m20240827 1 August 27, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 27, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:35 p.m., on
Tuesday, August 27, 2024 , at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre (Arrived at 5:44 p.m.)
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
Also Present City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:35 p.m., with all
members present except Councilmember de la Torre. Councilmember
Davis led the assemblage in the Pledge of Allegiance.
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.
Mayor Brock stated that he would be recusing from Item 5.I pursuant to the
Levine Act.
AGENDA
MANAGEMENT
Motion by Councilmember Davis, seconded by Councilmember Torosis to
present proclamations and commendations prior to hearing general public
input. Motion was approved by unanimous voice vote with Councilmember
de la Torre absent from the vote.
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GENERAL PUBLIC
INPUT:
Members of the public Willie Baker, Anya Ivanova, Jerry Rubin, Zoe
Muntaner (time donated by Dima Volovik), Wade Kelley, Johnathan
Foster, Harvey Eder, and John Medlin commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Esther Chung, Lauralee Asch, Kyle Biane, Lisa J.,
Mary Stewart, Elisa Paster, George Guttman, Denise Barton, Daniel
Gehman, Dima Volvovik, Carol Catanzaro, Tatiana Khmlinina, Debbie
Mahdessian, Neal, Lauren D., Melanie Gironda, Jay Johnson, Giacomo
Valentini, Clara Seneca, Lizeth, Trevor Nichols, Michael D., Patricia
Johnson, John C. Smith, Harvey Eder, Zoe Muntaner commented on closed
session items.
No members of the public commented on special agenda items.
Members of the public Ruthann Lehrer on behalf of Nina Fresco, Greg
Morena, Nikki Kolhoff, and John C. Smith commented on consent calendar
items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
(Councilmember de la Torre
arrived at 5:44 p.m.)
3.A. Proclamation: Sustainable September, was presented.
3.B. Proclamation: Lloyd C. Allen Day, was presented.
3.C. Commendation: Kevin McNulty, Meals on Wheels West, was
presented.
3.D. City Manager Report, was presented.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 7:43 p.m., to consider
closed sessions and returned at 10:47 p.m., with all members present, to
report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code §
54956.9(d)(1): Stanford Neighbors Against City Overreach v. City;
LASC Case No. 24STCP02065.
The City Attorney advised this matter was heard with no reportable action
taken.
4.B. Conference with legal counsel - significant exposure to litigation
- Gov. Code § 54956.9(d)(2) potential case: 205 Washington Ave.
(Sovereign Hotel).
The City Attorney advised this matter was heard with no reportable action
taken.
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4.C. Conference with legal counsel - pending litigation - Gov. Code §
54956.9(d)(1): City of Santa Monica and People of the State of
California v. Pavilions Motel, Inc., Saeed Farzam, and Goharshad
Farzam; LASC Case No. 24SMCV02305.
The City Attorney advised this matter was heard with no reportable action
taken.
4.D. Conference with legal counsel - consider sending amicus letter -
Gov. Code § 54956.9(d)(4): Apartment Association of Los Angeles
County, Inc., v. City of Los Angeles, et al.; LASC Case No. B336071.
The City Attorney advised Council approved sending amicus letter with a
vote of 7-0.
4.E. Conference with real estate negotiator - Gov. Code § 54956.8:
properties: 2019 - 2219 5th Street; owner of record: Ocean Park Villas,
L.P; City negotiators: Heather Averick, Director of Housing and
Human Services, and Natalie Verlinich, Housing Manager; owner
negotiators: Angel Herrera and Mark Wagner; under negotiation:
price and terms of payment for sale or option.
The City Attorney advised this matter was heard with no reportable action
taken.
4.F. Conference with real estate negotiator - Gov. Code § 54956.8:
properties: 1217 Euclid Street, 1211-1217 Fourteenth Street and 1146
Sixteenth Street; owner of record/lessor: City of Santa Monica;
developer/lessee: Hollywood Community Housing Corporation
(HCHC); City negotiators: Heather Averick, Director of Housing and
Human Services, and Natalie Verlinich, Housing Manager; developer
negotiators: Sarah Letts, Executive Director; under negotiation: price
and terms of payment for ground lease.
The City Attorney advised that Council approved the following direction to
City negotiators, with a vote of 4-3, with Mayor Brock, Councilmember
Parra, and Councilmember de la Torre voting no:
Give direction to continue exclusive negotiations with HCHC based upon a
revised 100% affordable development with large family housing on 1217
Euclid Street and senior housing with 40 permanent supportive housing
units for seniors on 1211-1217 Fourteenth Street and 1402 Wilshire
Boulevard, provided that 1402 Wilshire Boulevard can be acquired by
HCHC from a third party.
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This revised project would be coupled with a City subsidy. Development
on 1146 Sixteenth Street would be eliminated to mitigate parking impacts
and would remain public parking. Development of 85 senior housing
apartments inclusive of 40 permanent supportive housing apartments for
seniors would be built on two parcels (1211-1217 Fourteenth Street and
1402 Wilshire Boulevard) instead of one to reduce building height adjacent
to neighboring residential buildings on Fourteenth Street.
4.G. Conference with legal counsel - existing litigation - Gov. Code §
54956.9(d)(1): Santos Dolores Amaya De Vides v. City of Santa
Monica, et al.; LASC Case No. 23STCV09774. [report out only]
The City Attorney advised this matter is a personal injury that settled for
$280,000; approved at the June 11, 2024, meeting with a vote of 6-0 with
Councilmember de la Torre absent from the meeting.
4.H. Conference with real estate negotiator – Gov. Code § 54956.8:
properties: 1402 Wilshire Boulevard; Owner of record: Glen D.
Jackson Trust; City Negotiators: Heather Averick, Director of
Housing and Human Services, and Natalie Verlinich, Housing
Manager; Owner Negotiators: Art Flores, Senior Vice President for
CBRE; Subject of Negotiation: price and terms of payment for
purchase of the property.
The City Attorney advised this matter was heard with no reportable action
taken.
AGENDA
MANAGEMENT
Motion by Councilmember Zwick, seconded by Councilmember Davis,to
continue Items 10.C., 10.D., and 11.A. The motion was passed by
unanimous voice vote with all members present.
Motion by Councilmember de la Torre, seconded by Councilmember Parra
to continue Items 16.J. The motion was passed by unanimous voice vote
with all members present.
REPORT ON COUNCIL
TRAVEL
Councilmember Torosis reported that she traveled to the National
Convening of Local Progress, an organization of local elected officials.
Sessions included discussions around affordable housing, finance,
community safety, rent stabilization, and governing during times of
transition. Councilmember Torosis stated that she received a scholarship to
attend the conference and used personal funds to cover the rest.
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Councilmember Davis, seconded by Councilmember Torosis to
continue past 11:00 p.m. The motion was passed by unanimous voice vote
with all members present.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
At the request of Mayor Brock and Councilmember Davis, Items 5.I. and
5.P. were removed from the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember Zwick, to
approve the Consent Calendar except for Items 5.I. and 5.P., reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
VIRGINIA AVENUE
PARK IMPROVEMENTS
5.A. Award Construction Contract No. 11607 (CCS) for the Virginia
Avenue Park Commercial Kitchen and Thelma Terry Center
Improvements Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Sections
15301 (Existing Facilities) and 15302
(Replacement/Reconstruction), of the California Environmental
Quality Act (CEQA) Guidelines;
2. Award Bid #SP2644 to SMA Builders, Inc. for the Virginia Avenue
Park Commercial Kitchen and Thelma Terry Center Improvements
Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Contract No.
11607 (CCS) with SMA Builders Inc. in an amount not to exceed
$1,534,500 (including a 10% contingency); and
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
MEMORIAL PARK
REDEVELOPMENT AND
EXPANSION PROJECT
5.B. Award Request for Proposal and enter into Agreement No. 11608
(CCS) with SWA Group for Design Services for the Memorial Park
Redevelopment and Expansion Project, was approved.
Recommended Action
1. Staff recommends that the City Council:
2. Adopt a finding of Categorical Exemption pursuant to Section 15262,
Feasibility and Planning Studies, of the California Environmental
Quality Act (CEQA) Guidelines;
3. Award RFP #SP2509 to SWA Group for professional design services
for the Memorial Park Redevelopment and Expansion Project;
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4. Authorize the City Manager to negotiate and execute Professional
Services Agreement No. 11608 (CCS) with SWA Group in an
amount not to exceed $4,405,000 (including a 15% contingency) for
two years with a one-year renewal option; and
5. Authorize budget amendment as outlined in the Financial Impacts
and Budget Actions section of this report (requires 5 votes).
BIG BLUE BUS MOBILE
TICKETING SERVICES
5.C. Award Contract No. 11609 (CCS) to Token Transit, Inc. for Big
Blue Bus Mobile Ticketing Services, was approved.
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. Award RFP# 405 to Token Transit, Inc. for mobile ticketing services
for the Department of Transportation.
3. Authorize the City Manager to negotiate and execute Agreement No.
11609 (CCS) with Token Transit, Inc. in an amount not to exceed
$113,500 for one year, with 4 additional one-year renewal options in
the amount of $559,961, on the same terms and conditions for a total
amount not to exceed $673,461 over a five-year period, with future
year funding contingent on Council budget approval.
AFFORDABLE HOUSING
FUNDING GRANT
5.D. Adoption of Resolution No. 11609 (CCS) Authorizing
Application for Grant Funds for State Affordable Housing Funding
Opportunity, was adopted.
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 attached Resolution No. 11609 (CCS) authorizing the
application for grant funds in an amount not to exceed $5,000,000
from the California State Department of Housing and Community
Development for the 2024 round of Local Housing Trust Fund
Program Matching Grant Funding (Attachment A) for the Housing
and Human Services Department; and
3. Authorize the City Manager to execute all necessary documents to
apply for the grant, accept the grant, if awarded, and accept all grant
renewals, if awarded.
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SANTA MONICA
AIRPORT LANDING FEE
PROGRAM
5.E. Approval of Fourth Modification to Agreement No. 10071 (CCS)
with Vector Airport Systems for Operation of the City’s Landing Fee
Program at the Santa Monica Airport, was approved.
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 fourth
modification to Agreement No. 10071 (CCS) with Vector Airport
Systems (Vector) to adjust the terms of the commission-based
compensation for landing fee collection services and to extend the
contract term through December 31, 2028. This would result in an
amended 8.5-year agreement with a new total not to exceed amount
of $2,114,546, with future year funding contingent on Council budget
approval.
ELECTRIC BUS
CHARGER WARRANTY
5.F. Approve Purchase Order with ChargePoint, Inc. for Battery
Electric Bus Charger Warranty, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption (Class 1 Existing
Facilities) pursuant to Section 15301 of the California Environmental
Quality Act (CEQA) Guidelines and a finding of no possibility of
significant effect pursuant to Section 15061(b)(3) of the CEQA
Guidelines;
2. Authorize the Procurement Manager to issue a purchase order with
ChargePoint, Inc. for the purchase of extended warranties for the
Department of Transportation. This recommended award is made as
an exception to the competitive bidding process pursuant to Section
2.24.250(b) and is for a total amount not to exceed $300,300, with
future year funding contingent on Council budget approval.
LEASE AGREEMENT 5.G. Approval of Fourth Modification to Agreement No. 9346 (CCS)
with JP Morgan Chase for Lease of 1333 Fourth Street, was approved.
Recommended Action
Staff recommendation that the City Council authorize:
1. City Manager to Negotiate and Execute a Fourth Modification to the
Lease Agreement No. 9346 (CCS) with JP Morgan Chase for the
City-owned property at 1333 Fourth Street to extend the term for two-
years from May 1, 2026 through April 30, 2028; and,
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2. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines.
PROTECTED BIKE LANE
SWEEPING
5.H. Approval of First Contract Modification with Sweeping Corp of
America (SCA) of CA, LLC for Protected Bike Lane Sweeping, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301
of the Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a first
modification to Agreement No. 11610 (CCS) (formerly Agreement
No. 4974) in an amount not to exceed $361,400 with Sweeping Corp
of America (SCA) of CA, LLC for protected bike lane cleaning and
sweeping services for the Public Works Department. This will extend
the contract for an additional two years, resulting in a four-year
amended agreement with a new total amount not to exceed $589,400,
with future year funding contingent on Council budget approval.
2800 AIRPORT AVENUE
RENOVATION PROJECT
5.J. Approval of Second Modification to Agreement with Olympos
Construction Inc. for 2800 Airport Avenue Renovation Project, was
approved.
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 second
modification to Agreement No. 11449 (CCS) in an amount not to
exceed $2,500,000 (including contingency) with Olympos
Construction Inc. (Olympos) for costs associated with additional
scope related to the building at 2800 Airport Ave for the Public
Works Department. This will result in an amended agreement with a
new total amount not to exceed $7,558,350 with future year funding
contingent on Council budget approval; and
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
BERGAMOT STATION
ARTS CENTER
5.K. Approval to Authorize City Manager to Execute and Negotiate
Lease Agreements with Bergamot Station Arts Center Tenants, was
approved.
Recommended Action
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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 and
a finding no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines;
2. Authorize the City Manager to execute and negotiate a 41-month
lease agreement with Social and Public Art Resource Center
(SPARC) through 2027; and
3. Authorize the City Manager to execute and negotiate lease
agreements with Bergamot Station Arts Center (Bergamot) tenants
for up to 36 months (through 2027).
CCTV SYSTEM 5.L. Approval of Purchase of Video Storage System for the Police
Department's Closed-Circuit Television (CCTV) system, was approved.
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 Procurement Manager to issue a purchase order with
Convergint Technologies LLC. for a video storage system for the
Police Department. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.25(c) and is for the total amount not to exceed $762,045
(including a $69,277 contingency).
AS-NEEDED GENERAL
CONTRACTOR
SERVICES
5.M. Approval of First Modifications to Agreements with Bayview
Construction, Inc., Olympos Painting, Inc., and RAMCO General
Engineering Contractors, Inc. for As-Needed General Contractor
Services, was approved.
Recommended Action
Staff recommends that 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 No. 11352 (CCS) in an amount not to
exceed $1,666,667 with Bayview Construction, Inc., for citywide as-
needed general contracting services as required by Public Works.
This will result in an additional amount not to exceed $666,667 for
two years, and an additional amount not to exceed $1,000,000 for one
additional three-year renewal option for a new total amount not to
exceed $2,516,667 over a 5-year period with future year funding
contingent on Council budget approval.
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3. Authorize the City Manager to negotiate and execute a first
modification to Agreement No. 11353 (CCS) in an amount not to
exceed $1,666,667 with Olympos Painting, Inc., for citywide as-
needed general contracting services as required by Public Works.
This will result in an additional amount not to exceed $666,667 for
two years, and an additional amount not to exceed $1,000,000 for one
additional three-year renewal option for a new total amount not to
exceed $3,541,667 over a 5-year period with future year funding
contingent on Council budget approval; and
4. Authorize the City Manager to negotiate and execute a first
modification to Agreement No. 11354 (CCS) in an amount not to
exceed $1,666,667 with RAMCO General Engineering Contractors,
Inc. (RAMCO Inc.) for citywide as-needed general contracting
services as required by Public Works. This will result in an additional
amount not to exceed $666,667 for two years, and an additional
amount not to exceed $1,000,000 for one additional three-year
renewal option for a new total amount not to exceed $3,916,667 over
a 5-year period with future year funding contingent on Council
budget approval.
SHARED MOBILITY
DEVICE PROGRAM
5.N. Second Reading and Adoption of Ordinance No. 2785 (CCS)
Repealing Santa Monica Municipal Code (SMMC) Chapter 3.23 and
Amending SMMC Chapter 3.22 to Establish a Permanent Shared
Mobility Device Program, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
EMAIL SECURITY 5.O. Award Sole Source Purchase Order to vCloud Technologies, Inc.
for Proofpoint's Email Security Solution, was approved.
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 Procurement Manager to issue a purchase order with
vCloud Tech Inc. for Proofpoint’s Email Security Solution for the
Information Services Department in an amount not to exceed $52,046
for an initial five-month term, with two (2) additional one-year
renewal options to extend on the same terms and conditions for a total
amount not to exceed $316,957 (including a $28,815 contingency)
with future year funding contingent on Council budget approval. This
recommended authorization is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(c).
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CIRQUE DU SOLEIL 5.Q. Approval of First Modification to License Agreement with
Cirque du Soleil, was approved.
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 the License Agreement No. 11517 (CCS) between
the City and Cirque du Soleil to provide a rent credit and extend hours
of amplified sound for the evening of October 24, 2024.
MINUTES 5.R. Approval of Minutes of City Council - Regular Meeting - Jun 11,
2024 5:30 PM, were approved.
MINUTES 5.S. Approval of Minutes of City Council - Regular Meeting - Jul 23,
2024 5:30 PM, were approved.
PIER LEASING
GUIDELINES
5.I. Authorize Proposed Assignment, Certain Lease Amendments,
and Waiver of Certain Pier Leasing Guidelines for Leasehold Located
at 256 Santa Monica Pier, was approved.
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 and
a finding of no possibility of significant effect pursuant to Section
15061(b)(3) of the CEQA Guidelines;
2. Authorize the City Manager to transfer the leasehold for the Rusty’s
Surf Ranch restaurant located on 256 Santa Monica Pier and amend
the lease consistent with the terms and conditions that are negotiated
by the parties; and
3. Waive certain Pier Leasing Guidelines that apply to leases on the
Pier.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to
approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete
NOES: Councilmember Zwick
ABSENT: Mayor Brock
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MAXIMUM
ALLOWABLE HEIGHTS
5.P. Adoption of Resolution No. 11610 (CCS) of Intention to Amend
the Municipal Code to Increase the Maximum Allowed Height of Fences,
Walls, and Hedges in the Front Setbacks of R2, R3, and R4 Zoning
Districts and to Address the Rules for Measuring the Heights of Fences,
Walls, and Hedges Located on Top of Retaining Walls, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines.
2. Adopt Resolution No. 11610 (CCS) declaring its intention to amend
the Municipal Code to increase the maximum allowed height of
fences, walls, and hedges in the front setbacks of R2, R3, and R4
zoning districts and to address the rules for measuring the heights of
fences, walls, and hedges located on top of retaining walls.
Questions asked and answered of staff included does this item need to go
back to the Planning Commission; does the Planning Commission have the
ability to discuss other options; and how might this policy impact renters vs.
homeowners.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to
approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Nikki Kolhoff and Kevin Kozal commented on Item
10.A.
Members of the public Johnathan Foster, Caro Vilain, Connor Webb, Kelly
Simon, Kyle R., and Carl Hansen commented on Item 10.B.
Members of the public Nikki Kolhoff, Shari Davis, Casper Casparian (time
donated by Nicole Faries), Erika Bell, Alicia Mignano, Gabrielle Cohen, and
Laurie Lieberman, and Brad Ewing commented on Item 16.B.
Members of the public Marc Verville and Tricia Crane commented on Item
16.D.
Member of the public Connor Webb commented on Item 16.E.
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Members of the public Denise Barton, Steven Johnson, John Alle (time
donated by Trevon Posey), and John C. Smith commented on Item 16.F.
Members of the public Denise Barton, Steven Johnson, John Alle (time
donated by Trevon Posey), Ann Bowman (timed donated by Jaleh
Mirhashemi), Marc Verville, Kyle R., and John C. Smith commented on Item
16.G.
Member of the public Johnathan Foster commented on Item 16.H.
Member of the public Kim Koury commented on Item 16.I.
STUDY SESSION:
BEACH DUNE
RESTORATION
7.A. Santa Monica Beach Dune Restoration Phase 3, was presented.
Recommended Action
Staff recommends that City Council:
1. Provide direction on project elements such as community
outreach/engagement, project scale, placement, and other necessary
project elements;
2. Review and comment on the high-level plans set forth for the
expansion of Santa Monica’s beach dune network; and
3. Provide direction on the creation of a specific plan related to the
SaMo3 project, beach dune master plan or sea level rise mitigation
plan.
Questions asked and answered of staff included how people will be kept off
the dunes; what are the protocols for removing items that wash ashore; and
is there a purpose for leaving certain items behind.
ORDINANCES:
BUILDING,
CONSTRUCTION &
LANDMARK
ENTITLEMENTS
TIMELINE EXTENSIONS
10.A. Introduction and Adoption of an Emergency Ordinance to
Extend Building Permit and Construction Timelines and to Extend
Timelines for Landmark Entitlements, was presented and adopted.
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. Introduce and adopt an emergency ordinance amending (1) Santa
Monica Municipal Code (SMMC) Sections 8.08.060 and 8.08.070 to
increase building permit expirations for all projects, allow longer
expiration timelines for building permit applications for 100%
affordable housing projects, provide an increased number of
extensions that can be granted by the Building Official, and allow all
projects more time to complete construction; and (2) SMMC Sections
9.56.170 and 9.56.250 to align expirations and extensions of
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landmark entitlements with common procedures applied to other
entitlements.
Motion by Councilmember Torosis, seconded by Councilmember Parra, to
introduce and adopt at first reading the ordinance reading by title only and
waiving further reading thereof and to bring back any necessary changes
reflective of the comments made during public input at a later date. The
motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
CITY STREET SPEED
LIMITS
10.B. Introduction and First Reading of an Ordinance Amending
Santa Monica Municipal Code section 3.12.490 to Establish Speed
Limits for Certain City Streets Pursuant to the California Vehicle Code,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301
(Existing Facilities) and 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. Introduce for first reading an ordinance amending Santa Monica
Municipal Code (“SMMC”) section 3.12.490 to establish speed
limits for certain City streets pursuant to the California Vehicle Code
(“CVC”).
Questions asked and answered of staff included: is DOT actively working
with SMPD to address the drop in traffic stops to bring them back to pre-
pandemic levels; can updated data be provided around this issue; would it be
possible to do geo-mapping of traffic enforcement to keep the public
informed; and is there an obligation to increase speed limits on the California
Incline.
Motion by Councilmember Zwick, seconded by Mayor Brock, to introduce
and hold first reading of the ordinance reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
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PROHIBIT
ACCEPTANCE OF
GRATUITIES
10.C. Introduction for First Reading of an Ordinance Adding Santa
Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of
Gratuities by Public Officials, was continued to a future meeting.
Recommended Action
Staff recommends that 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; and
2. Staff recommends that the City Council introduce for first reading an
Ordinance to add Section 2.32.290 to the Santa Monica Municipal
Code prohibiting the acceptance of gratuities by public officials.
PROHIBITION AGAINST
CAMPING IN PUBLIC
PLACES
10.D. Introduction for first reading an Ordinance amending Santa
Monica Municipal Code section 4.08.095 - Prohibition against camping
in public places, was continued to a future meeting.
Recommended Action
Staff recommends that the City Council consider:
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. Introduce for first reading an Ordinance amending Santa Monica
Municipal Code section 4.08.095 - Prohibition against camping in
public places.
STAFF
ADMINISTRATIVE
ITEMS:
6TH CYCLE HOUSING
ELEMENT
11.A. Adoption of Resolution and Approval of Release of Request for
Proposals for City-Owned Sites Designated for Affordable Housing
Development in the City's 6th Cycle Housing Element and Declaration
of Sites as "Exempt Surplus Land" in Accordance with the Surplus
Land Act, was continue to a future meeting.
Recommended Action
Staff recommends that the City Council:
1. Declare two City-owned properties located at 1333 4th Street (APNs
4291-011-909 and 4291-011-910) and 1324 5th Street (APNs 4291-
011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-
904, 4291-011-905 and 4291-011-908) as “exempt surplus land” as
defined in Government Code 54221(f), adopt a resolution declaring
the 4th/5th and Arizona as exempt surplus, authorize the City
Manager or his or her designee to take implementing actions
necessary to comply with the Surplus Land Act (Government Code
sections 54220 et. seq.); and authorize the release of Request for
Proposals for ground leasing and development of 4th/5th and Arizona
by June 30, 2025.
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2. Declare City-owned properties located at Bergamot Station Arts
Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-
900) as “exempt surplus land” as defined in Government Code
54221(f), adopt a resolution declaring the Bergamot Station Arts
Center as exempt surplus, authorize the City Manager or his or her
designee to take implementing actions necessary to comply with the
Surplus Land Act (Government Code sections 54220 et. seq.); and
authorize the release of Request for Proposals for ground leasing and
development of the Bergamot Station Arts Center by June 30, 2027.
3. Adopt a finding of categorical exemption pursuant to Section 15312
of the California Environmental Quality Act (CEQA) Guidelines, a
finding of no possibility of significant effect on the environment
pursuant to Section 15061(b)(3) (Common Sense Exemption), and a
finding that the development of affordable housing on City-owned
property was previously analyzed in the 6th Cycle Housing Element
Environmental Impact Report.
COUNCILMEMBER
DISCUSSION ITEMS:
CLEAN BEACHES &
OCEAN PARCEL TAX
CITIZENS OVERSIGHT
COMMITTEE
16.A. Recommendation to accept Ashley Oelsen's resignation from the
Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee and
authorize the City Clerk to publish the vacancy, was presented.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to
accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present.
SCHOOL BOND
MEASURE QS
16.B. Request of Vice Mayor Negrete and Councilmember Davis that
the City Council support and endorse the Santa Monica Schools
Repair/Improvement Bond Measure QS, was presented.
Considerable discussion ensued on topics including, but not limited to need
for upgrades or new facilities; having great working and learning
environments for students and teachers; the need to modernize due to the
changes in teaching methods; having the technology to prepare students
beyond high school; and supporting a new generation of students.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to
approve the item. The motion was approved by the following vote:
AYES: Councilmembers Torosis, Davis, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmember Parra
ABSTAIN: Councilmember de la Torre
ABSENT: None
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WAIVING OF FEES 16.C. Request of Councilmember Davis that the City waive all
applicable fees for the Veterans’ Day celebration on the Pier on
November 11. The celebration will have numerous dignitaries and
include a demonstration by the West Point Drill Team, was presented.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to
approve the item.
The motion was approved by a unanimous voice vote, with all members
present.
INDEPENDENT CITIES
ASSOCIATION
16.D. Designation of a board member to the Independent Cities
Association (ICA) for a term ending December 31, 2024, was presented.
Motion by Councilmember Parra, seconded by Mayor Brock, to appoint
Mayor Pro Tem Negrete.
The motion was approved by a unanimous voice vote, with all members
present.
LA METRO SEPULVEDA
TRANSIT CORRIDOR
PROJECT
16.E. A request by Mayor Brock requesting the City Council direct the
City Manager to send a letter to LA County Supervisor Lindsey Horvath
and Inglewood Mayor James Butts, Santa Monica's representatives on
the Los Angeles Metro Board of Directors, expressing the City’s strong
support for LA Metro’s Sepulveda Transit Corridor project to include
a direct, on-campus station at the University of California, Los Angeles
(UCLA), along with a seamless connection to the Metro Purple/D Line
Westwood Village station. Additionally, the request includes joining the
Sepulveda Transit Corridor for All (STCAll) coalition—a grassroots
group advocating for an accessible and equitable Sepulveda Transit
Corridor that connects the Westside region and the San Fernando
Valley with a direct station at UCLA and a seamless link to the Purple/D
Line at Westwood Village—and authorizing the use of the City’s logo on
the coalition’s website, was presented.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to
approve the item.
The motion was approved by a unanimous voice vote, with all members
present.
SYRINGES AND DRUG
PARAPHERNALIA
16.F. Request of Councilmember de la Torre, Vice Mayor Negrete and
Mayor Brock that the City Council direct the City Attorney and City
Manager to draft language of proposed resolutions for consideration by
the League of California Cities (CalCities), Independent Cities
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Association (ICA), and Westside Cities Council of Governments
(WSCCOG) asking the State Legislature and Governor to change laws
to provide for local control over the dissemination of syringes and other
drug paraphernalia in local communities; and direct the City Manager
to assist each of the Council’s appointed representatives to CalCities,
ICA, and WSCCOG in submitting the draft resolutions to each of the
above mentioned organizations for consideration of adoption. On two
occasions, the City Council has taken action to demand that the County
cease the distribution of syringes and other drug paraphernalia in its
parks and away from schools. As part of previous Council actions, the
City also demanded that the County relocate the distribution of syringes
and other drug paraphernalia to an indoors location. Attached is the
Resolution adopted by City Council on April 9, 2024 and a letter adopted
by the City Council that was transmitted to the County, was presented.
Considerable discussion ensued on topics including, but not limited to:
engagement with the County from City Manager’s Office; legality of the City
from prohibiting the County from implementing the program; not having
sufficient public engagement from the County; ability to have greater local
control as to where the program should be located; has there been input from
the Chief of Police and police department; concerns relating to local officials
overruling public health agencies over health policies; security concerns at
schools relating to the program; the deadline of the League for receiving a
resolution on the matter and continuing to work with them; other harm
reduction programs administered by the County; and receiving data specific
to Santa Monica from the County.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem
Negrete, to approve the item. The motion was approved by the following
vote:
AYES: Councilmembers Parra, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Zwick, Davis, Torosis
ABSENT: None
Councilmember Davis explained that she voted no on this item due to her
concern of turning health decisions over to politicians through local control
and, that local control will result in fewer communities permitting harm
reduction programs, and that there has been no conversation about where to
move the program, thus essentially resulting in the closure of the program.
Councilmember Zwick explained that he voted no on this item because pipes
and needles are legal medical equipment and that going after medical
programs is not the way to solve the drug problem in the City.
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DRUG PARAPHERNALIA
AND OTHER
EQUIPMENT
16.G. Request of Councilmember de la Torre that the City Attorney
and City Manager eliminate the distribution by the County or any
County-affiliated, non County-affiliated, third party, and/or
independent private entity, of all drug paraphernalia and equipment,
including but not limited to any and all drugs, opioids, needles, syringes,
glass pipes, straws, rolling paper, miniature spoons, etc., in our parks,
other City-owned spaces and anywhere closer than 1,000 feet away from
any school, other educational facility, church, senior center or senior
living facility, YMCA/YWCA, or Boys and Girls Clubs. The only
exception would be Narcan, which can help revive someone who is
unresponsive. The terms of this item shall take effect immediately upon
passage, was presented.
Discussion ensued on regarding the legality of implementing the item.
Motion by Councilmember de la Torre, seconded by Mayor Brock, to
approve the item. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Parra,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Zwick, Davis, Torosis
ABSENT: None
Councilmember Davis explained that she voted over concerns that the City
Attorney has advised that moving forward with this item is illegal. She
further stated that studies have shown that the distributing pipes saves more
lives that the distribution of needles.
Councilmember Zwick explained that he voted no due to concerns over the
legality of the item as well.
WAIVING OF FEES 16.H. Request of Vice Mayor Negrete and Councilmember Parra that
the City Council, as part of October being Breast Cancer Awareness
Month, approve City sponsorship of American Cancer Society Making
Strides of Santa Monica Walk Against Breast Cancer Presented by O
Positiv Health taking place October 27, 2024 on the Santa Monica Pier
by directing the City Manager to waive the City’s portion of fees for use
of the Pier. City fees related to the Making Strides of Santa Monica
Breast Cancer Walk include, the application, administrative,
neighborhood notification, business license, parking, and zero waste
plan fees associated with the use of the Pier in an amount up to $16,000
in waived fees, was presented.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to
approve the item.
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The motion was approved by a unanimous voice vote, with all members
present.
WAIVING OF FEES 16.I. Request of Vice Mayor Negrete, Mayor Brock, and
Councilmember Parra that the City Council, as part of National Seafood
Month, approve City sponsorship of the OFF THE HOOK Santa
Monica Seafood Festival taking place October, 13, 2024 on the Santa
Monica Pier by directing the City Manager to waive the City’s portion
of fees for use of the Pier for Spin PR Group, the Santa Monica-based
PR, Marketing and Events agency producing the event. City fees related
to the OFF THE HOOK Santa Monica Seafood Festival include the
application, administrative, neighborhood notification, business license,
parking, and zero waste plan fees associated with the use of the Pier in
an amount up to $16,000 in waived fees, was presented.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to
approve the item.
The motion was approved by a unanimous voice vote, with all members
present.
PROPOSED HOUSING
PROJECTS
16.J. Request of Vice Mayor Lana Negrete, Councilmember Oscar de
la Torre and Councilmember Christine Parra that after hearing
community feedback, direct the City Manager to explore Hollywood
Community Housing Corporation revising its proposed housing
projects on surface parking lots (1217 Euclid Street, 1211-1217
Fourteenth Street, and 1146 Sixteenth Street) owned by the City to
replace all proposed permanent supportive housing units with senior
affordable housing. The City Manager is also being asked to return to
City Council with an evaluation of the impacts of replacing the
permanent supportive housing units with senior affordable housing
within 45 days, was continued to a future meeting.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:52 a.m.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
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