m20240723
1 July 23, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 23, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:32 p.m., on
Tuesday, July 23, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete (Arrived at 7:48 p.m.)
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (Arrived at 5:46 p.m.)
Councilmember Jesse Zwick (Arrived at 5:39 p.m.)
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 5:32 p.m., with all
members present except Councilmembers Zwick, Torosis, and Mayor Pro
Tem Negrete. Assistant City Manager Susan Cline led the assemblage in
the Pledge of Allegiance.
LEVINE ACT
DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a
permit, license, contract, or other entitlement before the Council is
required to disclose on the record any contribution, including
aggregated contributions, of more than $250 made by the party or the
party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure must include the name of the party, participant, or
agent, and any other person making the contribution; the name of the
recipient, the amount of the contribution, and the date the contribution
was made.
No recusals were made pursuant to the Levine Act.
AGENDA
MANAGEMENT
Item 5.A. was removed from the Consent Calendar to be heard in
conjunction with Item 10.B. at the request of staff.
Motion by Mayor Brock, seconded by Councilmember Parra, to hear
Special Agenda Items before General Public Input was approved
unanimously by voice vote with Councilmembers Zwick, Torosis, and
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Mayor Pro Tem Negrete absent.
GENERAL PUBLIC
INPUT:
(Councilmember Torosis
arrived at 5:46 p.m.)
Members of the public Molly Silk; Christopher Lutz; Jerry Rubin; Wade
Kelley; Denise Barton; Willie; Johnathan Foster; and Zoe Muntaner
commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Member of the public Zoe Muntaner commented on closed session items.
No members of the public commented on special agenda items.
Members of the public Carol Lemlein; Bea Nemlaha; and Zoe Muntaner
commented on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
(Councilmember Zwick
arrived at 5:39 p.m.)
3.A. Commendation: Fedora Primo, was presented.
3.B. Commendation: Officers Dilworth and Pike, was presented.
3.C. City Manager Report, was presented.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 6:13 p.m., to consider
closed sessions and returned at 7:22 p.m., with all members present, to
report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Rebecca de la Cruz v. City; LASC Case No.
20STCV01487.
The City Attorney advised this matter was heard with no reportable action
taken.
4.B. Conference with legal counsel - consider initiation of litigation -
Gov. Code §54956.9(d)(4): City v. 3M, Dupont, et al., regarding PFAS
contamination.
The City Attorney advised this matter was heard with no reportable action
taken.
4.C. Conference with legal counsel - consider joining amicus brief -
Gov. Code §54956.9(d)(4): California Apartment Association, et al., v.
City of Pasadena, et al., B329883.
The City Attorney advised Council agreed to join the amicus brief by a
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vote of 6-0 with Mayor Pro Tem Negrete absent from the meeting.
4.D. Conference with real estate negotiator - Gov. Code §54956.8:
properties: 1636 5th Street (Parking Lot 29) (APNs 4290-011-903,
4290-011-904, 4290-011-905); 1636 5th Street (Apple Building) (APN
4290-011-906); Expo Terminus Line parking lot (APNs 4290-011-909,
4290-011-902, 4290-011-901); owner of record: City of Santa Monica;
City negotiators: Jennifer Taylor, Economic Development Manager,
and Nia Tang, Economic Development Administrator; party to be
negotiated with: Alex Pratt, Vice President of Development, AMCAL
Multi-Housing, Inc.; under negotiation: price and terms of payment
for sale.
The City Attorney advised this matter was heard with no reportable action
taken.
4.E. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Black Lives Matter Los Angeles, et al. v. City, et al.;
USDC Case No. 2:21-cv-05253 [report out only]
The City Attorney advised that this matter was a civil rights class action
settled for $2.3 million; Council approved the settlement at the January 23,
2024, meeting with a vote of 7-0.
REPORT ON COUNCIL
TRAVEL
Councilmember Parra reported that she traveled to attend a seminar for the
Independent Cities Association. Topics discussed were AI and how it's
going to affect and has been affecting crime; public speaking and how to
present like a rockstar; the constitutionality of SB 9; and strengthening
Cradle to Career ecosystems in your City.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
At the request of staff, Item 5.A. was removed from the Consent Calendar
to be heard in conjunction with Item 10.B.
Motion by Councilmember Davis, seconded by Councilmember Zwick, to
approve the Consent Calendar except for Item 5.A., reading resolutions by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Brock
NOES: None
ABSENT: Mayor Pro Tem Negrete
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TREATMENT PLANT
UPGRADES
5.B. Award Construction Contract for Treatment Plant Upgrades ,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301,
Section 15302, and Section 15311 of the California Environmental
Quality Act (CEQA) Guidelines;
2. Award Bid SP#2684 to Metro Builders & Engineers Group, Ltd. for
the construction of the Water Treatment Plant Upgrades Project for
the Public Works Department;
3. Award Request for Proposal (RFP) SP#2684 & SP#2678 to MNS
Engineers, Inc. to provide construction management and observation
services for the Treatment Plant Upgrades Project and the
Groundwater Injection Well SM-11i and Monitoring Wells MWi-2
& MWi-3 Drilling and Equipping for the Public Works Department;
4. Authorize the City Manager to negotiate and execute Construction
Contract No. 11602 (CCS) with Metro Builders & Engineers Group,
Ltd. in an amount not to exceed $9,466,289 (including a 18.9%
contingency);
5. Authorize the City Manager to negotiate and execute Construction
Management Agreement No. 11603 (CCS) with MNS Engineering,
Inc. in an amount not to exceed $820,000 for a term of 5 years; and
6. Authorize the Director of Public Works to issue any necessary
change orders to the construction contract, to complete additional
work within contract authority.
ALCOHOLIC BEVERAGE
CONTROL GRANT
5.C. Adoption of Resolution No. 11606 (CCS) Authorizing
Acceptance of the 2024-25 Alcoholic Beverage Control Grant , was
adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11606 (CCS) authorizing the
acceptance of a grant awarded in the amount of $80,229 from the
California Department of Alcoholic Beverage Control (ABC) for the
2024-25 ABC Grant Program in the Police Department.
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals, if awarded.
3. Adopt a finding of no possibility of significant effects pursuant to
Section 15061(b)(3) of the California Environmental Quality Act,
and authorize a budget amendment as outlined in the Financial
Impacts and Budget Actions section of this report (requires 5 votes).
TURF EQUIPMENT 5.D. Award Sole Source Purchase Order to Stotz Equipment for
Provision and Delivery of Turf Equipment, was approved.
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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;
and
2. Authorize the Procurement Manager to issue a purchase order with
Stotz Equipment for the provision and delivery of turf equipment and
replacement parts 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 $310,000 with future year funding contingent
on Council budget approval.
CIVIC CENTER
AUDITORIUM
5.E. Approval of Exclusive Negotiation Agreement No. 11604 (CCS)
with Revitalization Partners Group, LLC for the Civic Center
Auditorium Renovation, Programming and Operation , was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to Negotiate and Execute Exclusive
Negotiation Agreement No. 11604 (CCS) with Revitalization
Partners Group, LLC for the renovation, programming, and operation
of the Santa Monica Civic Auditorium located at 1855 Main Street.
2. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines.
PUBLIC
TRANSPORTATION
AGENCY SAFETY PLAN
5.F. Approval of Revisions to Big Blue Bus’ Public Transportation
Agency Safety Plan, 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);
2. Approve revisions to adopted Big Blue Bus’s Public Transportation
Agency Safety Plan.
LAND USE
MANAGEMENT SYSTEM
5.G. Award Contract No. 11605 (CCS) to Speridian Technologies,
LLC for Implementation and Support of a Permitting and Land Use
Management System, was approved.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines;
2. Award RFP# 364 to Speridian Technologies, LLC for a new
permitting and land use management system for the Information
Services Department;
3. Authorize the City Manager to negotiate and execute Agreement No.
11605 (CCS) with Speridian Technologies, LLC, in an amount not to
exceed $3,837,353 (including a $348,852 contingency) for five years,
with future year funding contingent on Council budget approval.
4. Authorize budget amendments as outlined in the Financial Impacts
and Budget Actions section of this report (requires 5 votes).
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Jeffrey Hoover, Caro Vilain, Jason Mastbaum, and
Jerry Rubin commented on Item 10.B.
Member of the public Denise Barton commented on Item 14.B.
ORDINANCES:
MASSAGE
ESTABLISHMENTS
10.A. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2784 (CCS) Extending Interim Zoning Regulations
Adopted by Emergency Interim Zoning Ordinance 2781 (CCS) to
Remove the Minor Use Permit, Location, and Facility Requirements
for Massage Establishments from the City’s Personal Service Use
Standards for Specific Uses and Activities, was introduced and adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Introduce and adopt Emergency Interim Zoning Ordinance No. 2784
(CCS) extending interim zoning regulations adopted by Emergency
Interim Zoning Ordinance 2781 (CC) amending the text of the
Zoning Ordinance to remove the Minor Use Permit, location, and
facility requirements for massage establishments from the Personal
Service use standards for specific uses and activities contained in
Santa Monica Municipal Code Section 9.31.230.
Items 10.B. and 5.A. were heard concurrently.
Questions asked and answered of staff including clarification that this will
allow an extension of the interim ordinance to allow for further monitoring.
Motion by Councilmember Torosis, seconded by Councilmember Parra, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
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AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Brock
NOES: None
ABSENT: Mayor Pro Tem Negrete
CONTRACTED SHARED
MOBILITY SERVICE
(Mayor Pro Tem Negrete
arrived at 7:48 p.m.)
PERMANENT SHARED
MOBILITY PROGRAM
5.A. Approval to Reject All Bids for Contracted Shared Mobility
Service Providers and Continue the Existing Permit-Based Program
with Select Revisions, was presented.
Recommended Action
Staff recommends that Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines.
2. Reject all bids in RFP #344 Contracted Shared Mobility Services for
the Department of Transportation.
Items 5.A and 10.B were heard concurrently.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete,
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, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
10.B. Introduction for First Reading an Ordinance Repealing Santa
Monica Municipal Code (SMMC) Chapter 3.23 and Amending SMMC
Chapter 3.22 to Establish a Permanent Shared Mobility Device
Program - Item 5.A and 10.B to be heard concurrently , was introduced
and held first reading.
Recommended Action
Staff recommends that Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301
and Section 15308 of the California Environmental Quality Act
(CEQA) Guidelines.
2. Introduce for first reading an ordinance to repeal Santa Monica
Municipal Code (SMMC) Chapter 3.23 “Shared Mobility Device
Program” and amend SMMC Chapter 3.22 “Second Shared Mobility
Device Pilot Program” to update for an on-going permit-based
program.
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Questions asked and answered of staff included approving the move from a
contractual process to a permit process; how complaints are received; does
this process allow for more flexibility; is robust conversation happening
around geofences, riding in impermissible areas, and nuisance riding; what
led to the change to this program from the previous program; how will the
City ensure obtaining a better classification of various mobile devices; how
does Santa Monica rank fees/taxes charged to operators; how will
renewal/revocation process work; are there any planned incentives to
encourage operators to implement parking corrals or parking devices; will
Santa Monica be building out the infrastructure to implement Metro
bikeshare; are injuries as a result of crashes on mobile devices documented;
is it illegal to ride a shared mobility device without a helmet; is it illegal for
minors to ride shared mobility devices; have any of the current operators
improved their monitoring systems to inhibit minor riders; is there any data
on the citations issued to users of shared mobility devices; what are the cost
of scooters; is it cheaper for a user to us a scooter vs. an e-bike; how many
complaints were received via 311 in 2023; what is the plan to mitigate
resident safety concerns with scooters; why has it taken so long to get to
this point; did the shift in market and the second pilot impact negotiations;
how many operators are being proposed to be permitted; will there be a net
number of devices permitted; will number of devices be regulated to
eliminate overcrowding on the streets; have community benefits such as
discounts been discussed in the negotiation process; can the geofencing
technology be regulated and will the operators comply; how many trips are
there per year on mobility devices; how many of those trips are replacing
car trips; would e-bikes further decrease car trips; how many automobile
crashes occurred 2023; is it known as to why crashes on shared mobility
devices are going down; will more protected bike lanes assist with safety;
does state law prohibit the City from imposing helmet laws for shared
mobility riders; what is the average price of ride by Veo and how does it
compare to Lyft or Uber; is a docking system being considered to eliminate
e-bikes being strewn about; how can illegal bike systems be prohibited
from entering the City; how is geofencing being used to keep e-bikes and
scooters off the beach bike path, boardwalk, and out of Palisades Park; are
they allowed on the bike path; is it a universal ban by ordinance or is
imposed on the operators; is there signage to prevent illegal riding on the
paths and parks; and would the deployment of devices be based on demand.
Considerable discussion ensued on topics including, but not limited to
concerns relating to the implementation of a more robust bike system;
parsing out more bikes to scooters; polling of residents to eliminate
scooters; and ramping down scooters as a more robust shared mobility
program with e-bikes is implemented.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to
introduce and hold first reading of the ordinance reading by title only and
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waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
Direction to staff to poll residents regarding utilization and to ramp down
scooters as a bike share system is implemented based on utilization data,
polling of residents, injury incidents, and 311 complaints.
RESOLUTIONS:
PARKING FACILITY
TAX REVENUE
MEASURE
(Councilmember de la Torre
excused at 9:01 p.m.)
(Councilmember de la Torre
returned at 9:03 p.m.)
14.A. Adoption of Resolution No. 11607 (CCS) to place a Parking
Facility Tax revenue measure on the November 2024 Ballot , was
adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines;
2. Adopt Resolution No. 11607 (CCS) to place a measure on the
November 5, 2024, General Municipal Election Ballot to increase the
City’s Parking Facility Tax rate by 8% and exempt City-owned lots
and structures from the tax increase (Attachment A), which would be
accompanied by an advisory measure that would allow voters to
express their preference that at least half of the additional revenue
generated by the Parking Facility Tax Measure should be allocated to
address public safety and homelessness; and
3. Identify Council Members, if any, who wish to prepare arguments for
or against the Parking Facility Tax measure or the accompanying
advisory measure.
Questions asked and answered of staff included does an advisory measure
require an advisory committee; is the funding intended to be spent
according to the advisory measure spent as such; when would generated
revenue be seen; how will it be allocated; can the discussion regarding the
allocation of funds take place prior to the funds being generated at a study
session in the fall; and can the language of the measure be amended to
enhance public safety to place emphasis on the intended use of the funds.
Considerable discussion ensued on topics including, but not limited to
meeting budget shortfalls pertaining to public safety; use of receipt of
insurance funds to offset budget shortfalls; advisory measure reflecting will
of the voters; and requesting letters for the measure that reflect the intent of
the measure.
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Motion by Councilmember Davis, seconded by Councilmember Torosis, to
adopt the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
Councilmember Zwick was selected to draft the arguments in favor of the
measures. The due date for the arguments for and against is August 6.
2024.
Direction to staff to return in the Fall with a study session regarding the
allocation and use of the funds to be generated from the measure(s).
SIGN PLACEMENT
(Councilmember de la Torre
excused at 9:40 p.m.)
14.B. Adoption of Resolution No. 11608 (CCS) Disapproving Signs
Placed on the Third Street Promenade, was adopted.
Recommended Action
Offered for City Council consideration is a Resolution expressing the
Council’s disapproval of signs placed on the Third Street Promenade
brought pursuant to a Council 16 Item.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
COUNCILMEMBER
DISCUSSION ITEMS:
VOTING DELEGATE
DESIGNATION
16.A. Designation of voting delegate and alternate(s) for the League of
California Cities Annual Conference and Expo, to be held October 16 -
18, 2024, in Long Beach, California, was heard.
Motion by Mayor Brock, seconded by Councilmember Zwick to select
Mayor Brock the voting delegate and Mayor Pro Tem Negrete as the
alternate. The motion was approved by voice vote with all members present
except Councilmember de la Torre.
GRATITUITIES BAN 16.B. Request of Mayor Brock and Councilmember Davis that the
City Attorney return at the next meeting with his proposals (included
in the staff report for the July 9 meeting) to address the recent U. S.
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Supreme Court decision in Snyder which, absent a clear ban on
gratuities by a local jurisdiction, purports to allow city officials to
accept gratuities. This item was not addressed by Council at its last
meeting, was heard.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:54 P.M.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
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