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
Regular 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: 7/31/2023 9:33 AM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(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 15-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: 7/31/2023 9:33 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS.
1685 MAIN STREET, ROOM 250, SANTA
MONICA, CA 90401, AND 3027 DELAWARE
AVENUE
TUESDAY, JULY 25, 2023
MEETING BEGINS AT 5:30 PM
The Santa Monica City Council Meeting will be held at 5:35 P.M., on Tuesday July 25, 2023, in the City Council Chambers, 1685 Main Street, Santa Monica, California, 90401 and at a teleconference site located at 3027 Delaware Ave, Santa Monica, CA 90404, where one of the Councilmembers will be present and will participate by telephone.
HOW TO PROVIDE WRITTEN 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.)
1.A. Written Comments
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): Murcia v. City of Santa Monica et al.; United States District City of Santa Monica Generated: 7/31/2023 9:33 AM Page 4 Court, Central District of California, Case No. 22-cv-05253-FLA-MAR - New Item Received. 7/21/2023
3.B. Conference with Legal Counsel – Existing Litigation, Deciding Whether to Participate as an Amicus – Gov. Code Section 54956.9(d)(1); L.W. et al., by and through her parents and next friends, Samantha Williams and Brian Williams v. Jonathan Skrmetti et al., Case No. 3:23-cv-00376, United States District Court, M.D. Tennessee - New Item Received. 7/21/2023
3.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang; Owner of Record: City of Santa Monica; Persons to be negotiated with: Cary Upton, Chief Operations Officer, Santa Monica Malibu Unified School District; Under negotiation: Price and Terms of Payment for Sale - New Item Received. 7/21/2023
3.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Jesus Hernandez, Director of Housing Development, Community Corporation of Santa Monica; Under negotiation: Price and Terms of Payment for Sale - New Item Received. 7/21/2023
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
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
5.A. Award Construction Contract for the 2800 Airport Avenue Renovation Project Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.
2. Award Bid #SP2686 to Olympos Construction, Inc., for construction services for the 2800 Airport Avenue Building Renovation Project for the Public Works Department.
3. Authorize the City Manager to negotiate and execute a contract with Olympos Construction, Inc., in an amount not to exceed $3,312,100 (including a City of Santa Monica Generated: 7/31/2023 9:33 AM Page 5 $301,100 contingency).
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5.B. Approval of First Modification to Agreement with Becnel Uniforms for Motor Coach Operators Uniforms
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to agreement #10734 in an amount not to exceed $95,000 with Becnel Uniforms for the provision of Motor Coach Operators (MCOs) uniforms for the Department of Transportation. This will result in an amended agreement with a new total amount not to exceed $776,000, with the original five-year term of the agreement remaining unchanged.
5.C. Adoption of Resolution Accepting Confidential Unrepresented Employees Pay Plan 2022
Recommended Action
Staff recommends that the City Council:
1. Adopt the proposed Resolution (Attachment A) accepting the Confidential Unrepresented Employees (CUE) Pay Plan;
2. Adopt a finding of Categorical Exemption pursuant to Section 15324 of the California Environmental Quality Act (CEQA) Guidelines
5.D. City Council - Regular Meeting - May 9, 2023 5:30 PM - New Item Received. 7/21/2023
5.E. City Council - Regular Meeting - May 23, 2023 5:30 PM - New Item Received. 7/21/2023
5.F. City Council - Regular Meeting - Jun 13, 2023 5:30 PM - New Item Received. 7/21/2023
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
8. CONTINUED ITEMS
8.A. Annual Appointments to the following Boards and Commissions. Continued from 7/18/2023. - New Item Received. 7/21/2023
City of Santa Monica Generated: 7/31/2023 9:33 AM Page 6 Board/Commission No. of
Seats
Term
End
Date
Special Requirements
Airport Commission 2 6/30/2
027
Reside in the City.
Architectural Review
Board
1 6/30/2
027
Arts Commission 3 6/30/2
027
Reside or work in the City.
Commission on
Sustainability,
Environmental Justice
and the Environment
2 6/30/2
027
Reside or work in the City.
Disabilities Commission 1 6/30/2
027
Reside in the City.
Housing Commission 2 6/30/2
025
Two must be affordable
housing program participant
where one is 62-years or
older and the other is
unhoused or formerly
unhoused.
Human Services
Commission
2 6/30/2
027
Reside in the City.
Personnel Board 1 6/30/2
027
Reside in Santa Monica or
LA County that is employed
within the City, own
property or hold business
licenses in the City
Planning Commission 3 6/30/2
027
Reside in the City.
Public Safety Reform and
Oversight Commission
3 6/30/2
027
At least one shall be
between 18-22 years.
Recreation and Parks
Commission
1 6/30/2
027
Reside in the City.
Santa Monica Library
Board
1 6/30/2
027
Reside in the City.
Urban Forest Task Force 2 6/30/2
025
Must be current or past
certified arborist. All must
reside, work or hold
business licenses in the
City
8.B. Appointment to two annual Councilmember vacancies on the Audit Subcommittee for a term ending June 30, 2027. Continued from 7/18/2023. - New Item Received. 7/21/2023
9. ADMINISTRATIVE PROCEEDINGS
City of Santa Monica Generated: 7/31/2023 9:33 AM Page 7 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. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
10.A. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code 7.18.040 for Well Prohibition in the City - Attachment Added. 7/21/23
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.B. Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and Provide Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic Recovery.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading an Interim Zoning Ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic recovery.
10.C. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Provide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of the City’s 6th Cycle (2021-2029) Housing Element
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 Section15162 based on a determination that the adoption of development incentives as set forth in the proposed ordinance amending the Zoning Ordinance was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by the City Council on October 12, 2021 with an Addendum to the EIR approved by the City Council on October 11, 2022.
2. Introduce for first reading an Ordinance amending the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an City of Santa Monica Generated: 7/31/2023 9:33 AM Page 8 application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.
10.D. Introduction and First Reading of Ordinance Amending SMMC Sections
4.08.270 and 4.12.180 to Authorize Electric Leaf Blowers Recommended Action
Staff recommends that the City Council
1. Introduce for first reading the attached ordinance amending sections 4.08.270 and 4.12.180 of the Santa Monica Municipal Code to authorize the use of electric leaf blowers.
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
11. STAFF ADMINISTRATIVE ITEMS
11.A. Approval of Downtown Santa Monica, Inc. (“DTSM”) FY2023-24 Budget and Work Plan and Authorization of Various Agreements Between City and DTSM - New Item Received. 7/21/2023
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Approve the Downtown Santa Monica, Inc. (DTSM) Fiscal Year 2023-24 Budget and Work Plan;
3. Authorize the City Manager to execute proposed Master Services Agreement between DTSM and City to replace and supersede the Amended and Restated Services Agreement (CCS 9063) executed in 2019, (“Services Agreement”) to authorize DTSM to retain private security services for downtown Santa Monica for a one-year pilot program and also replace and supersede the existing Maintenance Services Agreement (CCS 9626), executed in 2012, by including in the Master Services Agreement the ongoing responsibilities of DTSM and City pertaining to custodial services for City’s parking structures and DTSM’s license to use a portion of parking structures 5 and 6;
4. Authorize the City Manager to negotiate and execute a First Modification to the Memorandum of Understanding with DTSM for community events at Lot 27 to extend the term for two additional years (to 2025) and expand the site area to authorize DTSM to temporarily activate the City-owned lot at 1318 4th Street for community events and activities consistent with DTSM’s roles and responsibilities under the proposed Master Services Agreement;
5. Authorize the City Manager to reinstate and amend the Third Street Promenade Public Services Program and Amenities License Agreement with DTSM to continue activation of the Promenade, including the addition of operating a Promenade vending cart program for four additional years, exercised by annual options (to 2027); and
City of Santa Monica Generated: 7/31/2023 9:33 AM Page 9
6. Authorize the City Manager to negotiate and execute a Letter of Intent between the City, DTSM and Rooftop Cinema Club for the activation of the Parking Structure 6 rooftop space as an outdoor movie theater.
12. PUBLIC HEARINGS
No items
13. REPORTS OF BOARDS AND COMMISSIONS
13.A. Santa Monica Housing Commission Report : Creating Equity - Affordable Homeownership in Santa Monica - Housing Commission Requesting to Pull & Continue.
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Recommendation to rescind the July 14, 2022, appointment of Sonya Wilson and Boyko Buchinsky to the Human Services Commission; and, consider new appointment to the vacancy on the Commission with a term ending June 30, 2026
16.B. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Expo, to be held September 20 - 22, 2023, in Sacramento, California.
16.C. Request by Mayor Davis, Mayor Pro Tem Negrete and Councilmember Zwick that the City Council direct the City Manager to explore and propose policy and regulatory changes needed to elevate Santa Monica's attractiveness as a major event venue. Positioning Santa Monica as a sought-after location to attract both local and international events would facilitate the City’s ability to proactively capitalize on several upcoming opportunities and support local businesses, stimulate economic recovery, further promote tourism, and provide new revenue sources to fund community programs and services for Santa Monica residents.
City of Santa Monica Generated: 7/31/2023 9:33 AM Page 10
16.D. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council direct the City Manager to return to Council with recommendations addressing skilled and trained labor requirements for renewable energy projects and related infrastructure either City funded or placed upon City property to be installed by state-certified electricians. The City Manager should address proposed requirements outlined in attachment A in developing recommendations for Council consideration. - New Item Received. 7/21/2023
16.E. Request of Councilmember Brock and Councilmember de la Torre that the City Council direct the City Manager to assign unspent funds from the FY 2022-23 individual Councilmember travel budgets allocated to former Mayor Himmelrich and former Mayor Pro Tem McCowan to the FY 2022-23 travel budget for any Councilmembers whose expenditures exceeded the amount that each was allocated for the year. - New Item Received. 7/21/2023
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 to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council 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).