m20231114
1 November 14, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 14, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:31 p.m., on
Tuesday, November 14, 2023, at the City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:40 p.m.)
Councilmember Jesse Zwick (arrived at 5:32 p.m.)
Present: Mayor Pro Tem Lana Negrete
Also Present: City Manager David White
City Attorney Douglas Sloan
Acting City Clerk Esterlina Lugo
CONVENE/PLEDGE
Councilmember Zwick
arrived at 5:32 p.m.
On order of the Mayor, the City Council convened at 5:31 p.m., with Mayor
Pro Tem Negrete, Councilmembers Torosis and Zwick absent. Assistant
City Manager Susan Cline led the assemblage in the Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Councilmember Torosis
arrived at 5:40 p.m.
Members of the public Burr Leonard, Peace Quiet, Rhea Devlugt, Anthony,
Sara Lee, William Spotts, Michael Pitkin, Jonathan Foster, Jim Harris, and
Jerry Rubin on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Angela Scott, President of the Santa Monica League of Women Voters, read
a resolution on the special agenda item United Against Hate Week.
AGENDA
MANAGEMENT
The Mayor announced that the order of Closed Session and Special Agenda
items were listed incorrectly in accordance with the Council rules amended
on 9/26.
Motion by Mayor Davis, seconded by Councilmember Brock, to hear Special
Agenda Items before Closed Session. The motion was unanimously
approved by voice vote, with Mayor Pro Tem Negrete absent.
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SPECIAL AGENDA
ITEMS:
PROCLAMATIONS AND
CITY MANAGER REPORT
4.A. Proclamation: United Against Hate Week, was presented by the
Mayor to Erika Bell, Santa Monica-Malibu PTA Council President.
4.B. Transgender Day of Remembrance, was presented by the Mayor
and held a moment of silence.
4.C. City Manager’s Report, was presented.
CLOSED SESSIONS:
On order of the Mayor, the City Council recessed at 6:10 p.m., to consider
closed sessions and returned at 8:04 p.m., with Mayor Pro Tem Negrete
absent, to report the following:
3.A. Public Employee Evaluation – Gov. Code Section 54957(b):
Performance evaluation of a public employee; Title: City Manager;
Gov. Code Section 54957.6: Conference with labor negotiator; City
Negotiator: Mayor; Unrepresented employee: City Manager.
The Mayor advised this matter was heard with no reportable action taken.
ANNOUNCEMENT The Mayor presented the biography of the featured animal from the Santa
Monica Animal Shelter. Tux, a six-year-old Pitbull mix, has been at the
shelter since July 20, 2023, and is available for adoption.
The Santa Monica Animal Shelter Foundation has instituted a new program
that allows sponsorship of an animal which will contribute towards their
care.
REPORT ON COUNCIL
TRAVEL
Councilmember Parra traveled to El Salvador and read a joint statement
prepared by her and Mayor Pro Tem Negrete regarding their visit in which
she reports the following: the country has adopted bitcoin as their national
currency; they have rebuilt roads, hospitals, and 980 schools with solar
panels; reduced electricity costs made possible by a new dam system that
produces energy; and, they are harvesting volcanic energy and utilizing the
renewable energy efforts to build workforce opportunities for students.
Councilmember de la Torre reported that he traveled to El Salvador where
he met will leaders and learned the different measures taken to foster public
safety.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Councilmember de la Torre, seconded by Councilmember Brock,
to approve all items on the Consent Calendar as presented, reading
resolutions 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, Brock, Parra, Zwick,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
RECREATION
MANAGEMENT SYSTEM
5.A. Award Agreement No. 11496 (CCS) to ACTIVE Network, Inc.
for a Recreation Management Software System, 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 #351 to The ACTIVE Network Inc. for Recreation
Management Software System for the Recreation and Arts
Department.
3. Authorize the City Manager to negotiate and execute Agreement No.
11496 (CCS) with ACTIVE Network, in the amount not-to-exceed
$218,265 for the first year, including system enhancements, for an
initial term of three years and up to three additional one-year
extensions with a not-to-exceed amount of $740,515 over the life of
the contract.
INDEPENDENT SPIRIT
AWARDS AND LA WINE
& FOOD FESTIVAL
5.B. Authorization to Enter into License Agreement Nos. 11497
(CCS) and 11498 (CCS) for Independent Spirit Awards and LA Wine &
Food Festival, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15323
(Class 23 Normal Operations of Facilities for Public Gatherings) of
the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute License
Agreement Nos. 11497 (CCS) and 11498 (CCS) with Film
Independent (Spirit Awards) and IMG (LA Wine & Food) to use a
portion of Lot 1N from February 12, 2024, to March 8, 2024, and
again in 2025 during the same time period.
SUSTAINABLE
TRANSPORTATION
PLANNING GRANT
5.C. Adoption of Resolution No. 11561 (CCS) authorizing the City
Manager to accept the awarded Sustainable Transportation Planning
Grant and execute an agreement with the California Department of
Transportation for the Santa Monica Boulevard Safety Enhancement
Study, was approved and adopted.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of categorical exemption pursuant to Section 15252
of the California Environmental Quality Act Guidelines.
2. Adopt Resolution No. 11561 (CCS) entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO AUTHORIZE THE CITY MANAGER TO ACCEPT A GRANT
AWARDED IN THE AMOUNT OF $522,327, WITH A
REQUIRED LOCAL MATCH OF $67,673, FROM THE
CALTRANS SUSTAINABLE COMMUNITIES PLANNING
GRANT PROGRAM FOR THE SANTA MONICA BOULEVARD
SAFETY ENHANCEMENT STUDY, AND TO EXECUTE ALL
NECESSARY DOCUMENTS TO ACCEPT THE GRANT AND
ALL GRANT RENEWALS.”
3. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
4. Authorize and appropriate the required local match of $67,673 from
Transportation Impact Fee revenues, for a total project cost of
$590,000, as outlined in the Financial Impacts & Budget Actions
section of this report.
CLASSIFICATION AND
COMPENSATION
SERVICES
5.D. Award Request for Proposal to CPS Consulting, Koff and
Associates, Inc., and Sloan Sakai Yeung & Wong for As-Needed
Classification and Compensation 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. Award RFP #362 to CPS Consulting, Koff and Associates, Inc., and
Sloan Sakai Yeung & Wong LLP for classification and compensation
services on an as-needed basis for the Human Resources Department;
3. Authorize the City Manager to negotiate and execute Agreement
Nos. 11499 (CCS) through 11501 (CCS) with CPS Consulting, Koff
and Associates, Inc, and Sloan Sakai Yeung & Wong LLP for
classification and compensation services on an as-needed basis, for a
total aggregate amount for the three agreements, not to exceed
$2,000,000 over a five-year period, with future year funding
contingent on Council budget approval.
ANTISCALANT AND CIP
CHEMICALS
5.E. Award Purchase Orders to Avista Technologies as Primary and
King Lee Technologies as Backup for Antiscalant and CIP Chemicals,
was approved.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of categorical exemption pursuant to Section 15301
(Existing Facilities) of the California Environmental Quality Act
(CEQA) Guidelines.
2. Award Bid #4461 to Avista Technologies Corporation as the primary
vendor for the purchase of antiscalant and clean-in-place (CIP)
chemicals; and to King Lee Technologies as the secondary vendor
for the purchase of CIP chemicals for the Public Works Department.
3. Authorize the Procurement Manager to issue a purchase order with
Avista Technologies Corporation for antiscalant and CIP chemicals
for a total amount not to exceed $4,205,000 over a five-year period,
with future year funding contingent on Council budget approval.
4. Authorize the Procurement Manager to issue a purchase order with
King Lee Technologies for CIP chemicals for a total amount not to
exceed $1,600,000 over a five-year period, with future year funding
contingent on Council budget approval.
SALES AND USE TAX
AUDIT AND
INFORMATION
SERVICES
5.F. Award RFP No. 380 and enter into Agreement No. 11502 (CCS)
with Hinderliter, de Llamas & Associates to Provide Sales and Use Tax
Audit and Information 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. Award RFP 380 to Hinderliter, de Llamas & Associates to provide
sales and use tax audit and information services for the Finance
Department.
3. Authorize the City Manager to negotiate and execute a Professional
Services Agreement No. 11502 (CCS) with Hinderliter, de Llamas
& Associates, a California Corporation, in an estimated amount of
$516,000 for five years with one three-year renewal option, with
future year funding contingent on Council budget approval.
POLICE CANINE
RETIREMENT
5.G. Approval of Police Canine Retirement, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the retirement of police service dog Arko from Police
service.
2. Authorize Arko be sold to Santa Monica Police Officer Louis
Marioni for the sum of one dollar.
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
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PUBLIC SAFETY
VEHICLES
5.H. Authorize a Purchase Order for the Purchase of Ford Police
Interceptor Utility Vehicles for the Police and Fire Departments, was
approved.
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 Procurement Manager to issue a purchase order with
Folsom Lake Ford for the purchase of forty-two Ford Interceptor
Utility Vehicles for the Police and Fire Departments. 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 $3,175,000 (including a 10% contingency) with
future year funding contingent on Council budget approval.
MEDICAL BILLING
REVIEW SERVICES
5.I. Award Agreement No. 11503 (CCS) to Lien On Me, Inc. for
Workers’ Compensation Medical Bill Review 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. Award RFP# 367 to Lien On Me Inc. (Lien On Me) for workers’
compensation medical bill review services for the Finance
Department;
3. Authorize the City Manager to negotiate and execute Agreement No.
11503 (CCS) with Lien On Me, in an amount not to exceed $485,000
over a five-year period, with future year funding contingent on
Council budget approval.
MASTER SERVICES
AGREEMENT
5.J. Second reading and adoption of Ordinance No. 2763 (CCS)
entitled: “AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2.24.110 AND 2.24.220(G) TO DELEGATE AUTHORITY
AND ADJUST AS-NEEDED SERVICES AGREEMENT THRESHOLDS
BASED ON CHANGES TO THE CALIFORNIA CONSTRUCTION
INDEX,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
CANNABIS 5.K. Second reading and adoption of Interim Zoning Ordinance No.
2764 (CCS) entitled: “AN INTERIM ZONING ORDINANCE OF THE
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CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE
TEXT OF THE ZONING ORDINANCE TO: (1) REPLACE THE TERM
“MEDICAL MARIJUANA DISPENSARY” WITH “MEDICINAL
CANNABIS RETAILER”; (2) REMOVE CERTAIN REQUIREMENTS
FOR MEDICINAL CANNABIS RETAILERS FOR CONSISTENCY
WITH STATE LAW; AND (3) PERMIT MEDICINAL CANNABIS
RETAILERS TO SELL ADULT-USE CANNABIS OR ADULTUSE
CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND
OVER,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
CANNABIS 5.L. Second reading and adoption of Ordinance No. 2765 (CCS)
entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 6.203.010 OF THE SANTA
MONICA MUNICIPAL CODE TO ALLOW MEDICINAL CANNABIS
RETAILERS WITH MEDICINAL CANNABIS PERMITS ISSUED
BEFORE OCTOBER 10, 2023 TO DELIVER, CULTIVATE, AND SELL
ADULT-USE CANNABIS OR ADULT-USE CANNABIS PRODUCTS
TO PERSONS 21 YEARS OF AGE AND OVER, SUBJECT TO SANTA
MONICA MUNICIPAL CODE SECTION 9.31.185,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
WASTEWATER
CAPACITY STUDIES
5.M. Second reading and adoption of Ordinance No. 2766 (CCS)
entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA
MONICA MUNICIPAL CODE TO REQUIRE WASTEWATER
CAPACITY STUDIES FOR NEW DEVELOPMENTS,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
WATER CAPACITY
STUDIES
5.N. Second reading and adoption of Ordinance No. 2767 (CCS)
entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA
MONICA MUNICIPAL CODE TO REQUIRE WATER CAPACITY
STUDIES FOR NEW DEVELOPMENTS,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
ACCESS AND STREET
IMPROVEMENTS
5.O. Second reading and adoption of Ordinance No. 2768 (CCS)
entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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SANTA MONICA REPLACING THE TEXT OF SANTA MONICA
MUNICIPAL CODE SECTION 7.04.800 IN ITS ENTIRETY AND
RENAMING THE SECTION TO “DEDICATION, EASEMENTS
AND IMPROVEMENTS OF PUBLIC RIGHT-OF-WAY,” was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
AFSCME LOCAL 4819 5.P. Adoption of Resolution No. 11562 (CCS) to Accept Tentative
Agreement and Authorize Execution of MOU with AFSCME Local
4819, was approved and adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15324
(Class 24 Regulations of Working Conditions) of the California
Environmental Quality Act (CEQA) Guidelines;
2. Adopt the proposed Resolution No. 11562 (CCS) entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ACCEPTING THE TENTATIVE
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE AFSCME LOCAL 4819, MANAGEMENT TEAM
ASSOCIATION” (Attachment A) accepting the Tentative
Agreement (TA) and authorizing the City Manager to execute a
Memorandum of Understanding (MOU) with the AFSCME Local
4819, Management Team Association (AFSCME);
3. Adopt the salary schedule (Attachment B); and
4. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
MINUTES 5.Q. The minutes of the regular City Council meeting of October 10,
2023, 5:30 p.m., were approved as submitted.
COUNCIL MEETING
CANCELLATION
5.R. Cancellation of Regular City Council Meeting for January 9,
2024, was approved.
Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings
scheduled for January 9, 2024, due to a lack of a quorum.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Michael Pitkin, Ellis Raskin and Denise Barton
commented on Item 16.B.
Members of the public Jerry Rubin, Natalya Zernitskaya, Sam Shapiro-
Kline, Eli Gil, Carl Hansen, Caro Vilain, Austin Washington, Marcie Kravitz
(time donated by Kim B.), Ellis Raskin, Kent Strumpell, Denise Barton, Ken,
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Paula Cizek, Laura Joy, Sachin Goel, Mario Melgareo and Dr. Kahn
commented on Item 16.C.
ORDINANCES:
FEEDING ANIMALS
10.A. Introduction and First Reading of an Ordinance Modifying
Santa Monica Municipal Code Chapter 4.04.390 to Prohibit Feeding
Animals or Birds on the Pier and the Beach, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is categorically exempt
under Section 15061(b)(3) (Common Sense Exemption) of the
CEQA Guidelines.
2. Introduce for first reading the attached ordinance amending Santa
Monica Municipal Code Section 4.04.390 in its entirety to clarify
specific areas and to restrict feeding animals and birds on the Santa
Monica Pier and the beach.
Questions asked and answered of staff included if there is a plan to deter the
public from feeding birds, aside from the monetary fine, and if there have
been any attempts from staff to positively intervene to prevent this from
occurring. Additionally, how will the public be made aware of the feeding
restrictions.
Discussion ensued on addressing the water quality issue without
criminalizing bird feeding and offering positive interventions to the public to
avoid being subject to penalty fines. In addition to signage postings at the
pier and on social media, suggestion to post QR codes providing information
to educate the public.
Motion by Councilmember de la Torre, seconded by Councilmember Brock,
to approve the staff recommendations 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, Brock, Torosis, de la Torre,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
COUNCILMEMBER
DISCUSSION ITEMS:
LANDMARKS
COMMISSION
16.A. Recommendation to accept Jonathan Kaplan's resignation from
the Landmarks Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Mayor Davis, seconded by Councilmember Torosis, to accept the
resignation with gratitude and authorize the City Clerk to publish the
vacancy.
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The motion was unanimously approved by voice vote, with Mayor Pro Tem
Negrete absent.
CALIFORNIA
PROPOSITION 1
16.B. Request of Councilmember Torosis, Councilmember Zwick and
Mayor Davis that the City Council support California Proposition 1, was
presented.
Motion by Councilmember de la Torre, seconded by Councilmember Parra,
to support California Proposition 1.
The motion was unanimously approved by voice vote, with Mayor Pro Tem
Negrete absent.
VISION ZERO 16.C. Request of Councilmember Zwick, Councilmember Torosis, and
Mayor Davis to strengthen the City’s Vision Zero commitment to
eliminate all fatal and severe-injury crashes from Santa Monica’s roads
in light of the recent tragic fatal crash involving a cyclist on Idaho
Avenue. Santa Monica has made great strides in advancing this
ambitious goal, yet more work remains to fully realize the initiative. To
that end, the City Council directs the City Manager to work with staff
to implement the following initiatives to improve roadway safety
through what are commonly referred to as the three E’s of
transportation safety: engineering, enforcement, and education, was
presented.
Motion by Councilmember Parra, seconded by Councilmember Brock, to
support the City’s Vision Zero commitment and direct the City Manager to
work with staff to implement the three E’s of transportation safety.
The motion was unanimously approved by voice vote, with Mayor Pro Tem
Negrete absent.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 9:34 p.m.
in memory of Tania Mooser, Tom Roszhart and Paul Jamar.
ATTEST: APPROVED:
Esterlina Lugo Gleam Davis
Acting City Clerk Mayor
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