City of Santa Monica
City Council Meeting
AGENDA
PHIL BROCK
MAYOR
GLEAM DAVIS 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
NIKIMA NEWSOME
CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
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: 10/9/2024 11:09 AM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11585(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 by 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.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.
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. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
4. Closed Session.
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: 10/9/2024 11:09 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, OCTOBER 8, 2024
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
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.
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.) . Written Comments
2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
3. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 10/9/2024 11:09 AM Page 4
3.A. City Manager Report - New Item Received 10/03/2024
4. CLOSED SESSIONS
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
John U.N.B. Doe v. City, LASC 23STCV12746; Hector Orozco v. John Doe:
Does 1-2, LASC 23SMCV03120; John Doe 1 v. City, LASC 23STCV15009; John Doe (A.G.) v. Santa Monica Police Activities League, LASC 23SMCV06066; John JPC Doe v. Doe City, LASC 23STCV22020; John AD Doe v. City, LASC 23STCV26548; John CW Doe v. City, LASC 23STCV29623; John Doe 15 v. City, LASC 24STCV07647; John GA Doe v. Doe City, LASC 24STCV06484; John ULW Doe v. City, LASC 24STCV06768; Joseph Garcia v. SMPAL, LASC 24SMCV01368; John Doe 18 v. City, LASC 24STCV08239; John RR Doe v. City, LASC 24STCV09398; John Doe 33 v. Roe 1, LASC 24STCV15580; John Doe 48 v. City, LASC 24STCV15420; John Doe 49 v. Roe 1, LASC 24STCV19296; Jane EB Doe v. City, LASC 24STCV24146; Jane DD Doe v. City, LASC 24SMCV04421; Jane Doe 1 v. City, LASC 24STCV06207 - New Item Received 10/03/2024
4.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
City of Santa Monica v. ICSOP, et al.; OCSC Case No. 30-2022-01261243 - New Item Received 10/03/2024
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. No public discussion is permitted on ordinances for second reading and adoption.)
5.A. Annual Fire Inspection Report per SB1205
Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution acknowledging receipt of a report on the status of statemandated annual fire inspections in the City of Santa Monica pursuant to California Health and Safety Code Section 13146.4; and
2. 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.B. Award Contract for Inspection and Maintenance of City’s Stormwater Infrastructure
Recommended Action
Staff recommends that the City Council:
City of Santa Monica Generated: 10/9/2024 11:09 AM Page 5
1. Adopt findings of Categorical Exemptions pursuant to Section 15301 (Existing Facilities) and Section 15308 (Actions for Protection of the Environment), of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP# SP2708 to United Storm Water, Inc., a California-based company, to provide inspection and maintenance services for the City’s stormwater infrastructure;
3. Authorize the City Manager to negotiate and execute an agreement with United Storm Water, Inc, in an amount not to exceed $2,626,457 (including a 10% contingency) for five (5) years, with one renewal option of up to two (2) years in the amount of $1,164,203(including 10% contingency) for a total amount not to exceed $3,790,660 over a 7 year period, with the future year funding contingent on council budget approval.
5.C. Adoption of Affordable Housing Production Program Fee Resolutions Recommended Action
Staff recommends that the City Council:
1. Adopt the attached Resolution increasing the Affordable Housing Unit Base Fee by 6.1 percent for new market-rate apartments and condominiums (Attachment A).
2. Adopt the attached Resolution increasing the Affordable Housing Unit Development Cost by 6.1 percent (Attachment B).
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
5.D. Approval of First Modification to Tyler Technologies Agreement for the Enterprise Resource Planning (ERP) System
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 a first modification to agreement #10062 (CCS) in the amount of $1,851,000 (including a $10,000 contingency) with Tyler Technologies, Inc. (Tyler Tech.), to provide maintenance and support for Tyler’s Enterprise Resource Planning (ERP) software system for the Finance Department. This will result in a 5-year amended agreement with a new total amount not to exceed $6,211,000, with future year funding contingent on Council budget approval.
5.E. Adoption of Resolution Declaring Surplus Properties Recommended Action
Staff recommends that the City Council:
1. Adopt a Resolution declaring the seven City-owned parcels at Assessor Parcel Numbers (APNs) 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011- City of Santa Monica Generated: 10/9/2024 11:09 AM Page 6 904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”) as surplus lands to comply with the Surplus Land Act.
2. Adopt a finding of categorical exemption pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines and a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines.
5.F. Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2025 Finish Line Festival Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a license agreement with the San Francisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 7-8, 2025 for the “AIDS/LifeCycle 2025 Finish Line Event.”
5.G. Approval of Cancellation of Regular City Council Meetings for November 12 and 26 and Amending 2024 Council Meeting Resolution
Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings scheduled for November 12 and November 26, 2024, due to a lack of a quorum, and adopt the attached resolution amending the 2024 Council regular meeting calendar.
5.H. Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs Set forth in the 6th Cycle (2021-2029) Housing Element; to Allow for the Separate Conveyances of Accessory Dwelling Units in accordance with AB 1033; Incorporate Interim Zoning Regulations Authorizing the Establishment of Objective Design Standards for Housing Projects that Qualify for the Streamlined Ministerial Approval Established by SB35; Integrate Development Standards and Land Use Regulations for the Bergamot Area Plan, with Amendments for Consistency with the Goals, Policies and Programs Set Forth in the 6th Cycle Housing Element, Updates to Development Standards for NonHousing Projects, and Other Minor Amendments for Consistency with the Zoning Ordinance; for Consistency with Recent Updates to State Housing Law; and Making Other Minor Changes, Corrections, and Clarifications Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
5.I. City Council - Regular Meeting - Dec 19, 2023 5:30 PM - New Item Received 10/03/2024
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
City of Santa Monica Generated: 10/9/2024 11:09 AM Page 7 . Public Input for 12-Items will be heard at the time when the Public Hearing is called.
7. STUDY SESSION
7.A. Study Session on the City of Santa Monica's Proposed Games Agreement with the LA28 Olympic and Paralympic Games Organizing Committee Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15272 (Olympic Games) of the California Environmental Quality Act (CEQA) Guidelines;
2. Hold a study session on the Games Agreement and options and alternatives to host beach volleyball for the LA28 Olympics, weighing the potential benefits of direct involvement against the potential long-term financial and legal risks to the City;
3. Receive public comment; and
4. Provide direction to staff on how to proceed.
7.B. Budget Study Session on Enhancing Public Safety and Addressing Homelessness
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and
2. Provide direction on making investments to enhance public safety and address homelessness in connection with Measures K and PSK on the November 2024 ballot.
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.)
No items
11. STAFF ADMINISTRATIVE ITEMS
City of Santa Monica Generated: 10/9/2024 11:09 AM Page 8
11.A. Approve Deal Terms and Authorize Development and Disposition Agreement (DDA) and Ground Lease for 1318 4th Street
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the actions to approve the Ground Lease and DDA for the Project (as described in the staff recommendation, below) are exempt from CEQA pursuant to CEQA Guideline section 15182 and a finding that the Project has been previously analyzed in the Downtown Community Plan Environmental Impact Report (SCH# 2013091056) and the 6th Cycle Housing Element Environmental Impact Report (SCH# 2020100575).
2. Authorize the City Manager to negotiate and execute a Ground Lease with a ninety-nine (99) year term and a Disposition and Development Agreement (DDA), with EAH Inc for development and operation of affordable and permanent supportive housing on City-owned property located at 1318 4th Street (the “Project”).
3. Authorize the City Manager to award a grant in an amount not to exceed $2,000,000, to be used for pre-development costs for the Project, as negotiated in the DDA.
4. Adopt a finding that the actions to approve the Ground Lease and DDA for the Project (as described in the staff recommendation, below) are exempt from CEQA pursuant to CEQA Guideline section 15182 and a finding that the Project has been previously analyzed in the Downtown Community Plan Environmental Impact Report (SCH# 2013091056) and the 6th Cycle Housing Element Environmental Impact Report (SCH# 2020100575).
5. Authorize the City Manager to negotiate and execute all necessary documents to make a Housing Trust Fund loan to EAH, Inc. in an amount consistent with the Housing Trust Fund Guidelines loan limits.
12. PUBLIC HEARINGS
12.A. Public Hearing and Adoption of Resolution Approving the California Municipal Finance Authority (“CMFA”) to Issue Revenue Bonds for the Benefit of 1634 20th Street, LP
City of Santa Monica Generated: 10/9/2024 11:09 AM Page 9 Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended;
2. 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
3. Adopt a resolution approving the issuance of California Municipal Finance Authority bonds in an amount not-to-exceed $45,000,000 for the benefit of 1634 20th Street LP or a related or successor entity for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 1634 20th Street, Santa Monica.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
14.A. Adoption of a Resolution Amending the Council Rules of Procedure Regarding Councilmember Discussion Items (16 items)
Recommended Action
Staff recommends the City Council:
1. Adopt the resolution amending the Council Rules of Procedure regarding Councilmember Discussion Items (16 items); and
2. 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.
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 Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee for a term ending on June 30, 2025. - New Item Received 10/03/2024
City of Santa Monica Generated: 10/9/2024 11:09 AM Page 10
16.B. Request by Mayor Phil Brock, Vice-Mayor Lana Negrete, and Councilmember Oscar de la Torre that the City Council endorse Proposition 36 on the November 2024 statewide ballot. Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatmentfocused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others they can be charged with murder if they keep doing so and someone dies. (Attachments include the full text of the ballot measure and an analysis by the Legislative Analyst’s Office-The CA Legislature’s Nonpartisan Fiscal and Policy Advisor) - New Item Received 10/03/2024
16.C. Request by Councilmember Davis to direct the City Attorney to prepare and return at the next meeting with an ordinance that would prohibit gifts to Councilmembers, using definitions of gifts and exceptions in the California Political Reform Act, and adding an exception for entry and meals when attending events in an official City capacity. - New Item Received 10/03/2024
16.D. Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law. - New Item Received 10/03/2024
16.E. Request by Councilmember Christine Parra and Vice Mayor Lana Negrete that the City Council consider providing additional support for the 4th Annual Westside Unity Classic Car Show presented by Pico Youth & Family Center (PYFC) that took place on the pier on September 14, 2024 by directing the City Manager to retroactively waive the City’s portion of fees for use of the pier parking lot for PYFC. Waived City fees related to the Westside Unity Classic Car Show include the parking lot buy-out fee in an amount up to $11,880. - New Item Received 10/03/2024
16.F. Request of Councilmembers Davis and Zwick that the City Attorney and City Manager review and analyze SB 969, which recently was signed by Governor Newsom, and with due speed take all necessary steps and draft all necessary ordinances and policies that would allow the establishment of an entertainment zone (as that term is defined in SB 969) on the Third Street Promenade in Downtown Santa Monica. - New Item Received 10/03/2024
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 12 PM City of Santa Monica Generated: 10/9/2024 11:09 AM Page 11 on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.
City Hall and the Council Chambers 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 #1, #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).