Santa Monica City Council
January 10, 2023

City of Santa Monica
City Council Meeting
AGENDA

GLEAM DAVIS
MAYOR

PHIL BROCK LANA NEGRETE

COUNCILMEMBER MAYOR PRO TEM

CHRISTINE PARRA CAROLINE TOROSIS

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 1/9/2023 12:07 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11427(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Closed Session.

4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).

5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (other than
Reports of Commission and Officers).

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 1/9/2023 12:07 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JANUARY 10, 2023
MEETING BEGINS AT 5:30 PM
WAYS TO PROVIDE REMOTE PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA

ITEMS, CONSENT CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Biden v. Nebraska, U.S. Supreme Court docket no. 22A444.

The following is the order of business for items to be heard no earlier than 7:00 p.m.

4. SPECIAL AGENDA ITEMS

4.A. City Manager's Report: COVID-19 Emergency Order
City of Santa Monica Generated: 1/9/2023 12:07 PM Page 4

5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

5.A. Adoption of Resolution making AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that the City Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces.

5.B. Adoption of a Resolution Authorizing the City Manager to Apply for and Execute Related Grant Agreements, and Receive and File Short Range Transit Plan
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to file the Fiscal Year (FY) 2023-25 Short Range Transit Plan (SRTP) with the Los Angeles County Metropolitan Transportation Authority (Metro).

2. Adopt the attached resolution authorizing the City Manager to: (a) apply for and execute grant agreements and execute related certifications and assurances with the Federal Transit Administration (FTA), Metro, and other Federal, State, Regional or Local agencies; and (b) enter into agreements for transit funds for the pass-through of funds and agreements for planning, programming, and implementing transit services and capital projects during FY 2022-23 through FY 2024-25.

3. Staff recommends the Council 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.

5.C. Award Bid and Enter into Construction Contract with Jilk Heavy Construction, Inc. for Pier Below Deck Fire Sprinkler Replacement Project - Phase 2 Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2676 to Jilk Heavy Construction, Inc. for construction services for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 2 for the Public Works Department;

2. Authorize the City Manager to negotiate and execute a contract with Jilk Heavy Construction, Inc. in an amount not to exceed $2,086,140 (including a 20% contingency);

3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and

4. Adopt a finding of Categorical Exemption pursuant to Section 15302, Replacement or Reconstruction, of the California Environmental Quality Act (CEQA) Guidelines.

City of Santa Monica Generated: 1/9/2023 12:07 PM Page 5

5.D. Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.

5.E. Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2023 Finish Line Festival Recommended Actions
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 a license agreement with the San Francisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 9-10, 2023 for the “AIDS/LifeCycle 2023 Finish Line Event”.

5.F. Adoption of Resolution of the Santa Monica City Council Establishing the 2023 City Council Meeting Calendar
Recommended Action
Staff recommends that the City Council adopt the attached resolution establishing the 2023 Council regular meeting calendar.

5.G. City Council - Regular Meeting - Aug 23, 2022 5:30 PM - New Item Received 1/06/2023

5.H. City Council - Special Meeting - Aug 24, 2022 6:00 PM - New Item Received 1/06/2023

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.A. Adoption of a Resolution Amending Council Rules of Order and Procedure and Review of the Public Input Pilot - Public Hearing was Held & Closed on 12/13/2022.

City of Santa Monica Generated: 1/9/2023 12:07 PM Page 6 Recommended Action
Staff recommends that the City Council:

1. Provide direction to staff to either continue the public input pilot as is, return to the previous method for public input; or adopt a new method based on modifications from the aforementioned options; and,

2. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

8.B. Adoption of a Resolution Amending and Restating the Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair - New Item Received 1/06/2023 Recommended Action
Staff recommends that the City Council adopt the attached Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair (Attachment A).

8.C. Appointment to three unscheduled vacancies on the multiple Commissions.

Continued from October 25th and November 15, 2022 - New Item Received 1/06/2023
Board/Commission Number of
Appointment
s
Term End
Date
Requirements
Airport Commission 1 6/30/2024 Santa Monica Resident
Disabilities Commission 1 6/30/2025 Santa Monica Resident Personnel Board 1 6/30/2023 Santa Monica Resident

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

10.A. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity and Participation of Lobbyists on City of Santa Monica Boards and Commissions
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

10.B. Second reading and adoption of an Ordinance 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 ordinance
City of Santa Monica Generated: 1/9/2023 12:07 PM Page 7 Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

10.C. Introduction and Adoption of Proposed Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Allow Certain 100% Affordable Housing Projects to Request Waivers or Reductions of Development Standards Pursuant to State Density Bonus Law.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines § 15162 based on a determination that the proposed project was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021 with an Addendum to the EIR approved on October 11, 2022.

2. Introduce and adopt an emergency interim zoning ordinance to extend interim zoning regulations adopted by Emergency Interim Zoning Ordinance No. 2732 (CCS) to allow qualifying 100% affordable housing projects that receive unlimited density and up to three stories or 33 feet in additional height under State Density Bonus Law to request additional waivers or reductions of development standards.

10.D. Introduction and First Reading of an Ordinance Modifying Santa Monica Municipal Code Section 4.44.020 to Enhance Enforcement of Prohibitions of Smoking in Multi-Unit Common Areas and Near Multi-Unit Residential Buildings
Recommended Action
Staff recommends that the City Council introduce for first reading the 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.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items
City of Santa Monica Generated: 1/9/2023 12:07 PM Page 8

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Arts Commission for a term ending on 6/30/2025. - New Item Received 1/06/2023

16.B. Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending on 6/30/2023. - New Item Received 1/06/2023

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: City Manager's Report: COVID-19 Emergency Order Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 5.A
1 of 5
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution making AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that the City Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces.

Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act’s limitations on such meetings, while a state of emergency resulting from the COVID-19 pandemic remains active and state or local officials have imposed or recommended measures to promote social distancing.

Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (all citations herein are to the Government Code). Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social

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distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3). Both of the conditions required to continue to rely on AB 361 are presently satisfied. The Governor’s State of Emergency Declaration, issued on March 4, 2020, and the City’s declaration of a local emergency issued March 13, 2020, as supplemented and modified through the 44th Supplement, dated November 21, 2022, remain in place and have not been lifted. And, the Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, (“Health Officer Order” or “HOO”), continues to recommend social distancing as one measure to reduce the spread of COVID-19.

The Requirements of AB 361
If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows: (1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option; (2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; (3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option); (4) the public must be able to attend the meeting via call-in option or internet-based service option; (5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internet5.A Packet Pg. 11
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based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and (7) the legislative body shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).

The Current Findings
While not experiencing the high case levels and positivity rates as seen during the height of the last winter’s surge, the most recent Health Officer Order indicates that Los Angeles County continues to experience increases in COVID-19 cases and test positivity rates. As of December 19, 2022, LA County has confirmed 3,605,228 cases of COVID-19 within the County to date, with 1,218 new cases reported for December 19, 2022 alone, and has continued to advise that public health measures remain required to prevent the further spread of COVID-19. The HOO continues to focus the public health response to COVID-19 in Los Angeles County, among other things, to protect the most vulnerable among us.

Members of Boards and Commissions previously voiced concern about being required to return to in-person meetings given that, as validated by the Health Officer Order, many people, including those with identified underlying medical conditions, unvaccinated older adults, people from ethnic and racial minority groups, remain at risk for severe illness from COVID-19 (more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die).

Accordingly, on March 22, April 12, May 10, May 24, June 14, July 12, July 26, August 23, September 13, October 11, October 25, November 15, and December 13, 2022 the City Council adopted findings under AB 361 to allow Boards and Commissions to elect to continue meeting remotely. The findings proposed by the attached resolution will allow Boards and Commissions to continue to elect to meet remotely.

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In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the Los Angeles County Department of Public Health of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue to invoke AB 361. Doing so will allow City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply.

The procedures that were established for City Council meetings when it held meetings remotely, providing for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings continue to similarly comply with the requirements of AB 361.

As indicated above, although the attached AB 361 Resolution authorizes all Boards and Commissions to continue to meet remotely, a Board or Commission can affirmatively decide to meet in person, just as the City Council decided for itself. In other words, for Boards and Commissions, the default will be remote meetings unless and until any decision to meet in person. As indicated above, the Council will need to make AB 361 findings anew every 30 days to permit this option to continue.

Environmental Review
This is not a project pursuant to CEQA.

Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2022-23 budget.

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Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. AB 361 Resolution

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1 City Council Meeting: January 10, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361 TO PERMIT COUNCIL AND CITY

BOARD, COMMISSION, AND TASK FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY

REMAINS IN PLACE
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and

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Attachment: AB 361 Resolution (5234 : AB361 Findings for Teleconference) 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2020 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, 2020, April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021 effective May 22, 2021, July 13, 2021, August 24, 2021, October 26, 2021, December 7, 2021, March 8, 2022 effective May 7, 2022, May 24, 2022, July 12, 2022, July 26, 2022, August 23, 2022, September 13, 2022, October 11, 2022, October 25, 2022, November 15, 2022, and December 13, 2022 with the result that the proclamation of a local emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of

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Attachment: AB 361 Resolution (5234 : AB361 Findings for Teleconference) 3 Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; and
WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting

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Attachment: AB 361 Resolution (5234 : AB361 Findings for Teleconference) 4 in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 8, 2022, May 10, 2022, May 24, 2022, June 14, 2022, July 12, 2022, July 26, 2022,

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Attachment: AB 361 Resolution (5234 : AB361 Findings for Teleconference) 5 August 23, 2022, September 13, 2022, October 11, 2022, October 25, 2022, November 15, 2022, and December 13, 2022, the City Council adopted Resolutions, which made the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and
WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, which continues to recommend social distancing as one measure to reduce the spread of COVID-19, and to protect the most vulnerable among us in indoor public settings, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.

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Attachment: AB 361 Resolution (5234 : AB361 Findings for Teleconference) 6 SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.

SECTION 3. As a result of the findings in Sections 1 through 2 above, the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution 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 Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

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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Attachment: AB 361 Resolution (5234 : AB361 Findings for Teleconference) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Finance & Administrative Services
Subject: Adoption of a Resolution Authorizing the City Manager to Apply for and Execute Related Grant Agreements, and Receive and File Short Range Transit Plan
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to file the Fiscal Year (FY) 2023-25 Short Range Transit Plan (SRTP) with the Los Angeles County Metropolitan Transportation Authority (Metro).

2. Adopt the attached resolution authorizing the City Manager to: (a) apply for and execute grant agreements and execute related certifications and assurances with the Federal Transit Administration (FTA), Metro, and other Federal, State, Regional or Local agencies; and (b) enter into agreements for transit funds for the pass-through of funds and agreements for planning, programming, and implementing transit services and capital projects during FY 2022-23 through FY 2024-25.

3. Staff recommends the Council 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.

Summary
Santa Monica’s Department of Transportation, Big Blue Bus (BBB) staff requests City Council authorization to file the FY 2023-25 Short Range Transit Plan (SRTP) with the Los Angeles County Metropolitan Transportation Authority (Metro as the Regional Planning Authority. Filing the report ensures BBB remains eligible to receive Federal and State transit funds. The SRTP is a planning document that summarizes recent accomplishments and provides a three-year action plan for service and capital improvements, and the corresponding estimated values for planning purposes. Priorities

5.B
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for this period include funding and implementing fleet electrification, bus lanes, and increasing ridership by improving service quality and the customer experience. Staff also requests Council adopt the attached resolution providing the necessary authorization to file grant applications, execute grant agreements, and enter into agreements associated with funding, planning, programming, and implementing transit services and capital projects.

Discussion
Short-Range Transit Plan (SRTP)
BBB is required by the Transportation Development Act (TDA) of 1971 to file an SRTP to remain eligible for Federal, State, and Regional transit funding. The proposed SRTP financial forecast is based on a combination of the share of Metro’s county-wide formula-based allocation of transit funds and BBB’s projected operational needs. For FY 2022-23, the estimated formula allocation of operating funds (TDA, State Transit Assistance (STA), SB1, Prop. A 40%, Measure R 20%, Measure M 20%, Prop CSecurity, Foothill Mitigation, and BSIP) is $73.5 million, and non-formula allocation (Proposition A Local Return) is $567,000. Local operating revenues (passenger fares, advertising, interest, lease, and special transit services revenues) are estimated at $11.4 million.

Environmental Analysis
The proposed SRTP is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The proposed SRTP is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”. The SRTP will provide planning guidance for the next three years for transit operations, and any future capital improvements identified in the plan would be subject to environmental review (as applicable) when they are proposed.

Therefore, it can be seen with certainty that the proposed SRTP would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

5.B
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3 of 4
Authorization
Staff requests that Council authorize the City Manager to file grant applications as transit-related funding opportunities become available. If funds are approved, the City Manager would have the authority to execute grant agreements to Federal, State, regional and local transit, or transit-related funds, as approved or programmed.

Authority would also be given to the City Manager to execute and file certifications and assurances as they related to grant programs, compliance, and project implementation.

The authorization would designate the Department Director of the Department of Transportation as an authorized agent to file, execute, and certify grant agreements as necessary. These authorities would allow the City to expedite its annual grant applications and participate in unanticipated one-time grant opportunities. Potential funding agencies include, but are not limited to, FTA and other federal agencies, Metro, the South Coast Air Quality Management District (SCAQMD), the Department of Homeland Security, California Department of Transportation (CalTrans), and other state and regional agencies.

Past Council Actions
Meeting Date Description
1/28/2020 (attachment A) Adoption of Big Blue Bus Resolution of Transit Funds Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Enny Chung, Sr. Admin Analyst - Grants
Approved Forwarded to Council

5.B
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4 of 4
Attachments:

A. Adoption of Big Blue Bus Resolution of Transit Funds B. BBB Grant Resolution_FY23
C. Short Range Transit Plan FY2023-FY2025

5.B
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1 City Council Meeting: January 10, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO FILE THE FY 2022-23 THROUGH FY 2024-25 TRANSPORTATION DEVELOPMENT ACT AND STATE TRANSIT ASSISTANCE CLAIM; TO SUBMIT GRANT APPLICATIONS

AND TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS AND OTHER

TRANSIT AGREEMENTS IN FURTHERANCE OF THE SHORT RANGE TRANSIT PLAN FOR FY 2022-23 THROUGH FY 2024-25.

WHEREAS, Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of the California Government Code authorizes the City Council to file a Short Range Transit Plan with the Los Angeles County Metropolitan Transportation Authority; and WHEREAS, in accordance with Resolution Number 11223 (CCS), the City filed its Short Range Transit Plan for FY 2019-20 through FY 2021-22 (Short Range Transit Plan) with the Los Angeles County Metropolitan Transportation Authority on or about January 2020; and
WHEREAS, the City Council seeks to apply for grants in furtherance of the Short Range Plan and to authorize the City Manager to negotiate and to enter into grant agreements and other transit agreements in furtherance of its Short Range Transit Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

5.B.b
Packet Pg. 25
Attachment: BBB Grant Resolution_FY23 [Revision 1] (5240 : Adoption of Short Range Transit Plan and Authorization for Grant Applications 2 SECTION 1. The City Council of the City of Santa Monica is authorized to file the FY 2022-23 through FY 2024-25 Transportation Development Act and State Transit Assistance claim with the Los Angeles County Metropolitan Transportation Authority in furtherance of its Short Range Transit Plan.

SECTION 2. The City Council of the City of Santa Monica authorizes the City Manager to file grant applications in furtherance of the Short Range Transit Plan and to negotiate and execute grant agreements to accept federal, state, regional, and local transit related funds, and to execute and to file related certifications and assurances for grant programs, compliance and project implementation consistent with the Short Range Transit Plan. The funding agencies may include the Federal Transit Administration (FTA), the Los Angeles County Metropolitan Transportation Authority (Metro), the South Coast Air Quality Management District (SCAQMD), the State Department of Homeland Security, the California Office of Emergency Services (CalOES), and the California Department of Transportation (CalTrans), among others.

SECTION 3. The City Manager is also authorized to negotiate and to execute agreements for transit funds for planning, programming and implementing transit services and capital projects for Fiscal Year 2022-23 through FY 2024-25 in accordance with the Short Range Transit Plan, and for subgrantee agreements for the pass-through of such funds in accordance with said Short Range Transit Plan. The agreements may include, but are not limited to, agreements with Metro, SCAQMD, FTA, the Southern California Association of Governments (SCAG), Access Services, Providence St. John's Hospital, UCLA, Santa Monica College, nonprofit institutions, and other federal, state, local and regional entities for the purpose of planning, programming funds, and implementing

5.B.b
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Attachment: BBB Grant Resolution_FY23 [Revision 1] (5240 : Adoption of Short Range Transit Plan and Authorization for Grant Applications 3 transit services and capital projects for the residents of the City of Santa Monica and the greater Los Angeles area.

SECTION 4. The City Manager is also authorized to negotiate and to execute transit program revenue agreements with institutions, local agencies, and businesses for funds generated during FY 2022-23 through FY 2024-25 in furtherance of the Short Range Transit Plan.

SECTION 5. The City Manager is also authorized to designate the Department Head of Department of Transportation to file grant applications in furtherance of the Short Range Transit Plan and to negotiate and execute grant agreements to accept federal, state, regional, and local transit related funds, and to execute and to file related certifications and assurances for grant programs, compliance and project implementation as deemed appropriate. The funding agencies may include the Federal Transit Administration (FTA), the Los Angeles County Metropolitan Transportation Authority (Metro), the South Coast Air Quality Management District (SCAQMD), the State Department of Homeland Security, the California Office of Emergency Services (CalOES), and the California Department of Transportation (CalTrans), among others.

SECTION 6. 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:
_________________________
Doug Sloan
City Attorney

5.B.b
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Attachment: BBB Grant Resolution_FY23 [Revision 1] (5240 : Adoption of Short Range Transit Plan and Authorization for Grant Applications 











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Attachment: Short Range Transit Plan FY2023-FY2025 (5240 : Adoption of Short Range Transit Plan and Authorization for Grant Applications 














 
















 
 





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