m20220125 1 January 25, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 25, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 4:30 p.m.,
on Tuesday, January 25, 2022, via teleconference pursuant to Assembly Bill No. 361signed by, Governor
Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/bwqzrzpa.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE
On order of the Mayor, the City Council convened at 4:30 p.m., with all
members present.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 4:33 p.m., to consider
closed sessions and returned at 6:51 p.m., with all members present, to
report the following:
1.A. Conference with Labor Negotiator: Government Code Section
54957.6 -- Agency Designated Representatives: Chief People Officer
Lori Gentles and Adrianna Guzman, Outside Counsel, Liebert Cassidy
Whitmore; Bargaining Units: ATA-Administrative Team Associates;
IBT-California Teamsters Local 911; FEMA-Santa Monica Fire
Executive Management Association; FIRE-Santa Monica Firefighters
Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME
Local 4819, Management Team Association; PALSSU-Public
Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union;
POA-Santa Monica Police Officer Association; SMART TD-The
International Association of Sheet Metal, Air, Rail, and Transportation
Division, Local 1785; STA- Supervisory Team Associates; Coalition of
Santa Monica City Employees.
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The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Michael Angelos and Lamir McQueen v. City of
Santa Monica, Los Angeles Superior Court Case No. BC627227.
The Interim City Attorney advised this dispute involves the city lifeguards
who claim that for a period in 2013 through roughly 2018, they were not
credited with all of the time they worked, and that they were not paid for
what they considered mandatory swim training.
The parties have reached an agreement. The City Attorney’s Office
recommended the Council approve a settlement of this class action suit,
which involves almost 200 lifeguards in the amount of $350,000.
Motion by Councilmember Davis, seconded by Councilmember de la
Torre, to approve Settlement Agreement No. 11236 (CCS), in the amount
of $350,000. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
1.C. Conference with Legal Counsel – Anticipated Litigation:
Anticipate significant exposure to litigation Pursuant to Government
Code Section 54956.9(d)(2): Oceana Hotel
The Interim City Attorney advised this matter was heard with no reportable
action taken.
AGENDA
MANAGEMENT
The Mayor reported that Item 7.C. was pulled at the request of staff.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Celebrating Black History Month, was presented.
2.B. City Manager Report: Status Update on Citywide Equity and
Inclusion Work, was presented.
Member of the public Ann Thanawalla spoke on this item.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There was no public comment on various Consent Calendar items.
At the request of Councilmember Brock, Item 3.E. was removed from the
Consent Calendar.
At the request of Councilmember de la Torre, Item 3.A. was removed from
the Consent Calendar.
Motion by Councilmember Brock, seconded by Councilmember Davis, to
approve the Consent Calendar except for Items 3.A. and 3.E, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
CUSTODIAL SERVICES 3.B. Award Bid and Enter into Agreement No. 11237 (CCS) with
Coastal Building Services Inc. for Department of Transportation
Custodial Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid # 4419 to Coastal Building Services, Inc. to provide
custodial services for the Department of Transportation;
2. Authorize the City Manager to negotiate and execute an agreement
with Coastal Building Services Inc., in an amount not to exceed
$1,377,277, including a $125,207 contingency, over a five-year
period, with future year funding contingent on Council budget
approval.
MUNICIPAL FACILITIES 3.C. Authorization to Reinstate Enabling Agreement No. 10157
(CCS) and Execute a Purchase Order with 3 Phases Renewables for
Direct Access Electricity for Municipal Facilities, was approved.
Recommended Action
Staff recommends that the City Council Authorize the Procurement
Manager to:
1. Amend the term of the enabling agreement with 3 Phases
Renewables to procure electricity through Direct Access; and
2. Negotiate and execute a purchase agreement with 3 Phases
Renewables to procure power for up to six months, in an amount
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not to exceed $1.5 million.
918 5TH STREET 3.D. Adoption of Resolution No. 11397 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP
FOR TRACT NO. 74677 TO SUBDIVIDE A PROPERTY AT 918 5TH
STREET”, was approved.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
accepting and approving Final Parcel Map No. 74677 for a three-unit
condominium project located at 918 5th Street.
PERMIT/LAND
MANAGEMENT
3.F. Approval of Third Modification to Software Maintenance and
Support Agreement with Accela, Inc. for the City's Permit and Land
Management System, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a third modification to agreement #9509 in the
amount of $173,888 with Accela, Inc., a California-based company, to
provide services for the City’s permit and land management software:
Accela Automation, for the Community Development Department. This
will result in a thirteen (13) year amended agreement with a new total
amount not to exceed $972,029, with future year funding contingent on
Council budget approval.
817 16TH STREET 3.G. Adoption of Resolution No. 11398 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP
FOR PARCEL NO. 87201 TO SUBDIVIDE A PROPERTY AT 817 16TH
STREET”, was approved.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
approving Final Parcel Map No. 82701 for a three-unit condominium
project located at 817 16th Street.
MINUTES 3.H. Minutes of City Council - Regular Meeting - September 28,
2021 5:30 PM, were approved.
MINUTES 3.I. Minutes of City Council - Special Meeting - January 12, 2022
5:30 PM were approved.
MINUTES 3.J. Minutes of City Council - Special Meeting - January 19, 2022
5:30 PM were approved.
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ANNENBERG
COMMUNITY BEACH
HOUSE
3.A. Award Request for Proposal and enter into Agreement No.
11238 (CCS) with Back on the Beach Food Co., Inc. for Concessions at
the Annenberg Community Beach House, was presented.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 291 to Back on the Beach Food Co., Inc., a California-
based company, for food and beach equipment rental services at the
Annenberg Community Beach House at Santa Monica State Beach;
and
2. Authorize the City Manager to negotiate and execute an agreement
with Back on the Beach Food Co., Inc. for an initial term of ten (10)
years with one (1) option for renewal of five (5) years. The annual
minimum rent is $200,000 or 8 percent of gross sales, whichever is
higher.
Councilmember de la Torre pulled this item to ask questions of staff.
Questions asked and answered of staff included: how many years has this
company had this contract; when did the last contract expire; is the option
for a 10 year lease, plus a five-year extension have to come back to Council
or does staff just extend it; do we collect information on how profitable this
business is; why is the city reducing the profit from 10% down to 8% on
this lease; in terms of bids, has staff looked into other options or vendors to
provide these same services; are there any concerns with COVID having a
10 year agreement is the right approach at this point, what happens if the
lessee is not able to fulfil their contractual obligations, would they be able
to transfer or sell the lease to another vendor; do we require in our city
leases any robust diversity or city first employment options; and, why isn’t
there an increase in the lease for each year of this lease.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COVID TESTING 3.E. Authorization of Contract No. 11239 (CCS) with Mani Zadeh
dba Los Angeles COVID Testing Corporation for COVID Testing and
Associated Services for City Employees, was presented.
Recommended Action
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Staff recommends that the City Council authorize the City Manager to
negotiate and execute an agreement with Mani Zadeh dba Los Angeles
COVID Testing Corporation for city-wide, employee COVID testing. This
recommended award is made as an exception to the competitive bidding
process pursuant to SMMC sections 2.24.250 (i) and 2.24.240, and is for a
total amount not to exceed $1,000,000 with future year funding contingent
on Council budget approval.
This item was pulled by Councilmember Brock to ask questions of staff.
Questions asked and answered of staff included: are we receiving
reimbursement from FEMA for the cost; is there no other way for the
employees to get tested and report their testing from somewhere else; and
are staff being tested on city time.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the recommended action. The motion was approved by
the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ORDINANCES:
PERMITTING
TIMELINES
7.A. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2688 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9.37.070 TO EXTEND PERMIT TIMEFRAMES DUE
TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19
PANDEMIC AND TO FURTHER ECONOMIC RECOVERY EFFORTS”
and Emergency Ordinance No. 2689 (CCS) entitled “AN
EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII AND
CHAPTER 9.56 OF THE SANTA MONICA MUNICIPAL CODE TO
EXTEND CERTAIN TIME FRAMES FOR BUILDING PERMITS,
MANDATORY SEISMIC RETROFIT COMPLIANCE, AND
CERTIFICATES OF APPROPRIATENESS, AND TO
EXTEND PROCESSING TIME FRAMES FOR APPLICATIONS
UNDER CHAPTER 9.56 DUE TO UNAVOIDABLE DELAYS CAUSED
BY THE COVID-19 PANDEMIC AND TO FURTHER ECONOMIC
RECOVERY EFFORTS”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Introduce and adopt an emergency Interim Zoning Ordinance to
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Councilmember de la Torre
was excused at 8:55 p.m.
extend deadlines to exercise and continuously pursue the rights
granted under planning entitlements, permits and approvals issued
and still active as of March 13, 2020, or issued between March 13,
2020 and December 31, 2022 or for which applications were
received between March 13, 2020 and December 21, 2022 under the
Zoning Ordinance, Chapters 9.01 to 9.52 of the Santa Monica
Municipal Code (“SMMC”), by two years; and allow planning
entitlements, permits and approvals issued and still active as of
March 13, 2020, or issued between March 13, 2020 and December
31, 2022 to request a First Time Extension or Other Extension
pursuant to SMMC Section 9.37.090(C)(1) and 9.37.090(C)(2) at
any time at least 30 days prior to the expiration of the permit under
Article IX of the Santa Monica Municipal Code.
2. Introduce and adopt an emergency ordinance amending SMMC
8.08.070 to extend deadlines for expiration of building permits, plan
reviews and related approvals issued and still active as of March 13,
2020, issued between March 13, 2020 and December 31, 2022, or
for which complete applications have been received between March
13, 2020 and December 31, 2022 by two years; and amending
SMMC Chapter 9.56, the Landmarks Ordinance, to extend certain
public hearing deadlines for applications for Structure of Merit and
Landmark designations and for Certificates of Appropriateness, and
to extend deadlines for Certificates of Appropriateness that by two
years.
Member of the public Nina Fresco spoke to the recommended action.
Councilmember de la Torre recused himself from this item to avoid a
potential conflict of interest because his sister has a permit that he is named
on.
Questions asked and answered of staff included: because of the changes in
the law, are most applications submitted by the conservancy; does this
extension hurt those landmark applications processing time; if this
extension is not approved, how does it hurt the process; what can be done
to make sure there are not any undue burden on applicants in the process;
and, does this apply to new applications.
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
introduce and adopt on first reading an emergency Interim Zoning
Ordinance to extend deadlines to exercise and continuously pursue the
rights granted under planning entitlements, permits and approvals issued
and still active as of March 13, 2020, or issued between March 13, 2020
and December 31, 2022 or for which applications were received between
March 13, 2020 and December 21, 2022 under the Zoning Ordinance,
Chapters 9.01 to 9.52 of the Santa Monica Municipal Code (“SMMC”), by
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Councilmember de la Torre
returned at 8:56 p.m.
Councilmember de la Torre
left at 8:58 p.m.
two years; and allow planning entitlements, permits and approvals issued
and still active as of March 13, 2020, or issued between March 13, 2020
and December 31, 2022 to request a First Time Extension or Other
Extension pursuant to SMMC Section 9.37.090(C)(1) and 9.37.090(C)(2) at
any time at least 30 days prior to the expiration of the permit under Article
IX of the Santa Monica Municipal Code. The motion was approved by the
following vote:
AYES: Councilmembers Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
Motion by Councilmember Negrete, seconded by Councilmember Davis,
to introduce and adopt on first reading an emergency ordinance amending
SMMC 8.08.070 to extend deadlines for expiration of building permits,
plan reviews and related approvals issued and still active as of March 13,
2020, issued between March 13, 2020 and December 31, 2022, or for
which complete applications have been received between March 13, 2020
and December 31, 2022 by two years; and amending SMMC Chapter 9.56,
the Landmarks Ordinance, to extend certain public hearing deadlines for
applications for Structure of Merit and Landmark designations and for
Certificates of Appropriateness, and to extend deadlines for Certificates of
Appropriateness that by two years.
Councilmember Brock proposed a friendly amendment to remove
amending SMMC Chapter 9.56, the Landmarks Ordinance, to extend
certain public hearing deadlines for applications for Structure of Merit and
Landmark designations.
After asking questions of staff regarding if there has been a time when the
deadline was not met, and deadline timelines, Councilmember Brock
decided to withdraw his friendly amendment.
The original motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
ZONING
7.B. Introduction and Adoption of Emergency Interim Ordinance
No. 2690 (CCS) entitled “AN EMERGENCY INTERIM ZONING
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ORDINANCE 2636
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Councilmember de la Torre
returned at 9:09 p.m.
(CCS) AND EXTENDED AND AMENDED BY EMERGENCY
INTERIM ZONING ORDINANCES 2658, 2667 AND 2682 (CCS) FOR
ECONOMIC RECOVERY OF THE BC (PROMENADE) DISTRICT
AND THOSE PORTIONS OF THE BC (2ND
AND 4TH STREET) DISTRICT BOUNDED BY SECOND STREET TO
THE WEST, BROADWAY TO THE SOUTH, 4TH STREET TO THE
EAST, AND WILSHIRE BOULEVARD TO THE NORTH TO
INCREASE FLEXIBILITY FOR AUTOMOBILE/VEHICLE
SHOWROOMS”, was presented.
Recommended Action
Staff recommends that the City Council:
Introduce and adopt an Emergency Interim Ordinance amending interim
zoning regulations established by Emergency Interim Zoning Ordinance
Number 2636 (CCS) and extended and amended by Emergency Interim
Zoning Ordinance Numbers 2658, 2667 and 2682 (CCS) for economic
recovery and increased occupancy in the City’s BC (Promenade) District
and those portions of the BC (2nd and 4th Street) District Bounded by
Second Street to the West, Broadway to the South, 4th Street to the East,
and Wilshire Boulevard to the North by allowing automobile/vehicle
showrooms of all fuel types.
Members of the public Denise Barton, Jonathan Foster, and Seth Waskcow
spoke to the recommended action.
Questions asked and answered of staff included: can we limit the amount of
gasoline vehicles sold in the showroom; the word vehicle was inserted, is
the point to avoid allowing other automobile dealers; is the reason for this
recommendation because there is so much open space that used to be retail;
how many of these businesses are expected to go in over the next 10
months; how long will it take to permit this use; has it been decided where
the test driving will be; how many dealerships would accommodate having
parking spaces available; and, would it be a separate request if a dealership
wanted to use parking structures for parking and test driving.
Considerable discussion ensued on topics including, but not limited to:
limit the number of dealerships to one, no more than two per block; there
needs to be a limit to the types of cars they have in the showrooms; and, the
dealerships should not be able to use parking structures or the streets for
test drive or parking.
Motion by Councilmember Davis, seconded by Councilmember Negrete, to
introduce and adopt at first reading of the ordinance reading by title only
and waiving further reading thereof.
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Councilmember Parra proposed a friendly amendment to limit the number
of showrooms to no more than one or two per block, up to six total on the
Promenade.
Councilmember Davis as the maker of the motion accepts the friendly
amendment of no more than two dealerships per block, with direction that
if staff receives more than six, staff will come back to Council. The
amendment with changes was considered friendly by the seconder.
Councilmember Brock proposed a friendly amendment that at least some of
the six dealerships be dedicated to a green vehicle. He changed his
amendment to have alternative options in the automobile showroom.
Councilmember Davis proposed an alternative if the applicant has an
alternative vehicle or environmentally friendly vehicle that they should
show that in their showroom. The amendment was considered friendly by
the seconder.
Deputy City Attorney Heidi von Tongeln read into the record where the
proposed amendment would go into Section 2, of the interim ordinance
9.10.004, Specific limitation No. 8, which would read: Limited to six
automobile/vehicle dealer showrooms only, which must display one
alternative fuel automobile/vehicle, if such a vehicle is available in the
dealer’s fleet and limited to no more than six showrooms in the Third Street
Promenade area.
The motion, with the amendments were considered friendly by the maker
and seconder. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
LOBBYING 7.C. Introduction for First Reading of an Ordinance to Amend
Santa Monica Municipal Code Section 4.85.010 to define ‘lobbying
activity’ and add Section 4.85.015 to prohibit any individual from
serving on a City board, commission, task force, or advisory board if
that individual is currently registered as a lobbyist in the City of Santa
Monica or registered as a lobbyist in the two years prior to
appointment, was pulled at request of staff.
Recommended Action
Staff recommends that Council introduce for first reading the attached
ordinance, which does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010 to define
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‘lobbying activity’ and
2. Creates Section 4.85.015 to prohibit any individual from serving on
a City board, commission, task force, or advisory board if that
individual is currently registered as a lobbyist in the City of Santa
Monica or registered as a lobbyist in the two years prior to
appointment.
ARTS COMMISSION 7.D. Introduction and First Reading of an Ordinance amending
Section 2.64.020 of Chapter 2.64 to the SMMC reducing the
membership of the Arts Commission from 11 Commissioners to 9
Commissioners, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an
Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC
reducing the membership of the Arts Commission from 11 Commissioners
to 9 Commissioners.
There was no public comment on this item.
Motion by Councilmember de la Torre, seconded by Councilmember
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 Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
HISTORIC RESOURCES 7.E. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2691 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING EMERGENCY INTERIM
ZONING REGULATIONS ESTABLISHED BY EMERGENCY
INTERIM ZONING ORDINANCE NUMBER 2592 (CCS), EXTENDED
BY EMERGENCY INTERIM ZONING ORDINANCE NUMBERS 2599
AND 2626 (CCS), AND AMENDED BY EMERGENCY INTERIM
ZONING ORDINANCE NUMBER 2643 (CCS) REVISING THE
DEMOLITION PERMIT REVIEW PROCESS RELATING TO THE
PRESERVATION OF HISTORIC
RESOURCES”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency
Interim Zoning Ordinance to extend interim zoning regulations for the
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demolition permit review process relating to the preservation of historic
resources.
There was no public comment on this item.
Questions asked and answered of staff included: when the landmarks
commission was established, were they created to look at buildings over 40
years old; after the pandemic, does staff want to make this ordinance
permanent; in 2018/2020, did the Landmarks ordinance get changed to be
in sync with this interim ordinance; if someone buys a house and they want
to nominate the house next door to be landmarked, what do they do, and
what is the process; what are the other specific changes in the designation
process; if somebody else decides to designate a property a landmark, the
property owner is responsible for paying the fee; does staff believe there is
any decrease in the amount of historic preservation as a result of this
emergency ordinance being extended; why then is the conservancy and
landmarks opposed to this interim ordinance; and, assume the extension is
approved, is there a hope that the landmarks ordinance will be completed
before it expires.
Motion by Councilmember Brock, seconded by Councilmember Negrete,
to introduce and adopt at first reading of the ordinance reading by title only
and waiving further reading thereof, with the amendment to change the
expiration date to December 31, 2022. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
AFFORDABLE HOUSING 7.F. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2692 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO EXTEND INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM
ZONING ORDINANCE 2633 AND AMENDED AND EXTENDED BY
EMERGENCY INTERIM ZONING ORDINANCE 2645
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.39
AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR REVIEW
OF ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS
AND HOUSING PROJECTS SUBJECT TO THE HOUSING
ACCOUNTABILITY ACT BY ADMINISTRATIVE
APPROVAL”, was presented.
Recommended Action
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Staff recommends that the City Council introduce and adopt an emergency
Interim Zoning Ordinance to extend interim regulations authorizing 100%
affordable housing projects and Tier 2 housing projects subject to the
Housing Accountability Act to be reviewed through an Administrative
Approval process.
Members of the public Denise Baron, Graham Rigby, Jonathan Foster,
Maryanne O’Donnell, Kathy Knight, Zina Josephs and Andrea Steele
spoke to the recommended action.
Questions asked and answered of staff included: is there a requirement for
percentages for the different tiers; what are the state and local requirements
for Tier 1; can the amounts in Tier one be changed to mixed-use, and can it
be inserted in tonight’s vote, or does it have to be done separately; what is a
good threshold that’s not onerous to the Planning staff that would be
reasonable for the residents; what if a project doesn’t align with the LUCE,
would that be a good enough argument to not be approved; how does the
community input by those effected get recorded when projects are being
approved administratively; did we promise a date in our draft housing
element 1.A. a right to approve 100% affordable housing, and what would
happen if we go back on that now; if we delay this process, doesn’t it end
up costing more money on the back end for the developer and the future
tenants; is this about adding Tier 1 back into this ordinance; what risk if
any, if we were to make a decision that goes against what we agreed upon
with the state; what has changed since the Council approved the housing
element back in October 2021; what is the percentage required in Tier 2 for
affordable housing; has anyone done any traffic studies to see how it would
impact this proposal; are there no traffic studies required when the city
performs Administrative review; would we be out of line to use the adverse
impact argument to change our findings submitted to the housing element;
is it accurate that there were not be specific ranges in all of the Tiers; in
Housing Community Development (HCD) compliance Tier 2 is 15%
affordable, and then could you lay a density bonus on top of that; if council
approves this, then everything Tier 2 automatically gets Administrative
approval; and, can we say that this only applies to projects where the land is
not less than 30,000 square feet.
Considerable discussion ensued on topics including, but not limited to:
support Administrative approval for 100% affordable housing; would like
to separate Tier 2; problem with Tier 1 and Tier 2 projects going through
when there is minimal community meetings or community input from those
affected by the project; under the housing accountability act, as long as a
project met the standards, the city could not disapprove the project,
regardless of how much public input was received; would like to see more
100% affordable housing; having Tier 2 mixed use is not going to get the
city the 100% affordable housing that is required or desired; and,
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community benefits should go to the community most effected.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
Introduce and Adopt Emergency Interim Zoning Ordinance to Extend
Interim Zoning Regulations Established by Emergency Interim Zoning
Ordinance 2633 and Extended by 2645 Amending Santa Monica Municipal
Code Chapter 9.39 and Section 9.40.20 to Increase Thresholds for Review
of One Hundred Percent Affordable Housing Projects and Housing Projects
Subject is located on a parcel that does not exceed 43,460 square feet to the
Housing Accountability Act by Administrative Approval. The motion was
approved, with the amendment by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember Davis
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
13.A. Confirmation and appointment of Paul Winnemore as the joint
selection of the Santa Monica Police Chief and the Santa Monica Police
Officers Association as the ex officio and non-voting member to the
Public Safety Reform and Oversight Commission, was presented.
There was no public comment on this item.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton, Jonathan Foster and John Katz
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:13 a.m. in
memory of Donna Alvarez, Doris Sosin and Jerry Rosenblum.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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