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: 10/12/2023 9:48 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: 10/12/2023 9:48 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, OCTOBER 10, 2023
MEETING BEGINS AT 5:30 PM
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. SPECIAL AGENDA ITEMS
3.A. Proclamation: Fire Prevention Week
3.B. City Manager's Report
4. CLOSED SESSIONS
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 4
4.A. Conference with Real Estate Negotiator pursuant to Government Code §54956.8: Properties: 1) 2772-2800 Donald Douglas Loop North, Santa Monica, California, office space (~70,500 sq. ft.), Hangars 18-21 and 27-30 (~8,900 sq. ft.); 2) 3000 31st Street, Santa Monica, California, office space (~10,500 sq. ft.) and hangar space (~30,000 sq. ft); City Negotiator: Stelios Makrides, Chief Operations Officer/Airport Director; owner of record: City of Santa Monica; persons to be negotiated with: Snap Inc.; under negotiation: commercial lease terms - New item Received 10/5/2023
4.B. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 2828 Donald Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises (~5,300 sq. ft.), Corporate Hangar and Maintenance Shop (~6,450 sq. ft.), Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp (~32,000 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica, California “Fuel Farm” (~3,800 sq. ft.) consisting of three 12,000 gallon and one 500 gallon underground storage tanks and associated systems and equipment; City Negotiator: Stelios Makrides, Chief Operations Officer/Airport Director; owner of record: City of Santa Monica; persons to be negotiated with: Atlantic SMO Holdings; under negotiation: terms for modified and extended lease. (continued from September 26) - New item Received 10/5/2023
4.C. Conference with Labor Negotiator - Government Code Section 54957.6.
Consideration of the City Clerk Appointment and Process - New item Received 10/5/2023
4.D. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica; LASC Case No. BC616804; Second District Court of Appeal Case No.
B295935; California Supreme Court Case No. S263972
4.E. Conference with Legal Counsel – Considering Whether to Initiate Litigation – Gov. Code Section 54956.9(d)(1): City of Whittier, et al. v. Superior Court of Los Angeles County, et al.; LASC Case No. 23STCP03579 (requested by Councilmember Brock)
4.F. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Eric Canonico v. City of Santa Monica; LASC Case No. 21STCV22615 - New item Received 10/5/2023
4.G. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Hector Orozco v. John Doe, Does 1-2; LASC Case No. 23SMCV03120 - New item Received 10/5/2023
4.H. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): John U.N.B. Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV12746 - New item Received 10/5/2023
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 5
4.I. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): City of Santa Monica v. ICSOP, et al.; OCSC Case No. 30-2022- 01261243 - New item Received 10/5/2023
4.J. Conference with Labor Negotiator: Government Code Section 54957.6 - Agency Designated Representatives: City Manager David White, Acting Human Resources Director Michael Arnoldus, and Human Resources Manager Robert Scalise; Bargaining Units: MTA-AFSCME Local 4819 - Item Pulled at the Request of Staff. 10/09/2023
The following is the order of business for items to be heard no earlier than 7:00 p.m.
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. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 6.49 on Taxicabs to Transition from Taxicab Franchises to Taxicab Permits
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.B. Second Reading and Adoption of an Interim Zoning Ordinance Extending Interim Zoning Ordinance Number 2754 (CCS) Promoting Economic Recovery in the City’s Downtown Area, including the Third Street Promenade Area and Santa Monica Place, and Providing Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic Recovery
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.C. Approval of First Modification of Agreement with Best Contracting Services, Inc. for Citywide Roofing Services
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. Authorize the City Manager to negotiate and execute a first modification to agreement 10854 in the amount not to exceed $854,620 with Best Contracting Services, Inc., for citywide roofing contractor services. This would result in a seven-year amended agreement through September 26, 2026, with a new total amount not to exceed $1,229,620, with future funding contingent on Council budget approval.
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 6
5.D. Adoption of Affordable Housing Production Program Fee Resolutions 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. Adopt the attached Resolution increasing the Affordable Housing Unit Base Fee by 5.8 percent for new market-rate apartments and condominiums (Attachment A).
3. Adopt the attached Resolution increasing the Affordable Housing Unit Development Cost by 5.8 percent (Attachment B).
5.E. Adoption of Resolution Approving Final Map for Condominium at 2002 21st Street
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed project was previously analyzed in the certified 2002 21st Street Project Environmental Impact Report (State Clearinghouse No. 2007031019), and no further review is required pursuant to the California Environmental Quality Act; and
2. Adopt the attached resolution approving Final Tract Map No. 66625.
5.F. Award Construction and Construction Management Contracts for Fiscal Year 2023-2024 Annual Street Paving and Sidewalk Repair Project 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. Award Bid #SP2680 to Sully-Miller Contracting Company for construction services for the Fiscal Year 2023-2024 Annual Street Paving and Sidewalk Repair Project for the Public Works Department.
3. Authorize the City Manager to negotiate and execute a contract with SullyMiller Contracting Company in an amount not to exceed $2,853,346 (including a 10% contingency).
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5. Award Request for Proposals (RFP) #SP2680 to PSOMAS to provide construction management, observation, and material testing services for the FY 2023-24 Annual Street Paving and Sidewalk Repair Project and the Street Lighting Modernization Program - Package 3 Project for the Public Works Department.
6. Authorize the City Manager to negotiate and execute a contract with PSOMAS in an amount not to exceed $600,000.
5.G. Approval of Agreement with Trustmark for Long Term Care Insurance Coverage - New item Received 10/5/2023
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 7 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute an agreement with Trustmark for Long-Term Care (LTC) insurance coverage for a period of 5 years with one additional one-year option for the Human Resources Department. This is a no cost contract to the City with an estimated value of $240,000. All services are paid by the plan participants, who are employees that voluntarily elect to obtain LTC coverage.
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
7.A. Discussion on the Lottery-Selected Panel Process for the Airport Recommended Action
Staff recommends that City Council:
1. Review and comment on the democratic lottery process as the primary public engagement method for the Future of the Santa Monica Airport project;
2. Provide direction to staff about: the framing question the Lottery Selected Panel would answer and whether the Lottery Selected Panel should be comprised of Santa Monica residents only or also include business owners and/or people from the adjacent West Los Angeles area; and
3. Direct staff to prepare a sole source contract, as an exception to the competitive bidding process pursuant to Section 2.24.250 (b), for Healthy Democracy to provide the services related to the democratic lottery process and bring it back for Council review in November.
8. CONTINUED ITEMS
No items
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. 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. Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 8 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and 15305 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA.
2. Introduce for first reading the attached ordinance replacing the codified text of Santa Monica Municipal Code Chapter 7.04.800 in its entirety to clarify the City’s public right of way requirements for new development.
10.B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements) Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines
2. Introduce for first reading a proposed ordinance amending Santa Monica Municipal Code Sections 2.24.110 and 2.24.220(g) related to Master Services Agreements.
10.C. Introduction and First Reading of an Interim Zoning Ordinance Amending the Text of the Zoning Ordinance to: (1) Replace the Term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”; (2) Remove Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate, and Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 Years of Age and Over.
3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis and adult-use cannabis products to persons 21 years of age and over, subject to Santa Monica Municipal Code Section 9.31.185.
10.D. Introduction and First Reading of Water and Wastewater Capacity Study Ordinances - New item Received 10/5/2023
Recommended Action
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 9 Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.12.180 to require water capacity studies for new developments.
3. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.04 to require wastewater capacity studies for new developments.
11. STAFF ADMINISTRATIVE ITEMS
No items
12. PUBLIC HEARINGS
No items
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
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 Disabilities Commission for a term ending on 6/30/2025.
16.B. Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy.
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 10
16.C. Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters. Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.
16.D. Request of Mayor Davis that the City waive application, administrative, and rental fees associated with the partial use of the parking lot on the Santa Monica Pier as well as Santa Monica Beach Parking Lot 1 North to support the City’s annual commemoration of Veterans Day honoring and celebrating all those who have served our country in the Armed Forces, being planned in coordination with the United States Army.
16.E. Request of Councilmembers Parra, de la Torre, and Mayor Pro Tem Negrete that the Council authorize the use of their travel funds to accept an invitation from the Embassy of El Salvador to visit the country from November 6-10, 2023. The agenda includes meeting the ambassador and various government officials to discuss public safety, education, and tourism as well as evaluating beach communities for future sister city partnerships.
16.F. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.
16.G. Request of Councilmember Zwick, Councilmember Torosis and Mayor Davis that the City of Santa Monica support AB 1033 (Ting) and, upon the governor’s signature, draft a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums.
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 11
16.H. Request of Councilmember Brock that the City Attorney and City Manager consider developing and evaluate the impacts of an ordinance prohibiting the manufacture, sale, and/or installation of engineered countertops in Santa Monica. The fabrication of engineered countertops releases silica dust, and inhalation of silica dust can cause silicosis, a serious and deadly disease. On June 6, 2023, the Los Angeles County Board of Supervisors adopted a motion instructing the Director of Public Health to report on options to ban the sale, fabrication, and installation of silica fabricated stone in Los Angeles County.
In addition, the California Division of Occupational Safety and Health has indicated that they will develop workplace standards for workers who handle engineered stone. Prior to developing a local ordinance, the City Attorney and City Manager are being asked to consider the findings of the Los Angeles County Director of Public health and standards developed by Cal/OSHA to determine its feasibility. - New item Received 10/5/2023
16.I. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX. - New item Received 10/5/2023
16.J. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026. - New item Received 10/5/2023
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.
City of Santa Monica Generated: 10/12/2023 9:48 AM Page 12 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).