m20230509
1 May 9, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 9, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on
Tuesday, May 9, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (arrived at 5:33 p.m.)
Councilmember Christine Parra (arrived at 5:35 p.m.)
Councilmember Caroline Torosis (arrived by 5:53 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
Councilmember de la Torre
arrived at 5:33 p.m.
Councilmember Parra
arrived at 5:35 p.m.
On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmembers Parra, de la Torre and
Torosis. Assistant City Manager Susan Cline led the assemblage in the
Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Members of the public Abraham Chapman, Karl Richter, Walt Davis,
Lauren Akmaeva, Johnathan Foster, Maria Vivanco, Megan Oddsen, Jerry
Rubin, Beverly Scott and commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Councilmember Torosis
arrived at 5:55 p.m.
Members of the public Debbie Mulvaney, Natalya Zernitskaya (time
donated by Jonathan Friedman), Joel Koury (time donated by Michael
Terranova), Ted Winterer, Chris Harding (time donated by Shari Davis),
Joe Perel (time donated by Michael Dubin), and Tony Vazquez commented
on closed session items.
There were no members of the public present to comment on special
agenda items.
Members of the public Jane Monteagle and Samantha Mota commented on
consent calendar items.
AGENDA
MANAGEMENT
Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete to approve
agenda management 1) After Closed session, move public comment for
Item 11.C. up. Receive public comment and then move to address the
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settlement agreement and presentation for 11.C., if approved; 2) After this
go to the public comment for the remaining items on the agenda; 3) After
11.C. and the remainder of public comment, move to Item 11.B., Human
Services Grant Program; and, 4) After 11.B., move to Item 11.A. Annual
Homelessness Update. The motion was unanimously approved by voice
vote, with all members present.
PROCLAMATIONS/
COMMENDATIONS
4.A. Proclamation: Mental Health Awareness Month, was presented.
4.B. Proclamation: AAPI Heritage Month, was presented.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 6:35 p.m., to consider
closed sessions and returned at 7:58 p.m., with all members present, to
report the following:
3.A. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): City of Santa Monica, et al. v. 1238 10th
Street, LLC, et al.; LASC Case No. 21SMCV01585
ACTION: Heard. No reportable action taken.
3.B. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): NMS 1539, LLC, et al. v. City of Santa
Monica, et al.; CD Calif. Case No. 2:20-cv-11318-FLA(JPRx)
ACTION: Heard. No reportable action taken.
3.C. Conference with Legal Counsel – Anticipated Litigation – Gov.
Code Section 65589.5(d): WS Communities v. City of Santa Monica
ACTION: Heard. No reportable action taken.
3.D. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria
Loya v. City of Santa Monica, LASC Case No. BC 616804; California
Supreme Court Case No. S263972
ACTION: Heard. No reportable action taken.
3.E. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Gayle Makasian v. City of Santa Monica;
LASC Case No. 22SMCV01921
ACTION: Heard. No reportable action taken.
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3.F. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Louise Farnam and Lenora Farnam-Fard
v. City of Santa Monica; LASC Case No. 20STCV48776
ACTION: Heard. No reportable action taken.
3.G. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Pirouz Mousheshirazi v. City of Santa
Monica, et al.; LASC Case No. 20STCV34094 [report out only]
The City Attorney reported that Settlement No. 11389 (CCS) in the amount
of $449,999.99 was approved on 4/11/23 with a 6-0 vote, with
Councilmember Parra absent.
3.H. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Thomas Metzger v. City of Santa Monica,
et al.; LASC Case No. 21STCV36815 [report out only]
The City Attorney reported that Settlement No. 11390 (CCS) in the amount
of $1.5 million, with the City paying $1 million, and the remaining will be
paid by the City’s self-insurance retention policy. The settlement was
originally approved by a 7-0 vote on 3/21/23, with all members present.
SETTLEMENT
AGREEMENT
11.C. Consideration of a Settlement Agreement between the City of
Santa Monica and WS Communities, LLC and its affiliates (“WS”),
consistent with the City’s 6th Cycle (2021-2029) Housing Element for
applicants that have asserted eligibility for processing under the
“Builder’s Remedy” provision of the Housing Accountability Act
(“HAA”), California Government Code section 65589.5(d), was
presented.
Recommended Actions
Staff recommends that the City Council:
1. Adopt a finding that no subsequent environmental review is
required pursuant to California Environmental Quality Act (CEQA) and
CEQA Guidelines:
a. CEQA Guideline §15378(b) and (c); Pub. Res. Code § 21065
b. CEQA Guideline § 15061(b)(3)
c. CEQA Guideline § 15168, 15162
2. Approve the Settlement Agreement between the City of Santa
Monica and WS, the owners of the following properties: 1437 6th
Street, 601 Colorado Avenue, 1518-24 7th Street, 1443 Lincoln
Boulevard, 3030 Nebraska Avenue, 2901 Santa Monica Boulevard,
1415-27 5th Street, 1557 7th Street, 1238 7th Street, 1925 Broadway,
1433-37 Euclid Street, 1238-42 10th Street, 1007 Lincoln Boulevard,
and 1038 10th Street.
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Members of the public Jason Parry, Luthern Williams, Andy Rose, Frank
Angel (time donated by Cooper Kass), Isabel Aranda, Emily Alexander,
Michael Nazzal, Jessica Hirsch, Margarita Pagliai,(time donated by Amy
Marston), Aaron Kadosh, Dave Rand, and, Tom Johnstone commented on
the recommended action.
Questions asked and answered of staff included: can the developer
unilaterally change the agreements; are these remedies clearly lined out on
both sides, so that these builders remedy projects never come back; what is
required from both sides to make sure that these developers can’t bring
back these projects; what would the city need to do to default on this
agreement; beyond this agreement; what other mechanisms can the city use
to preserve our neighborhoods; if the developer decided to build and
discovered there were some environmental hazards, what steps would the
city be required to take; what are the possible consequences of pausing;
and, is it a Brown Act violation to not post the settlement agreement on the
city’s website.
Considerable discussion ensued on topics including, but not limited to: this
has been discussed several times during closed session, but could not be
discussed publicly; these developments are a solution to avoid the builders
remedy projects; this settlement does not allow for additional development,
it limits development within the Housing Element; appreciate the public
coming out to share their concerns; is it definitive if this settlement is not
approved tonight; there are several lawsuits being settled as a result of this
proposed settlement agreement; and, this is a win for our residents.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete,
to approve Settlement Agreement No. 11400 (CCS), and staff
recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
SPECIAL AGENDA
ITEMS:
4.C. City Manager's Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmembers Torosis and Councilmember Brock reported that they
traveled to Palm Springs, CA to attend the Southern California Association
of Governments (SCAG) Regional Conference and General Assembly and
met with others from the Southern California region to discuss funding
around regional transportation infrastructure, housing solutions, workforce
development, equitable green force of the future, and how to build contact
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sensitive affordable housing and taking those learnings back to Santa
Monica.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Councilmember Torosis
excused at 9:49 p.m.
Member of the public Allison Kirste commented on Item 10.E.
Members of the public Katie Czapanskiy, Barbara Schultz, Denise
McGranahan, Denise Barton, and Luke Patterson commented on Item 11.A.
Members of the public Chantilly Wijayasinha, Nora Hackmann, Sarah
Young-Sheppard, Kaiya Bailey, Paula McPeake, Jesus Fajardo, Cecilia
Carrillo, Maria Rodriguez, Destiny Rojo, Melodie Vatandoust, Rasika
Flores, McKenna Belgarde, Julie Taren, Jennifer Cowan, Brittany Rogers,
Rebecca Bijur, Angel Villasenor, Alisa Bizzul, Graham Lucas, Shari Davis,
Denise Barton, Cenia Montoya, Joseph Eure, James Clark, Alicia Mignano,
and, Franklin Lopez commented on Item 11.B.
Member of the public Denise Barton commented on Item 16.A.
AGENDA
MANAGEMENT
Motion by Mayor Davis, seconded by Councilmember Brock, to continue
all board and commission appointments to a future meeting with
Councilmember Torosis absent.
CONTINUED ITEMS:
8.A. Appointment to one unscheduled vacancy on the Commission
on Sustainability, Environmental Justice and the Environment for the
term ending on June 30, 2024. (Continued from April 11, 2023), was
continued to a future meeting.
8.B. Appointment to one open seat on the Human Services
Commission for the term ending in June 30, 2025 (continued from
April 11, 2023), was continued to a future meeting.
8.C. Appointment to two unscheduled vacancies on the Disabilities
Commission for terms ending on June 30, 2025 (Continued from April
11 and April 25, 2023), was continued to a future meeting.
GRANT PROGRAM
FUNDING
11.B. 2023-27 Human Services Grants Program (HSGP) Funding
Recommendations, was presented.
Recommended Action
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. Approve the FY2023-27 Human Services Grants Program (HSGP)
funding recommendation (Attachment A)
3. Authorize the City Manager to negotiate and execute grant
agreements for the FY2023-27 HSGP (Attachment A)
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Councilmember Zwick was
excused at 10:39 p.m.
Councilmember Zwick
returned at 11:05 p.m.
Councilmember Zwick will recuse himself from any discussion on the
Growing Place to avoid any appearance of a conflict of interest because his
son attends the school.
Questions asked and answered of staff included: how many children
receive assistance in comparison to how many children attend the Growing
Place; when receiving for profit funds, does some of that money go towards
providing assistance as well; what is the total cash match at the Marine
Park location, and what is their total budget; is Marine Park serving a
higher number of minorities than their other two locations in the city; are
there low income families distributed around all locations, or are they
mostly at Marine Park; is part of the criteria considered a single parent
household; is the Growing Place the only early childcare that applied for
grant funding; does the grant amount go to tuition assistance and salaries;
what is the breakdown in cost between cost and salary; is the Growing
Place paying rent to the city; is it true that the Growing Place is also a
resource to city employees; is the Growing Place a non-profit; what is the
percentage of city staff children who attend the Growing Place; and, if we
wanted to increase the amount of funding, could a condition be put in that
the additional funding be provided to only lower-income families.
Motion by Councilmember Brock, seconded by Mayor Davis, to approve
funding the Growing Place at the level proposed by staff of $212,500. The
motion was approved by the following vote:
AYES: Councilmembers Parra, Brock, de la Torre , Mayor Pro Tem
Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Torosis, Zwick
Questions asked and answered of staff included: why is early childhood not
considered a high fund in Santa Monica; is the 40 percent a rule or a
guideline; why was none of the early childcare funding considered a
community need; for the St. Josephs Center for Older Adults, will we be able
to adequately monitor compliance; how many services in the city are there
that address retention; how much did the city fund for Meal on Wheels; how
often does Samoshel get monitored; has the operator been brought back over
the past 7 – 8 years; do we periodically put out a request for proposals (RFP)
for Samoshel for the operator; for the People Concern, what are they doing
different for Housing retention that St. Josephs’ or other agencies aren’t
providing; would it be more cost effective to have more agencies; have the
complaints about People’s Concern diminished; does the city hear about any
problems some of the agencies have; are there any serious allegations or
lawsuit against any of these agencies and was that question asked as part of
the application process; what capacity do we have regarding technical
assistance for the grantees; how does the housing retention program differ
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from the saving our diversity program; for the People’s Concern, what is
their full budget, and what other funding do they receive; is there any
additional money available to provide additional funding to any of the
grantees; from the city’s stand point, is it easier to help someone before they
fall into homelessness or is it more affordable to wait until they become
homeless; and, what about Haven Neighborhood services made them
appealing to receive funding.
Considerable discussion ensued on topics including, but not limited to:
thanks to staff for listening to the needs of Council when considering
funding grants, and making the information and data more transparent;
there are major restrictions to finding childcare in the city and it has made it
difficult for families, and staff is encouraged to continue considering this
for future grant cycles; consider changing this to a potential three-year
cycle instead of five years; it’s imperative that we continue helping
residents of all ages who are in need; and, it is a highlight to be able to
provide this type of funding to improve the quality of lives for our
residents.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to approve the staff recommendation and approve funding
recommendations for FY 2023-27 Human Services Grants Program
(HSGP), and authorize the City Manager to negotiate and execute grant
agreements for the FY2023-27 HSGP. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Torosis
CONTINUE PAST 11:00
P.M.
Motion by Mayor Pro Tem Negrete, seconded by Mayor Davis, to continue
the meeting past 11.
Substitute motion by Councilmember Brock, seconded by Councilmember
de la Torre, to continue and postpone 11.A. to a future or special meeting.
The motion failed by voice vote with Councilmembers Parra, Brock and de
la Torre voting yes, and Councilmember Zwick, Mayor Davis and Mayor
Pro Tem Negrete voting no.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to not go past 11. The motion failed by voice vote with
Councilmembers de la Torre, Brock and Parra voting yes, and
Councilmember Zwick, Mayor Pro Tem and Mayor Davis voting no.
The main motion to continue past 11 was approved by voice vote, with
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Councilmembers Brock and de la Torre voting no.
STAFF
ADMINISTRATIVE
ITEMS:
HOMELESSNESS
UPDATE
11.A Annual Interdepartmental Update on Addressing Homelessness,
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. Review and comment on the 2023 Annual Interdepartmental
Homelessness Report and provide staff with guidance on
implementing next steps.
3. Extend the Proclamation of Local Emergency on Homelessness
through May 31, 2024, unless repealed or extended by Council, due
to the ongoing crisis of homelessness as evidenced by the 2023
increase in the Point-In-Time Count.
4. Authorize the City Manager to negotiate and execute Agreement No.
11397 (CCS) with the County of Los Angeles for operation of the
City + County + Community (C3) Homeless Outreach Teams. This
award is made as an exception to the competitive bidding process
pursuant to Sections 2.24.250 (i) and 2.24.240 (a) of the Santa
Monica Municipal Code (“SMMC”) and is for a term of four years at
a total amount not-to-exceed $5,040,000, with future year funding
contingent on Council budget approval.
5. Authorize the City Manager to negotiate and execute Agreement No.
11398 (CCS) with The People Concern for operation of the
Homeless Multidisciplinary Street Team (HMST). This award is
made as an exception to the competitive bidding process pursuant to
SMMC Sections 2.24.250 (i) and 2.24.240 (a) and is for a term of
four years at a total amount not to exceed $2,400,000, with future
year funding contingent on Council budget approval.
6. Authorize the City Manager to negotiate and execute Agreement No.
11399 (CCS) with Exodus Recovery for the Services, Treatment &
Empowerment Program (STEP). This award is made as an exception
to the competitive bidding process pursuant to SMMC Sections
2.24.250 (i) and 2.24.240 (a) and is for a term of 4 years at a total
amount not-to-exceed $400,000, with future year funding contingent
on Council budget approval.
7. Authorize the City Manager to negotiate and execute a first
modification to agreement #11265 (CCS) in the amount of
$2,100,000 with Legal Aid Foundation of Los Angeles for the
Eviction Prevention and Right to Counsel programs. This proposed
modification would also extend the term through June 30, 2027,
resulting in a five-year amended agreement with a new total amount
not-to-exceed $2,300,000, with future year funding contingent upon
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Councilmember Parra out at
1:44 a.m.
Council budget approval.
8. Authorize the City Manager to negotiate and execute a first
modification to agreement #10705 (CCS) in the amount not to
exceed $200,000 with Dorothy Berndt, a California-based Licensed
Clinical Social Worker, to connect at-risk voucher program tenants
with local support services to maintain housing stability. This
proposed modification would extend the term through June 30, 2025,
resulting in a seven-year amended agreement with a new total
amount not-to-exceed $465,000, with future year funding contingent
upon Council budget approval.
9. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
Questions asked and answered of staff included: what are we doing to
educate our youth about substance abuse; how are we managing real time
flow of homeless during the daytime hours, and do we look at the numbers;
is it a requirement of HUD to maintain and update the Homeless
Management Information System (HMSI); if the data showed the majority
of homeless are transient, how are they handled; if we found out that most
of the homeless population are migrants, how would that change the way
services are being distributed; what does Fire need in order to make an
impact on homelessness; is there ever an issue where an unhoused person is
met on the street and cannot be served through our system; how is it that
we haven’t been able to use more housing vouchers; is there more
information about the behavioral kits; who has access to the HMIS system;
when they go out are all teams able to access the HMIS system; where does
the licensed clinical social worker work in the city, and how many hours
does she work per week, and does she go out to see clients; what is the C3
teams backgrounds; how are four people supposed to make a dent on
homelessness when there’s six miles to cover, and they only work Monday
through Friday; what does the additional teams day look like; how do we
change the perception to make the city clean and safe, and inviting for
visitors; how do we get the resources on the ground to make a significant
impact on reducing our homelessness; how much is the C3 unit; how often
are Fire personnel assaulted during the course of a day; is there anything
the city can do to attack the dangerous drugs out there; what are we doing
about RHNA and creating housing; how are we addressing people who
want to achieve housing on their own, and refuse help; and, what about
people who just fall upon hard times, how are they addressed.
Considerable discussion ensued on topics including, but not limited to: this
is the most robust plan the city has delivered to address homelessness; need
more regional help to address the issue; we should lead by compassion; it’s
essential to have a team on the grounds; one additional C3 team is not
going to make a dent in the homeless situation; need to find money to
provide another C3 team; we aren’t doing enough to make a difference to
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see an impact; and, homelessness is a housing matter.
Motion by Mayor Pro Tem Negrete, seconded by Mayor Davis, to adopt the
entire staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers de la Torre, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Torosis, Parra
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
At the request of Councilmember Brock, Items 5.B. and 5.J. were removed
from the Consent Calendar.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to
approve the Consent Calendar except for Items 5.B and 5.J., reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Parra, Torosis
PRINT SERVICES 5.A. Award Agreement No. 11391 (CCS) with Konica Minolta
Business Solutions for Managed Print Services, was approved.
Recommended Action
Staff recommends that the City 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. Authorize the City Manager to negotiate and execute an agreement
with Konica Minolta Business Solutions for Managed Print Services
(MPS) for the Information Services Department. This recommended
award is made as an exception to the competitive bidding process
pursuant to Section 2.24.250 (c) and is for a total amount not to
exceed $1,105,000 over a five-year period.
HOUSING GRANTS 5.C. Approval of the Proposed FY 2023-24 One-Year Action Plan
Allocating Federal Community Development Block Grant (CDBG) and
HOME Investment Partnerships Act Program (HOME) Entitlement
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Grant Funds, 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. Approve the Proposed 2023-24 Annual CDBG and HOME Action
Plan (Attachment A).
3. Authorize the City Manager to submit all documents required to
receive the City’s annual Community Development Block Grant
(CDBG) and Home Investment Partnerships Act (HOME)
entitlement grant funds to the U.S. Department of Housing and
Urban Development (HUD).
MEDICAL TESTING
SERVICES
5.D. Award Request for Proposal No. 341 to Providence Medical
Institute (Westchester Medical Group) for Occupational Medical
Testing Services Program, 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 RFP #341 to Providence Medical Institute (Westchester
Medical Group) for Occupational Medical Testing Services.
3. Authorize the City Manager to negotiate and execute professional
services Agreement No. 11392 (CCS) with Providence Medical
Institute (Westchester Medical Group), in an amount not to exceed
$1,250,000 over a five-year period with future year funding
contingent on Council budget approval.
BIG BLUE BUS 5.E. Award Bid for Heavy-Duty Tire Rental for Big Blue Bus
Vehicles to Bridgestone Americas Tire Operations, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption (Class 1 Existing
Facilities) pursuant to Section 15301 of the California
Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #4446 to Bridgestone Americas Tire Operations, LLC to
provide leased tires for use on the Santa Monica Department of
Transportation’s fleet of transit buses; and
3. Authorize the City Manager to negotiate and execute Agreement
No. 11393 (CCS) with Bridgestone, in an amount not to exceed
$2,271,343, including a $206,486 contingency, and a 3% annual
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cost escalator, over a five-year period with future year funding
contingent on Council budget approval.
BUSINESS LICENSE 5.F. Award Request for Proposal No. 10522 to Baker Tilly US, LLP
for Business License Tax Modernization Consulting Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 10522 to Baker Tilly US, LLP (Baker Tilly) and to
Hinderliter de Llamas & Associates (HdL) for business license tax
modernization consulting services for the Finance Department.
2. Authorize the City Manager to negotiate and execute Agreement
No. 11394 (CCS) with Baker Tilly, in amounts not to exceed
$173,780 for three years with future year funding contingent on
Council budget approval.
3. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
AFFORDABLE HOUSING 5.G. Adoption of Resolution No. 11523 (CCS) Authorizing
Application for Grant Funds for State Affordable Housing Funding
Opportunity, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application for grant
funds in an amount not to exceed $5,000,000 from the California
State Department of Housing and Community Development for the
2023 round of Local Housing Trust Fund Program Matching Grant
Funding (Attachment A).
2. Authorize the City Manager to execute all necessary documents to
apply for the grant, accept the grant, if awarded, and accept all grant
renewals, if awarded.
3. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
BUS ADVERTISEMENTS 5.H. Adoption of Resolution No. 11524 (CCS) Revising Policy
Governing Advertisements Displayed on the Exterior of City Buses to
Comply With Legal Requirements, 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
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Environmental Quality Act (CEQA) Guidelines.
2. Adopt a Resolution revising the policy governing advertisements
displayed on the exterior of City buses to comply with legal
requirements.
HUMAN RESOURCES 5.I. Award Request for Proposal No. 342 to BetterUp, Inc. for
Employee Coaching, Mentoring, Training and Development Support
Services, was approved.
Recommended Action
Staff recommends 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 RFP#342 to BetterUp, Inc., for Employee Coaching,
Mentoring, Training and Development Support Services for all City
employees provided by the Human Resources Department;
3. Authorize the City Manager to negotiate and execute Agreement
No. 11395 (CCS) with BetterUp, Inc., in an amount not to exceed
$988,708 for 5 years with future year funding contingent on
Council budget approval.
BOARDS AND
COMMISSION
SOFTWARE
5.K. Approval of Fifth Modification to Contract No. 10052 (CCS)
with Granicus, Inc. to Extend the Agreement for Five Years, 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 fifth
modification to agreement #10052 (CCS) in the amount of
$187,042.22 with Granicus, Inc., a California-based company to
provide an Electronic Boards and Commissions Management
system. This will result in a 14 year amended agreement with a new
total amount not to exceed $407,805.22, with future year funding
contingent on Council budget approval.
5.L. Adopt Resolution No. 11525 (CCS) Amending the Santa Monica
City Council 2023 City Council Meeting Calendar, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
amending the 2023 Council regular meeting calendar.
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MINUTES 5.M. Minutes of the March 14, 2023 City Council meeting, were
approved.
MINUTES 5.N. Minutes of the March 21, 2023 City Council meeting, were
approved.
MINUTES 5.O Minutes of the April 25, 2023 City Council meeting, were
approved.
PUBLIC WORKS
PROCUREMENT
5.B. Award Purchase Order to Associated Ready Mixed Concrete,
Inc. for Concrete Materials, 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;
2. Award Bid #2685-2 to Associated Ready Mixed Concrete, Inc., a
California-based Company, for the purchase and delivery of
concrete materials for the Public Works Department;
3. Authorize the Procurement Manager to issue a purchase order with
Associated Ready Mixed Concrete, Inc., in an amount not to exceed
$200,000 for one year, with four additional one-year renewal
option(s) for a total amount not to exceed $1,000,000 over a five-
year period, with future year funding contingent on Council budget
approval.
This item was pulled by Councilmember Brock to ask questions of staff.
He expressed concerns that the city is not using green products and
concrete is increasing our environmental footprint.
Questions asked and answered of staff including, what other products are
out there that could be used, and what is the city’s plan moving forward to
look at and use more green friendly products.
Motion by Councilmember Brock, seconded by Councilmember Zwick, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers de la Torre, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Torosis, Parra
SAFE ROUTES TO
SCHOOL
5.J. Approval of Modification of the Professional Services
Agreement for the Safe Routes to School Pedestrian Improvements at
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Six Schools Project to extend the term, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of statutory exemption pursuant to Section 21080.25
of the California Environmental Quality Act (CEQA) and categorical
exemptions pursuant to Sections 15301 and 15304 of the CEQA
Guidelines.
2. Authorize the City Manager to negotiate and execute a first
modification to Contract Agreement #10968 (Attachment A) with
Stantec Consulting Services, Inc. for the Safe Routes to School
(SRTS) Pedestrian Improvements at Six Schools Project, to extend
the term of the agreement through December 31, 2024.
This item was pulled by Councilmember Brock to ask questions of staff.
Questions asked and answered of staff included; was this a continuation of
a contract that was approved pre-COVID or is this a new contract for
schools; are we sure SMMUSD is going to open those two schools; and,
will this still be part of the six schools, and what is safe routes to schools.
Motion by Councilmember Brock, seconded by Councilmember Zwick, to
approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Torosis, Parra
ORDINANCES:
PUBLIC RESTROOM
ACCESS
10.A. Second Reading and Adoption of Ordinance No. 2745 (CCS)
Amending SMMC Chapter 8.110 Adding Gender Neutral Public
Restroom Access, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Zwick, seconded by Mayor Pro Tem Negrete, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Brock, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Parra, Torosis
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ZONING 10.B. Second Reading and Adoption of Interim Zoning Ordinance
No. 2746 (CCS) Extending Interim Zoning Regulations Adopted by
Interim Zoning Ordinance No. 2738 (CCS) to Eliminate the
Prohibition of Certain Restaurants with Frontage on the Third Street
Promenade, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem
Negrete, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Torosis, Parra
ZONING
Mayor Davis excused at 2:21
a.m.
10.C. Introduction and Adoption of Emergency Interim Zoning
Ordinance and Introduction and First Reading of Ordinance
Amending the Text of the Santa Monica Municipal Code to Confirm
the Applicability of Certain Zoning and Health and Safety Regulations
to Wireless Facilities Subject to Santa Monica Municipal Code
Chapter 9.32, Personal Wireless Service Facilities, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section
15303 (New Construction or Conversion of Small Structures) and
15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Introduce and adopt an Emergency Interim Zoning Ordinance to
extend interim zoning regulations to confirm the applicability of
certain zoning and health and safety regulations to wireless facilities
subject to Santa Monica Municipal Code Chapter 9.32, Personal
Wireless Service Facilities.
3. Introduce for first reading an Ordinance amending the text of the
Santa Monica Municipal Code to confirm the applicability of
certain zoning and health and safety regulations to wireless facilities
subject to Santa Monica Municipal Code Chapter 9.32, Personal
Wireless Service Facilities.
Mayor Davis recused herself to avoid any perception of a conflict of
interest.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to
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introduce for first reading an Ordinance amending the text of the Santa
Monica Municipal Code to confirm the applicability of certain zoning and
health and safety regulations to wireless facilities subject to Santa Monica
Municipal Code Chapter 9.32, Personal Wireless Service Facilities, reading
by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Zwick, Brock, de la Torre,
Mayor Pro Tem Negrete
NOES: None
ABSENT: Councilmembers Torosis, Parra, Mayor Davis
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to
Continue the Emergency Interim ordinance to the May 23rd meeting. The
motion was unanimously approved by voice vote, with Councilmembers
Torosis, Parra, and Mayor Davis absent.
315 COLORADO AVENUE
Mayor Davis returned at 2:23
a.m.
10.D. Introduction and First Reading of an Ordinance to Cancel
Development Agreement 13DEV-010 that Allowed Construction of a
Multi-Screen Movie Theater Complex on the Third Level of Santa
Monica Place at 315 Colorado Avenue, 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; and
2. Introduce for first reading an ordinance to cancel Development
Agreement 13DEV-010 pertaining to a movie theater complex at
Santa Monica Place at 315 Colorado Avenue.
3. Authorize the City Manager to take all necessary implementing
actions related to the cancellation.
Motion by Councilmember Brock, 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, Brock, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Parra, Torosis
HOME SHARING 10.E Introduction and First Reading of an Ordinance to Amend
Santa Monica Municipal Code Chapter 6.20, Home-Sharing and
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Vacation Rentals, to Authorize Home-Sharing in Certain Qualifying
Accessory Structures and Incorporate a Home-Sharing Legalization
Program, was presented.
Recommended Action
Staff recommends that 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 set forth in
“Environmental Analysis”; and
2. Introduce for first reading an ordinance amending Santa Monica
Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals,
to authorize home-sharing in certain accessory structures and
incorporate a home-sharing legalization program.
Questions asked and answered of staff included, why are all ADUs not
being included, specifically garages.
Motion by Councilmember Brock, 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, Brock, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Parra, Torosis
COUNCILMEMBER
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
16.A. Recommendation to accept Marielle Kriesel's resignation from
the Human Services Commission and authorize the City Clerk to
publish the vacancy, was presented.
Motion by Mayor Davis, seconded by Councilmember Brock, to accept the
resignation with regret.
The motion was approved by a unanimous voice vote, with Councilmembers
Torosis and Parra absent.
TAX ADVISORY
COMMITTEE
16.B. Appointments to Five Seats on the Newly Created Transient
Occupancy Tax Advisory Committee for Five Partial-Terms Ending on
6/30/2025., was continued.
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SUPPORT WRITERS
GUILD OF AMERICA
16.C. Request of Councilmember Torosis, Mayor Davis, and
Councilmember Brock that the City Council adopt Resolution No.
11526 (CCS) titled, “A Resolution of the City Council of the City of
Santa Monica declaring support for the striking workers of the
Writers Guild of America”, was presented.
Motion by Mayor Pro Tem Negrete, seconded by Mayor Davis, to approve
the recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Brock, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmembers Torosis, Parra
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:38 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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