecting residential units, with limited exceptions. As noted in the letter from the City of West Hollywood (attached), the City of Santa Monica would request that the bill be amended such that only new residential units would be impacted by the bill. Additionally, the City would request an amendment to clarify that cities and counties may relax local building code standards such that they revert to the state standard, and that state and local governments can adopt the state 2025 code and allow work to begin on the 2031 state building codes before June 1, 2031 in order to proceed with the normal code adoption process for the 2031 code. The City Council directs the City Manager to prepare and send a letter expressing the City’s Support if Amended position that articulates Council’s amendment request and sends the letter to the bill author, Senator Allen and Assemblymember Zbur, was presented.
Motion by Councilmember Zernitskaya, seconded by Councilmember Raskin, to take the position of opposed unless amended with added direction requesting an exemption for electrification updates into the building code.
The motion failed by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin,
NOES: Councilmember Zwick and Mayor Negrete
ABSTAIN: Councilmember Hall and Mayor Pro Tem Torosis
Mayor Negrete explained that her no vote was due to not having enough information about the item.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:45 p.m. in memory of Dale Robert Eagle.
ATTEST: APPROVED:
Nikima S. Newsome Lana Negrete
City Clerk Mayor