CAL FIRE - Office of the State Fire Marshal
Information Bulletin 20-007
Issued: December 15, 2020
Use of Heaters in Temporary Tents & Awnings
The use of tents and membrane structures have become prevalent within the State Blueprint for a Safer Economy for outdoor dining, beverage service, and events when such businesses are required to operate outdoors. CAL FIRE - Office of the State Fire Marshal (OSFM) encourages expedited approval of designated facilities and operations but reminds everyone that the California Code of Regulations Title 19 and Title 24 continue to remain in effect.
Given the critical nature of the COVID-19 pandemic outbreak, OSFM is providing expedited certification of tents, permitting tent and/or fabric manufacturers to field label tents after contacting the Office of the State Fire Marshal, and permitting tents to be field treated by a State Fire Marshal certified flame-retardant General Applicator.
The OSFM provides statewide fire prevention regulations for the use of tents, awnings, or other fabric enclosures. Below are some important elements of the statues and regulations.
Approval of Temporary Tents, and Membrane Structures:
Based on the size of tent, a permit from the local fire department, or OSFM on state property, may likely be required. In addition to these regulations, all state and local public health directives shall also be followed.
Tent and Membrane Structure Materials
California regulations require that all tents manufactured, sold, rented, or used be made from nonflammable material or material treated with a flame-retardant chemical approved by OSFM.
Title 19 CCR §1171
Each section of the top and sidewalls of large tents (ten or more occupants) shall have the State Fire Marshal seal of registration label. Small tents (nine or less occupants) may have a registration label meeting the provisions of CPAI-84; otherwise the State Fire Marshal seal of registration label is required. Title 19 CCR §335
Fuel-Fired Heating Appliances
Any heaters with open flame, open flame elements, or exposed heating elements are prohibited from being used inside a tent structure. Title 19 CCR §317. Per manufacture recommendations, these types of appliances should only be used in open outdoor space areas with plenty of air flow.
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Packet Pg. 1068 Attachment: CAL FIRE Official Interpretation -December 2020 (5401 : Outdoor Dining Program Updates)
Information Bulletin 20-007 (Continued)
Examples of fuel fired appliances include:
Liquefied petroleum gas shall not be stored or used in connection with any tent unless the storage containers, equipment, fittings, appliances, placement, use, and operation comply with Title 19 CCR §325.
Forced air heaters may be used to heat tents and membrane structures as these units are positioned on the outside of a tent with heat pumped in through a duct under the sidewall of the tent. Examples are provided below:
Electric heating appliances
Portable electric heating appliances shall be listed for its specific use and labeled by an approved testing laboratory. All appliances shall be used per the appliance’s listing for its approved location and use type. Portable electric heating appliances must also be equipped with a tip-switch cutoff and have concealed heating elements. Heating appliances shall be used in accordance with Title 19 CCR §3.17 and California Electric Code (CEC) Chapter 424.
Code References for Location and Use of Tents, Canopies, and Membrane Structures:
The State Fire Marshal shall prepare and adopt rules and regulations establishing minimum requirements for the prevention of fire and panic in connection with the use of tents, awnings, or other fabric enclosures. Health and Safety Code Section 13116
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Packet Pg. 1069 Attachment: CAL FIRE Official Interpretation -December 2020 (5401 : Outdoor Dining Program Updates)
Information Bulletin 20-007 (Continued)
Outdoor spaces created on public property must have a permit issued for Temporary Membrane Structures and Tents. The fire code official shall issue a permit and inspect tents, canopies and membrane structures covering an aggregate area of 400 square feet or more. 2019 CFC §105.6.47
A building permit from the Building Department is required for membrane structures for use exceeding 180 days. 2019 CFC §105.3.1
NFPA 701 may be applied when recognized by the authority having jurisdiction. Title 19 CCR §1.09
Tents, canopies, and membrane structures shall not be installed within 20 feet of buildings unless approved by the fire code official. 2019 CFC §3103.8.2 Tents, canopies, and membrane structures shall be installed a minimum of 20 feet from parked vehicles or internal combustion engines. Title 19 CCR §312 There shall be a clearance of not less than 3 feet between the fabric sides of a tent, canopy or membrane structure and all contents located inside the tent, canopy, or membrane structure. 2019 CFC §3107.8
Extension cords serving a tent, canopy or membrane structure must be protected by a Ground Fault Circuit Interrupter (GFCI) and must be protected from damage. CEC Table 400.4 Tents and their appurtenances shall be adequately roped, braced, and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official. 2019 CFC §3103.9 Means of egress shall always be maintained. Title 19 CCR §3.11 Flammable vegetation, materials and combustible waste is not permitted within 50 feet of the tent or membrane structure. Title 19 CCR §326
Smoking shall not be permitted in tents. Approved “No Smoking” signs shall be conspicuously posted. Title 19 CCR §316
Portable fire extinguishers shall be provided. Title 19 CCR §319 Generators and other internal combustion power sources shall be separated from tents, canopies, or membrane structures by a minimum of 20 feet and shall be isolated from contact with the public by fencing, enclosure, or other approved means. All generators must be bonded and grounded. 2019 CFC §3107.16
Liquids having a flash point below 200°F shall not be stored in any tent nor less than 50 feet from any tent. Title 19 CCR §324
For more information please visit our website http://osfm.fire.ca.gov For assistance in obtaining an approved OSFM Certificate of Registration for tents and flame retardant material assistance, please contact Deputy Patricia Setter, OSFM Flame Retardant Program Coordinator at (916) 597-5703 or email: [email protected].
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Packet Pg. 1070 Attachment: CAL FIRE Official Interpretation -December 2020 (5401 : Outdoor Dining Program Updates) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 11.B
1 of 7
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of a Resolution to Establish a Home-Share Legalization Program Recommended Action
Staff recommends that City Council:
1. Adopt findings set forth in “Environmental Analysis” determining the adoption of a resolution to establish a home-share legalization program is exempt under the California Environmental Quality Act; and
2. Adopt a resolution establishing a home-share legalization program to authorize issuance of temporary, conditional home-share permits pending amendments to the City’s home-share regulations.
Summary
On June 8, 2021, City Council directed staff to return with proposed amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host. Amendments to Santa Monica Municipal Code (SMMC) Section 9.21.020, Accessory Structures, are also necessary for consistency with Council direction. As those amendments are still pending, this report presents a special home-share legalization program that would allow Council to authorize previously permitted home-share operators to receive a temporary, conditional permit to resume operations pending updates to the home-share ordinance, as long as the proposed home-share units do not have any outstanding unpermitted work.
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Background
On May 12, 2015, Council adopted Ordinance 2484 (CCS) to clarify the long-standing prohibition of vacation rentals and to allow and impose regulations on home-sharing.
On January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the homesharing ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms. On June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017, as separate dwelling units for the purpose of defining home-sharing activity. On September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals.
As reflected in the recitals to each of the ordinances, Council’s intent in permitting regulated home-sharing while prohibiting vacation rentals was to strike a balance:
allowing residents to supplement their income through home-sharing and providing home-share visitors with potentially more affordable accommodations, while deterring landlords from evading rent control laws, evicting tenants, and converting residential units into de facto hostels or hotels, thus removing needed permanent housing from the market while at the same time changing the character of and undermining community ties in residential neighborhoods.
In the course of continuing to update the home-share ordinance to address the ways in which property owners have attempted to circumvent the law and take advantage of loopholes, some homeowners who previously had approved home-share permits were inadvertently caught in the changing regulations without a viable pathway to come into compliance.
Discussion
Requirements and Definitions in Home-Sharing Ordinance
Council’s direction to staff was in response to complaints from some homeowners that their home-share permits were denied upon renewal due to changes in City regulations
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or because the permit was previously erroneously issued. These denials were based on provisions in Santa Monica Municipal Code (SMMC) Chapter 6.20, Home-Sharing and Vacation Rentals, that were added in 2017 and 2019 in response to illegal home-share operations occurring in the city and to include more stringent rules and regulations for a home-share permit including but not limited to the following requirements:
1) Home-share must be in a dwelling unit that is the primary residence of the host 2) The host must live on-site in the dwelling unit through the visitors’ stay The home-share ordinance defines a “dwelling unit” as “one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.” Accessory buildings, defined in SMMC Section 9.52.020.0290 as a “detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use” may be considered part of the main building – and eligible for home-sharing – if it is located within six feet of the main building or connected to it by a fully enclosed space [see SMMC Section 9.21.020(A)].
Therefore, detached accessory buildings more than six feet from the main building cannot be home-shared.
An accessory dwelling unit (ADU) is defined in SMMC Section 9.31.025 as an “attached or detached residential dwelling unit that provides complete independent living facilities…and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. An ADU shall contain a kitchen and full bathroom separate from the primary dwelling(s) and accessible only to the inhabitants of the ADU…” The homeshare ordinance considers an ADU that received its building permit after March 31, 2017, to be a separate dwelling unit, and, therefore, only eligible for home-sharing by the long-term resident of the ADU (meaning that the ADU must be the primary residence of the host). Long-term residents of the single-unit dwelling onsite are not eligible to home-share an ADU that received its permit after March 31, 2017. That prohibition added by Ordinance Number 2547 (CCS), took effect on July 27, 2017, and the home-share ordinance reflects this prohibition.
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Reasons for Denial of Home-Share Permits
Since September 2020, there have been approximately 16 denials for renewal of homeshare permits for properties that were previously approved for home-share. The denials of home-share permits generally fell into the following categories:
1) Home-share proposed in ADUs permitted after March 31, 2017, that were not the host’s primary residence;
2) Home-share proposed in detached accessory buildings that are more than 6 feet from the primary residence and therefore ineligible because they are neither ADUs nor considered part of the primary residence; and
3) Home-share proposed in accessory buildings that were never permitted or were permitted for another use of the accessory building, such as a playroom, office, or rumpus room but were never permitted for overnight occupancy as a bedroom or a dwelling unit. The City also previously required that accessory structures permitted for this purposes had to record a deed restriction that prohibited use of the accessory structure for a rent room or sleeping quarters. In a handful of cases, homeowners had obtained a building permit for the appropriate use of the accessory building but did not receive final inspection approval.
For unpermitted accessory buildings, if homeowners were to correct the permitting violations, but the accessory building is more than 6 feet from the primary residence, then the accessory building could not be eligible for home-share according to the homeshare regulations. If homeowners wanted to then convert the accessory building into a “new” accessory dwelling unit, obtaining permits to legalize their accessory dwelling unit would result in a building permit issued after March 31, 2017, thus also making the ADU ineligible for home-share. In this way, the existing home-share regulations do not provide a pathway for these detached structures to be home-shared going forward, even though they were previously permitted by the City for home-share.
Proposed Temporary Home-Share Legalization Program
In response to Council’s direction, staff proposes a two-pronged approach that would create a pathway for residents that were previously permitted for home-share to legalize
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their home-share units and provide temporary relief pending permanent ordinance updates.
To address the zoning restrictions that would be prevent the home-share of detached accessory buildings, amendments to the home-share ordinance would be necessary to not require that accessory buildings be located within 6 feet of the primary residence.
Essentially, the accessory buildings would be considered another bedroom of the primary residence and would need to be permitted as such. Further, the eligibility date for permitted ADUs to be home-shared (i.e., March 31, 2017) would need to be changed to allow newly legalized home-share units to be eligible for home-share.
Proposed amendments to the home-share ordinance and the zoning ordinance related to accessory structures will be brought forward with the Housing Element implementation redlines anticipated for February 2023. In the interim, staff has heard from at least 3 home-share applicants of their interest in resuming operations in time for the 2022 holiday season. Pending the preparation of amendments to the home-share ordinance, staff proposes that Council authorize a temporary home-share legalization program that would allow the issuance of temporary, conditional home-share permits that would otherwise violate provisions of the home-share ordinance related to accessory buildings and ADUs. The following are proposed conditions to qualify for the program:
1) The home-share applicant must have been previously permitted by the City to home-share;
2) The home-share applicant’s request to renew their permit must have been denied by the City due to changes in home-share regulations or because the permit was previously erroneously issued; and
3) The proposed home-share unit cannot have any outstanding violations for unpermitted work. This would require homeowners to obtain building permits and final inspection approval for their home-share units to ensure that spaces are safe for overnight occupancy.
The following home-share regulations would be waived under this special program:
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• Requirement that the accessory building being proposed for home-share is within 6 feet of the primary residence,
• Prohibition against accessory buildings containing a shower or tub enclosure; • Enforcement of deed restrictions recorded against a permitee’s property that prohibit use of an accessory structure as a rented room or sleeping quarters as long as the permitted has a valid permit issued pursuant to the Homeshare Legalization Program; and
• Requirement that an ADU have received a building permit prior to March 31, 2017, in order to allow home-sharing by the long-term resident of the primary dwelling.
The conditions to qualify for the program provides a fair pathway to incentivize previously permitted home-share operators to obtain building permits and final inspection to ensure that home-share units meet current Building and Fire Codes and ensures that by doing so, they are eligible to obtain a home-share permit to resume their home-share operation. If approved by Council, the special program would terminate at the earlier of the effective date of future amendments to the home-share ordinance or June 30, 2023, unless otherwise extended by Council.
Environmental Analysis
The proposed temporary home-share legalization program would allow a very limited number of previously permitted home-share operators to receive temporary permission to resume operations in violation of zoning restrictions pending permanent amendments to the Municipal Code is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines. Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed temporary program will have a significant effect on the environment. The home-share legalization program would allow the temporary resumption of operations in locations that were previously permitted for home-share on properties with existing dwelling units. All home-share units would need to be fully
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permitted and complete final inspection in order to be eligible for this program.
Therefore, no further environmental review under CEQA is required.
Past Council Actions
Meeting Date Description
5/2/15
(Attachment B)
Ordinance 2484 – Home-sharing Ordinance
1/24/17
(Attachment C)
Ordinance 2535 – Home-sharing Ordinance update; amend
definitions, limit obligations on hosting platforms
6/27/17
(Attachment D)
Ordinance 2547 – Home-sharing Ordinance update; treatment of accessory dwelling units
9/24/19
(Attachment E)
Ordinance 2616 – Strengthen regulation of home-sharing and vacation rentals
Financial Impacts and Budget Actions
Home-share properties are required to collect and remit the City’s Transient Occupancy Tax. If the special program results in an increase in the number of home-share properties, there may be an increase in tax revenues. However, some of the properties that were previously permitted for home-share before being denied continued to pay the tax. Therefore, any increase in tax revenues is anticipated to be minor.
Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:
A. Resolution
B. 5/2/15 Council Report (Web Link)
C. 1/24/17 Council Report (Web Link)
D. 6/27/17 Council Report (Web Link)
E. 9/24/19 Council Report (Web Link)
F. CCD - Reso - Home-Share Legalization Program - 102522
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1 City Council Meeting: October 25, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING A HOME-SHARE LEGALIZATION PROGRAM
WHEREAS, on May 12, 2015, the Council adopted Ordinance 2484 (CCS), adding Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to clarify the City’s long-standing prohibition of renting any dwelling unit, in whole or in part, for a period of thirty consecutive days or less for exclusive transient use, or “vacation rentals”, and to relax that prohibition by allowing renting of one or more bedrooms in a dwelling unit that is the primary residence of the host for a period of thirty consecutive days or less, while the host lives on site, in the dwelling unit, throughout the visitors’ stay, or “home-sharing” (the “Home-Sharing Ordinance”); and
WHEREAS, on January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the Home-Sharing Ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms; and
WHEREAS, on June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017 as separate dwelling units for the purpose of defining home-sharing activity; and
WHEREAS, on September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals; and
11.B.a
Packet Pg. 1078 Attachment: Resolution [Revision 2] (5403 : Home-share Legalization Program (15 mins)) 2 WHEREAS, permitting regulated home-sharing while prohibiting vacation rentals strikes an important balance: allowing residents to supplement their income through home-sharing and providing home-share visitors with potentially more affordable accommodations, while deterring landlords from evading rent control laws, evicting tenants, and converting residential units into de facto hostels or hotels, thus removing needed permanent housing from the market while at the same time changing the character of and undermining community ties in residential neighborhoods; and WHEREAS, Santa Monica Municipal Code Section 9.21.020 provides that accessory structures shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 prohibits an accessory structure from containing a shower or tub enclosure; and WHEREAS, since September 2020, the City has denied applications for renewal of home-share licenses for properties that were previously approved for home-share due to changes in regulations in the home-share regulations or because the permits were previously erroneously issued; and
WHEREAS, on June 8, 2021, City Council directed staff to return with proposed amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host; and WHEREAS, amendments to Santa Monica Municipal Code Section 9.21.020 are necessary for consistency with Council direction; and
11.B.a
Packet Pg. 1079 Attachment: Resolution [Revision 2] (5403 : Home-share Legalization Program (15 mins)) 3 WHEREAS, amendments to Santa Monica Municipal Code Chapter 6.20 and Section 9.21.020 remain pending; and
WHEREAS, the City Council now desires to establish a home-share legalization program that would allow Council to authorize previously licensed home-share operators to receive a temporary, conditional license to resume operations pending updates to the Home-Share Ordinance, as long as the proposed home-share units do not have any outstanding unpermitted work in order to protect the health and safety of home-sharing guests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Establishment of Program. The City Council hereby establishes a Home-Share Legalization Program in accordance with the terms and conditions set forth herein.
SECTION 2. Authorization to Issue Temporary Permits; Eligibility. The City Manager, or designee, is hereby authorized to issue temporary, conditional home-sharing permits if applicant satisfies all of the following:
A. The City previously issued the applicant a home-share permit for the dwelling unit in accordance with Chapter 6.20.
B. The City subsequently denied the applicant’s request to renew the homeshare permit due to changes in the City’s home-share regulations or because the permit was previously erroneously issued.
C. The dwelling unit applicant proposes to use for home-sharing activities does not have any outstanding code violations for unpermitted work. To satisfy this condition,
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Packet Pg. 1080 Attachment: Resolution [Revision 2] (5403 : Home-share Legalization Program (15 mins)) 4 applicants must obtain building permits and final inspection approval for the proposed dwelling unit to ensure that spaces meet all health and safety requirements for overnight occupancy.
SECTION 3. Applicability of home-share and related regulations.
A. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or applicable administrative regulations, the following provisions shall not apply to permittees receiving permits in accordance with the Home-Sharing Legalization Program:
1. Requirement that the accessory building being proposed for homeshare is within 6 feet of the primary residence in accordance with Santa Monica Municipal Code Sections 6.20.010(c) and 9.21.020(A).
2. Prohibition against accessory structures containing a shower or tub enclosure in accordance with 9.21.020(A).
3. Requirement that an ADU have received a building permit prior to March 31, 2017 in accordance with Santa Monica Municipal Code Section
6.20.010(c).
B. Except as provided in this Section 3, home-sharing operations conducted pursuant to a permit issued in accordance with the Home-Share Legalization Program are subject to all applicable law and accompanying administrative regulations.
SECTION 4. Term. Permits issued pursuant to shall expire on the earlier of: 1) effective date of amendments to Santa Monica Municipal Code Chapter 6.20 and Section
9.21.020 as described herein; or June 30, 2023, unless otherwise terminated earlier in accordance with the terms of the permit.
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Packet Pg. 1081 Attachment: Resolution [Revision 2] (5403 : Home-share Legalization Program (15 mins)) 5 SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
11.B.a
Packet Pg. 1082 Attachment: Resolution [Revision 2] (5403 : Home-share Legalization Program (15 mins)) 1 City Council Meeting: October 25, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING A HOME-SHARE LEGALIZATION PROGRAM
WHEREAS, on May 12, 2015, the Council adopted Ordinance 2484 (CCS), adding Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to clarify the City’s long-standing prohibition of renting any dwelling unit, in whole or in part, for a period of thirty consecutive days or less for exclusive transient use, or “vacation rentals”, and to relax that prohibition by allowing renting of one or more bedrooms in a dwelling unit that is the primary residence of the host for a period of thirty consecutive days or less, while the host lives on site, in the dwelling unit, throughout the visitors’ stay, or “home-sharing” (the “Home-Sharing Ordinance”); and
WHEREAS, on January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the Home-Sharing Ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms; and
WHEREAS, on June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017 as separate dwelling units for the purpose of defining home-sharing activity; and
WHEREAS, on September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals; and
11.B.f
Packet Pg. 1083 Attachment: CCD - Reso - Home-Share Legalization Program - 102522 (5403 : Home-share Legalization Program (15 mins)) 2 WHEREAS, permitting regulated home-sharing while prohibiting vacation rentals strikes an important balance: allowing residents to supplement their income through home-sharing and providing home-share visitors with potentially more affordable accommodations, while deterring landlords from evading rent control laws, evicting tenants, and converting residential units into de facto hostels or hotels, thus removing needed permanent housing from the market while at the same time changing the character of and undermining community ties in residential neighborhoods; and WHEREAS, Santa Monica Municipal Code Section 9.21.020 provides that accessory structures shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 prohibits an accessory structure from containing a shower or tub enclosure; and WHEREAS, the Santa Monica Municipal Code previously required certain property owners to record deed restrictions which, in part, prohibited using accessory structures that were not accessory dwelling units as rented rooms or sleeping quarters; and WHEREAS, since September 2020, the City has denied approximately applications for renewal of home-share licenses for properties that were previously approved for home-share due to changes in regulations in the home-share regulations or because the permits were previously erroneously issued; and WHEREAS, on June 8, 2021, City Council directed staff to return with proposed amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing
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Packet Pg. 1084 Attachment: CCD - Reso - Home-Share Legalization Program - 102522 (5403 : Home-share Legalization Program (15 mins)) 3 ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host; and WHEREAS, amendments to Santa Monica Municipal Code Section 9.21.020 are necessary for consistency with Council direction; and
WHEREAS, amendments to Santa Monica Municipal Code Chapter 6.20 and Section 9.21.020 remain pending; and
WHEREAS, the City Council now desires to establish a home-share legalization program that would allow Council to authorize previously licensed home-share operators to receive a temporary, conditional license to resume operations pending updates to the Home-Share Ordinance, as long as the proposed home-share units do not have any outstanding unpermitted work in order to protect the health and safety of home-sharing guests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Establishment of Program. The City Council hereby establishes a Home-Share Legalization Program in accordance with the terms and conditions set forth herein.
SECTION 2. Authorization to Issue Temporary Permits; Eligibility. The City Manager, or designee, is hereby authorized to issue temporary, conditional home-sharing permits if applicant satisfies all of the following:
A. The City previously issued the applicant a home-share permit for the dwelling unit in accordance with Chapter 6.20.
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Packet Pg. 1085 Attachment: CCD - Reso - Home-Share Legalization Program - 102522 (5403 : Home-share Legalization Program (15 mins)) 4 B. The City subsequently denied the applicant’s request to renew the homeshare permit due to changes in the City’s home-share regulations or because the permit was previously erroneously issued.
C. The building or structure applicant proposes to use for home-sharing activities does not have any outstanding code violations for unpermitted work. To satisfy this condition, applicants must obtain building permits and final inspection approval for the proposed building or structure to ensure that spaces meet all health and safety requirements for overnight occupancy.
SECTION 3. Applicability of home-share and related regulations.
A. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or applicable administrative regulations, the following provisions shall not apply to permittees receiving permits in accordance with the Home-Sharing Legalization Program:
1. Requirement that the accessory structure being proposed for homeshare is within 6 feet of the primary residence in accordance with Santa Monica Municipal Code Sections 6.20.010(c) and 9.21.020(A).
2. Prohibition against accessory structures containing a shower or tub enclosure in accordance with 9.21.020(A).
3. Requirement that an ADU receive a building permit prior to March 31, 2017 to allow home-sharing by the long-term resident of the principal dwelling unit in accordance with Santa Monica Municipal Code Section 6.20.010(c).
B. Provisions in real property deed restrictions in favor of the City that are recorded against a permittee’s property and prohibit use of an accessory structure as a
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Packet Pg. 1086 Attachment: CCD - Reso - Home-Share Legalization Program - 102522 (5403 : Home-share Legalization Program (15 mins)) 5 rented room or sleeping quarters shall not be enforced against permittees with a valid permit issued pursuant to the Home-Share Legalization Program.
C. Except as provided in this Section 3, home-sharing operations conducted pursuant to a permit issued in accordance with the Home-Share Legalization Program are subject to all applicable law and accompanying administrative regulations.
SECTION 4. Term. Permits issued pursuant to shall expire on the earlier of: 1) effective date of amendments to Santa Monica Municipal Code Chapter 6.20 and Section
9.21.020 as described herein; or 2) June 30, 2023, unless otherwise terminated earlier in accordance with the terms of the permit.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1087 Attachment: CCD - Reso - Home-Share Legalization Program - 102522 (5403 : Home-share Legalization Program (15 mins)) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 14.A
1 of 10
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Adoption of a Resolution Declaring Intention to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program Recommended Action
Staff recommends that the City Council adopt the attached Resolution of Intent declaring the Council’s intent to hold a public hearing on November 15, 2022 to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network for a 20-year term, per the terms and conditions stated in the resolution.
Executive Summary
The City initiated the Digital Wayfinding and Out-of-Home Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety via emergency capabilities, deliver community messaging, and generate revenues through advertising sales. Deployment of the kiosk network would be structured as a franchise agreement with an exclusive vendor that would require no direct costs incurred or investment made by the City, with the franchisee required to install, operate, and maintain the kiosks. Compensation for the City and the franchisee would be realized through profit-share of advertising revenues.
After an extensive evaluation process, finalist interviews, and reference checks, an internal evaluation team selected BIG Outdoor as the best bidder. BIG Outdoor offered a financial package that was significantly higher than all other bidders (including a $4 million signing bonus and a 50% revenue share offer to the City, with a $5 million minimum annual guarantee), the greatest community benefits, and kiosk technology
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and design most appropriate for the culture and aesthetic of Santa Monica, and would bring a well-qualified, sophisticated, and experienced team to deploy, operate, and maintain the kiosk network.
Background
In response to a recommendation from the Budget Task Force in February 2020, the City of Santa Monica is in the early stages of building a Community Partnerships (i.e., public-private partnerships) program to take a more innovative and entrepreneurial approach to address community priorities and further diversify the City’s revenue streams. This would support the City’s financial stability and its ability to continue providing robust community programs and services, particularly during times of economic volatility or unpredictable events, like the COVID-19 pandemic that decimated many of the City’s revenue sources.
An equally important goal of the Community Partnerships program is to provide new opportunities for relationship-building and collaboration between the City, residents, and businesses. The creation of the philanthropic donor-advised fund We Are Santa Monica in April 2020 was the first component of this program. Since its inception, the Fund has raised more than $1.6 million in donations and granted nearly $1 million to local nonprofit organizations, including a $400,000 grant to Local Initiatives Support Corporation to facilitate a small business grants program that exclusively supported Santa Monica businesses impacted by the pandemic.
The next Community Partnerships initiative began in June 2020 when Council directed staff to work with The Superlative Group, Inc. (Superlative) to complete a valuation study to look at several viable public-private partnership opportunities, including a digital wayfinding and out-of-home advertising program, as well as potential sponsorship and naming rights opportunities. To complete this work, Superlative conducted site visits, extensive information gathering, comprehensive quantitative and qualitative valuation analyses, development of an asset database, policy and contract analysis, and industry benchmarking.
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In January 2021, as part of the City’s midyear budget update, staff presented the results of Superlative’s valuation study to Council. Following that presentation, Council directed staff to issue a Request for Proposals (RFP) to identify a franchise partner to establish a Digital Wayfinding and Out-of-Home (OOH) Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety with emergency capabilities, deliver community messaging, and generate new revenues through advertising sales.
Past Council Actions
Meeting Date Description
06/09/2020
(Attachment A)
Council directed staff to work with Superlative to complete a valuation study to look at all viable public-private partnership opportunities including sponsorships, naming rights, and digital wayfinding and out-of-home advertising.
01/26/2021
(Attachment B)
Council directed staff to move forward with an RFP process to identify a franchise partner to implement a Digital Wayfinding and Out-of-Home Advertising Program.
Discussion
Per Council’s direction, RFP #300 was published in December 2021 for a franchisee to manage a comprehensive advertising program to procure a partner that has successfully deployed, operated, and maintained kiosk programs in a minimum of three other similar markets, has a demonstrated history of producing strong advertising revenues, and is committed to actively managing the program to meet the needs of the City of Santa Monica and the community.
This would be a zero-dollar contract with the franchisee responsible for deploying, operating, and maintaining the kiosks at no cost to the City, with compensation realized through a percentage of advertising revenues. To ensure the franchisee has sufficient time to recover the significant initial capital investment required to launch the program, the term of the agreement would be 20 years.
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The RFP closed in January 2022 and six proposals were received. Staff conducted a comprehensive evaluation of all proposals and short-listed three finalists based on their ability to achieve the stated objectives with emphases on community benefits and profit sharing. Superlative then performed an in-depth analysis of the finalists’ proposals and advised staff on the appropriateness of the technical specifications, feasibility of revenue projections, and adequacy of community benefits included in each.
Staff interviewed three finalists and then invited the top two to submit Best and Final Offers. After significant consideration, the internal evaluation team determined BIG Outdoor would be the best franchise partner for the City. BIG Outdoor has successfully launched similar digital kiosk networks in partnership with business improvement districts (BIDs) and retail centers in cities such as Miami, New York, Dallas, and Austin, and references attested to BIG Outdoor’s qualifications, responsiveness to community concerns, and the overall success of their digital wayfinding and OOH advertising networks.
Given that Santa Monica’s digital kiosks would largely be installed in commercial/retail corridors and in consultation with our BIDs, BIG Outdoor’s reputation for cultivating positive relationships with local businesses would be invaluable to the success of our kiosk network. Further, BIG Outdoor has extensive experience working with municipalities on various other advertising projects, including the City of West Hollywood.
The RFP required bidders to provide estimated revenue projections for the 20-year franchise term, as well as a minimum annual guarantee of revenues the City would receive if projected revenues are not achieved. BIG Outdoor’s proposal offered significantly higher financial benefits to the City than any other bidder.
Projected Revenues
BIG Outdoor offered the City a 50% share of adjusted gross revenues, which it estimates would be an approximate average of more than $14 million annually over the franchise term, assuming a total of 50 kiosks are installed. City staff inquired into the
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viability of BIG Outdoor’s revenue projections, given that they were considerably higher than all other bidders. Staff learned BIG Outdoor has existing relationships with many notable high-profile companies that heavily invest in advertising to grow and maintain their market share, including American Express, Apple, Facebook, and Uber, among others. BIG Outdoor has been active in Santa Monica since 2013 with its digital signage network at Santa Monica Place, and its RFP revenue projections were informed by current rates in the local OOH market.
Minimum Annual Guarantee
BIG Outdoor offered a minimum annual guarantee of $5 million commencing upon full deployment and completion of Phase 1, with 3% escalation every three years for the duration of the franchise term. Effectively, the City would receive either 50% of adjusted gross revenues or $5 million per year, whichever is higher.
Signing Bonus
In addition to the 50% revenue share and minimum annual guarantee offers, BIG Outdoor also committed to paying the City a $4 million signing bonus prior to the effectiveness of the franchise agreement. A signing bonus was not requested in the RFP and the offer demonstrates BIG Outdoor’s stable financial position and confidence in its success in the Santa Monica market.
Additional Community Benefits
BIG Outdoor committed to contribute 2% of its net media revenues from the Santa Monica kiosk network towards community programs and services at the City’s discretion. This type of benefit was not requested in the RFP, was not offered by any other bidder, and validates BIG Outdoor’s commitment to being an engaged community partner.
To ensure success of the program, BIG Outdoor has also committed to hiring a full-time community ambassador to interface directly with the City and community for all communications. This would be a community member who is intimately familiar with Santa Monica’s neighborhoods, residents, culture, and local businesses.
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Furthermore, the City of Santa Monica would receive 10% free screen time dedicated to promoting City programs, services, initiatives, and announcements. In addition, any unsold time could be utilized for City messaging.
Maintenance and Repair
BIG Outdoor would be responsible for all maintenance and repair expenses, including graffiti removal, and would have a full-time team deployed seven days per week dedicated to maintaining the kiosk network. BIG Outdoor would also proactively monitor kiosks for software and network issues 24 hours per day.
Kiosk Design
The kiosks proposed by BIG Outdoor are designed for functionality and ease of use, and would include a variety of public benefits and smart technologies such as:
• Wayfinding information highlighting local businesses and attractions; • Public safety alerts;
• Emergency blue phone capability;
• Optional public safety surveillance;
• Public Wi-fi;
• Access to the City’s 3-1-1 customer service portal;
• Real-time transportation information, including arrival/departure data (e.g., bus, train, shared mobility devices, etc.);
• Pedestrian counting data;
• Photo booth with customizable Santa Monica digital frames and filters; • Multilingual display; and
• City and community messaging/advertising space.
In addition to these features, BIG Outdoor would retain a local architect to design the exterior of Santa Monica’s kiosks to ensure they are fully customized for our community and aesthetically suitable for the areas in which they would be installed. (Example kiosk designs are available in Attachment C for conceptual purposes only.)
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Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm BIG Outdoor
Evaluation Criteria Training/credentials/experience, competence/skill, capacity/ability to perform services promptly, sufficiency of financial/other resources, character/reputation, ability to provide future services as needed and price.
Municipal Code SMMC 2.24.190
RFPs Received
BIG Outdoor IKE Smart City Smart City Media
Jolt Charge Inc. iKahan Media Tranzito-Vector
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
12/01/2021 City's Online
Bidding Site Santa Monica Daily Press 8 01/22/2022
Justification to Award
Based on these criteria and criteria in SMMC 2.24.190, staff recommends BIG Outdoor as the best qualified firm to install, operate, and maintain the Digital Wayfinding and OOH Kiosk Program based on the firm’s expertise, experience with similar projects, the positive feedback received during reference checks, kiosk technology and user interface, community benefits, and significant financial commitments.
Project Plan
Once the franchise has been awarded and the agreement executed, BIG Outdoor would present and collaborate with the City and community (including residents, neighborhood organizations, and BIDs) to determine final kiosk designs and user interface/applications, as well as finalize permanent locations for the kiosks, based on locations previously approved by Council, and identify alternate sites should issues arise at any location. BIG Outdoor’s internal construction team, along with local subcontractors, would identify utility infrastructure relative to kiosk locations, create utility drawings and work plan for connectivity, coordinate with utility companies for approvals, and would compile and apply for all necessary building permits and entitlements.
The project team would provide a detailed implementation schedule and prepare sites for installation, including notifications to community members within the vicinity of
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construction. In addition to installation of the displays, BIG Outdoor would provide comprehensive staff training on operating services and procedures. Upon launch of the wayfinding and OOH kiosk network, BIG Outdoor would immediately implement a comprehensive daily maintenance plan.
Phase 1 would include hardware design and procurement, software and user interface design, kiosk installation and staff training, and ongoing network management, and would be deployed within 12 months. Phase 2 deployment would follow within 12 to 24 months of Phase 1.
Environmental Review
The project would install and operate up to 50 digital wayfinding/advertising kiosks in various locations throughout the city in the public right of way and other City-owned property. The kiosks would vary in size depending on space and other site specific locations; however, most would be on average 87-100" in height, 40-46" in width, and 10-12” in depth. The kiosks would provide interactive information and enhance public safety, and would be maintained by the franchisee.
The project is categorically exempt from CEQA pursuant to Sections 15303 and 15311 of the CEQA Guidelines. Section 15303 provides exemption for a class of projects (Class 3) consisting of the construction of limited numbers of new, small facilities or structures. Section 15311 provides exemption for a class of projects (Class 11) consisting of the construction of minor structures accessory to existing commercial, industrial, or institutional facilities, including small parking lots. In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of this CEQA exemption - the project site is not located in a sensitive environment, the project would not have a significant effect on the environment, the project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource.
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Minor excavation would be required to construct the kiosks, and therefore no significant construction impacts would occur. Furthermore, the kiosks would not be large enough to obstruct views of scenic resources, the installation of kiosks would not occur on hazardous or sensitive properties, and the kiosks would not damage historic or scenic resources. Therefore, this project is a Class 3 and 11 project that is categorically exempt per Section 15303 and 15311 of the CEQA Guidelines.
Next Steps
Upon adoption of the Resolution of Intent to Hold a Public Hearing, the RFP protest period would begin. The public hearing and first reading of the ordinance to award the franchise agreement would take place at the City Council’s November 15, 2022 special meeting and any protests would be heard at that time. The second reading, adoption of the ordinance, and official award of the franchise would follow at Council’s regular meeting on December 13, 2022.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. The program would be structured as a franchise agreement that would require no direct costs incurred or investment made by the City, with the franchisee required to install, operate, and maintain the kiosks. Staff will return to Council for the public hearing to award the franchise to BIG Outdoor to install and for approval of corresponding budget actions to facilitate the forthcoming revenues.
Prepared By: Melissa Spagnuolo, Community Partnerships Manager Approved Forwarded to Council
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Attachments:
A. June 9, 2020 Staff Report (Web Link)
B. January 26, 2021 Staff Report (Web Link)
C. Kiosk Design Concepts
D. Resolution of Intent to Hold Public Hearing to Award Franchise Agreement
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Attachment: Kiosk Design Concepts (5192 : Resolution of Intent to Award OOH Kiosk Franchise (60
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Attachment: Kiosk Design Concepts (5192 : Resolution of Intent to Award OOH Kiosk Franchise (60
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Attachment: Kiosk Design Concepts (5192 : Resolution of Intent to Award OOH Kiosk Franchise (60 City Council Meeting 10-25-2022 Santa Monica, California RESOLUTION NUMBER ____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
DECLARING ITS INTENT TO AWARD A DIGITAL WAYFINDING AND OUT-OF-HOME
ADVERTISING KIOSK FRANCHISE TO
BIG OUTDOOR.
WHEREAS, on January 26, 2021, the City Council directed City of Santa Monica staff to issue a Request for Proposals to identify a franchise partner to implement a digital wayfinding and out-of-home advertising program to provide interactive information to community members and visitors, enhance public safety with emergency capabilities, deliver community messaging, and generate new revenues through advertising sales; and
WHEREAS, the City of Santa Monica issued Request for Proposals #300 on December 1, 2021 for a franchise partner that has successfully deployed, operated, and maintained kiosk programs in a minimum of three other similar markets, has a demonstrated history of producing strong advertising revenues, and is committed to actively managing the program to meet the needs of the City of Santa Monica and the community; and
WHEREAS, City Charter Section 1601 requires that the City Council City pass a resolution declaring its intention to grant the franchises, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted; and
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Packet Pg. 1106 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5192 : Resolution of Intent to Award OOH Kiosk WHEREAS, such resolution must fix and set forth the day, hour and place when and where any persons having any interest in the franchises or any objection to the granting thereof may appear before the City Council and be heard thereon; and WHEREAS, the resolution must direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof, in the official newspaper; and WHEREAS, the time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution; and WHEREAS, at the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive.
Thereafter it may grant, or deny, the franchise, subject to the right of referendum of the people; and
WHEREAS, the City initiated the Digital Wayfinding and Out-of-Home Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety via emergency capabilities, deliver community messaging, and generate revenues through advertising sales; and
WHEREAS, deployment of the kiosk network would be structured as a franchise agreement with an exclusive vendor that would require no direct costs incurred or investment made by the City, with the franchisee required to install, operate, and maintain the kiosks; and
WHEREAS, compensation for the City and the franchisee would be realized through profit-share of advertising revenues; and
WHEREAS, after an extensive evaluation process, finalist interviews, and reference checks, an internal evaluation team selected BIG Outdoor as the best bidder,
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Packet Pg. 1107 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5192 : Resolution of Intent to Award OOH Kiosk based upon several factors, including a financial package that was significantly higher than all other bidders ($4 million signing bonus and a 50% revenue share offer to the City with a $5 million minimum annual guarantee), significant community benefits, and kiosk technology and design most appropriate for the culture and aesthetic of Santa Monica; and
WHEREAS, BIG Outdoor has agreed that the terms and conditions upon which the digital wayfinding and out-of-home advertising kiosk franchise will be granted are as follows: the franchise term will be twenty (20) years; installation of up to fifty (50) digital kiosks; the City will receive a fifty-percent (50%) share of adjusted gross revenues or a minimum annual guarantee of five-million dollars ($5,000,000) per year with a threepercent (3%) escalation every three years, whichever is higher; the franchise grantee will contribute two-percent (2%) of franchisee’s annual net media revenues to community programs and services at the City’s discretion; and a one-time signing bonus in the amount of four-million dollars ($4,000,000) that will be paid to the City prior to the effectiveness of the franchise agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The above referenced recitals are incorporated by reference as true and correct.
SECTION 2. Council hereby declares its intent to grant a digital wayfinding and out-of-home advertising kiosk franchise to BIG Outdoor.
SECTION 3. The terms and conditions upon which the digital wayfinding and out-of-home advertising kiosk franchise will be granted are as follows: the franchise term
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Packet Pg. 1108 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5192 : Resolution of Intent to Award OOH Kiosk will be twenty (20) years; installation of up to fifty (50) digital kiosks; the City will receive a fifty-percent (50%) share of adjusted gross revenues or a minimum annual guarantee of five-million dollars ($5,000,000) per year with a three-percent (3%) escalation every three years, whichever is higher; the franchise grantee will contribute two-percent (2%) of its annual net media revenues to community programs and services at the City’s discretion; and a one-time signing bonus in the amount of four-million dollars ($4,000,000) that will be paid to the City prior to the effectiveness of the franchise agreement.
SECTION 4. The public hearing at which Council shall hear and pass upon all protests with respect to the proposed digital wayfinding and out-of-home advertising kiosk franchise grantee set forth in Section 2 will take place on November 15, 2022, at 5:30 p.m., at 1685 Main Street, Santa Monica, California 90401.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth the same shall be in full force and effect. The City Clerk shall cause this Resolution to be published once in the official newspaper within 15 days after its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1109 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5192 : Resolution of Intent to Award OOH Kiosk City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Personnel Board for a term ending on 6/30/2023.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Applicant List
B. Add-To
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Revised 10/17/22 at 5pm
City of Santa Monica
Boards and Commissions Applicants
Personnel Board
Name Application Date
Daniel Ivanov 6/26/2022
TOTAL APPLICANTS: 1
*Incumbents listed in red
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Packet Pg. 1111 Attachment: Applicant List [Revision 2] (5382 : 16.A. Appointment: Personnel Board (5 mins)) 1 Esterlina Lugo
Subject: RE: Personnel Board Vacancy
From: Elliot Gordon <[email protected]>
Sent: Monday, September 19, 2022 11:44 AM
To: Council Mailbox <[email protected]>
Cc: Lori Gentles <[email protected]>; Ivan Campbell <[email protected]>; Denise Anderson‐ Warren <Denise.Anderson‐[email protected]>
Subject: Personnel Board Vacancy
Dear Mayor, Mayor Pro Tem and Members of the City Council: I am the Chair of the Personnel Board. Our Vice Chair recently tendered her resignation, and it is my understanding that a new appointment is on the agenda for the October City Council meeting. I request that the Council postpone appointing a new member until the November meeting. That will give the Personnel Board and the Chief People Officer Lori Gentles an opportunity to do outreach, which in the past has led to the appointment of well qualified candidates. As you know from your consideration of proposition PB that is on the ballot, securing applicants for the Personnel Board has been a challenge. As of today, there is only one applicant of record for the Personnel Board.
Unfortunately, despite his qualifications, I do not believe he would be found to be eligible because he is an attorney at the law firm that represents the City before the Personnel Board at hearings. For all the foregoing reasons, I request that the Council postpone consideration of an appointment to the Board until the November meeting.
Thank you for your consideration of this request.
Elliot Gordon
Chair, Personnel Board
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Packet Pg. 1112 Attachment: Add-To (5382 : 16.A. Appointment: Personnel Board (5 mins)) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to accept Therese Kelly's resignation from the Architectural Review Board and authorize the City Clerk to publish the vacancy.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Email_ARB Resignation T.Kelly
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1 Esterlina Lugo
Subject: RE: ARB
‐‐‐‐‐Original Message‐‐‐‐‐
From: Therese Kelly
Sent: Monday, October 10, 2022 5:43 PM
To: Stephanie Reich <[email protected]>
Cc: Therese Kelly <[email protected]>
Subject: ARB
EXTERNAL
Hi Stephanie,
I am submitting for a Cultural Affairs contract with the City. Unfortunately, because of the contract amount, I will need to resign from ARB in order to be eligible. My contact at Cultural Affairs says I need to resign by the RFQ deadline of Oct 17, which is our next ARB meeting date.
It feels rather abrupt! But I’m really motivated for this opportunity. If you’d like to discuss, please give me a call when you have a chance.
Therese
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Packet Pg. 1114 Attachment: Email_ARB Resignation T.Kelly (5428 : 16.B. Resignation: ARB_T.Kelly (2 mins)) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Himmelrich and Councilmember Davis that the City Council express its support for Los Angeles County Measure A. Measure A would amend the Charter of the County of Los Angeles to grant the Board of Supervisors authority to remove an elected Sheriff from office for cause by a supermajority (4 out of 5) of the Board
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
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City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Denise Anderson Warren, City Clerk, Records & Elections Services Department
Subject: Request of Councilmembers Negrete and Brock that the City Manager evaluate options to enhance the maintenance and appearance of Lincoln Boulevard between Olympic Boulevard (north and south), inclusive of portions of Olympic Blvd east and west of Lincoln, as depicted roughly in the shaded area in the attached map. This is a highly trafficked and visible area of the City and serves as a gateway for visitors to Santa Monica and the City Manager is being asked to return to City Council with options to improve the area.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Lincoln btwn Olympic north and south
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City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.E
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Brock to direct the City Manager to evaluate the potential of programming the open space along Main Street adjacent to the City Hall North Parking Lot in partnership with the Santa Monica Sister City Association that would commemorate our five Sister Cities: Mazatlan, Mexico (1961), Hamm, Germany (1969), Fujinomiya, Japan (1974), Kizugawa, Japan (2017), and Brighton, England (2022).
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.E
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City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.F
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Negrete to direct the City Manager to develop construction and annual maintenance cost estimates and evaluate the impacts of constructing courts dedicated to pickleball on the Interim Open Space at Santa Monica Airport adjacent to Airport Park as soon as possible while supporting other current and planned uses on the Interim Open Space.
The City Manager is also being asked to produce a schedule of permitted and open recreational use of the tennis / pickleball courts at Memorial Park and evaluate the potential to expand the use of the courts at Memorial Park for pickleball.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.F
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City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.G
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Negrete that the City Council direct the City Manager and City Attorney to come back with a proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in multi-unit residential common areas, and the public right-of-way areas around multi-unit residential buildings.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Draft CC-ord-smoking multiunit
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1 City Council Meeting: __________, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.44.020, TO PROHIBIT
SMOKING IN COMMON AREAS AND NEAR MULTI-UNIT HOUSING FACILITIES WHEREAS, Section 4.44.020 of the Santa Monica Municipal Code prohibits smoking in many areas of the City where smoking can be a nuisance and cause health concerns for others; and
WHEREAS, smoking in common areas and near multi-unit housing facilities continues to be a concern, such that smoke enters dwelling units.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 4.44.020 is hereby amended as follows:
4.44.020 Prohibitions.
(a) Smoking in Specific Locations. It is unlawful to smoke in the following places:
(1) Any elevator;
(2) Any public park;
(3) Any parklet;
(4) Any public beach;
(5) Anywhere on the Santa Monica Pier;
(6) Any outdoor service area;
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Packet Pg. 1121 Attachment: Draft CC-ord-smoking multiunit (5435 : Propose change to smoking ordinance) 2 (7) Inside any public building (as that term is defined in Government Code Section 7596);
(8) Any outdoor dining area;
(9) Within twenty feet of the entrance, exit or open window of any building open to the public;
(10) The Third Street Promenade;
(11) Any farmers’ market;
(12) The property of any public library;
(13) Any hotel for which an occupancy permit is issued on or after February 9, 2012;
(14) Any “vaping lounge” or other business that sells electronic smoking devices; except that electronic smoking devices may be used at the two such businesses that were locally licensed as such lounges in Santa Monica as of June 24, 2014, provided there is appropriate ventilation so as not to interfere with neighboring occupants and provided no minors are allowed in the businesses (15) The common areas of any multi-unit housing facility, except designated smoking areas as provided in Section 4.44.040; violations of this Subsection may not be used as grounds to terminate a tenancy;
(16) On the sidewalk, street, or other public right-of-way within twenty feet of any doorway or open window of a multi-unit housing building, except when not stationary and continuously moving through the area.
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Packet Pg. 1122 Attachment: Draft CC-ord-smoking multiunit (5435 : Propose change to smoking ordinance) 3 (b) Disposal of Smoking Waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this Chapter, except in a designated waste disposal container. (c) Liability of Businesses. No business owner, operator or manager shall knowingly or intentionally allow smoking in an outdoor dining area that is under his, her or its control. This law does not require the physical ejection of any person from the business or the taking of steps to prevent smoking under circumstances that would involve a significant risk of physical harm.
(d) Posting of Signs. Every business that owns or controls an outdoor dining area covered under subsection (a)(8) shall post one or more prominent signs in conspicuous locations to apprise users of the prohibition of smoking in that outdoor dining area. Multiple signs must be provided as needed for larger areas to ensure that signs are readily visible to all users of the area.
(e) Enforcement and Penalties.
(1) Infraction. A violation of this Section is an infraction and shall be punished by a fine of one hundred dollars for the first violation; two hundred dollars for a second violation within one year; and five hundred dollars for a third and subsequent violations within one year.
(2) Administrative Citation. Any person violating any provision of this Section may be subject to administrative citation pursuant to Chapter 1.09 of this Code. (3) Nonexclusive Remedies and Penalties. Punishment under this Section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in
16.G.a
Packet Pg. 1123 Attachment: Draft CC-ord-smoking multiunit (5435 : Propose change to smoking ordinance) 4 this Section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
Section 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 1124 Attachment: Draft CC-ord-smoking multiunit (5435 : Propose change to smoking ordinance) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.H
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Pro Tem McCowan that the City Council authorize use of her travel funds for costs incurred from her July 27-30, 2022 travel to Brighton, England for the official Friendship City signing ceremony in partnership with Santa Monica Travel and Tourism and the Santa Monica Sister City Association.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.H
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City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 16.I
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmembers Brock, Parra and de la Torre, in the wake of residents’ concerns about the “Builder’s remedy” permits just filed for 1,000s of new housing units, overwhelmingly market rate and up to 15 stories, that the Council ask the City Attorney to hire appropriate outside legal counsel to conduct a thorough review and write a report regarding the City’s legal options and remedies, including rejecting the applications under all applicable laws. The law firm hired to conduct this review shall be selected by the City Council and shall have the power to obtain documents it deems useful to its legal review and be given full cooperation by staff and elected and appointed officials.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.I
Packet Pg. 1126