m20230110 1 January 10, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 10, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:33 p.m., on
Tuesday, January 10, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:47 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:33 p.m., with all
members present except Councilmember Torosis. Councilmember de la
Torre led the assemblage in the Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Councilmember Torosis
arrived at 5:47 p.m.
Members of the public Jerry Rubin, Maria Esparza, Lucian Tudor, Theresa,
Ireme Ruiz, Dulce, Nicholas Carrillo, Jorge Luis Cruz, Will Bold,
Alejandro Hernandez, Elena Hernandez, Kayla Smith, Cynthia Anderson
Barker, Alexandru Stan, Abraham Chapman, Christopher Chavez, Teresa
Murcia, Jane McCaffrey, and Katie McKeon commented on various local
issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
There were no members of the public present to provide public comment
on Closed Session, Special Agenda Items or Consent Calendar items.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 6:18 p.m., to consider
closed sessions and returned at 7:03 p.m., with all members present, to
report the following:
3.A. Conference with Legal Counsel – Existing Litigation – Gov.
Code Section 54956.9(d)(1): Biden v. Nebraska, U.S. Supreme Court
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docket no. 22A444.
The City Attorney advised that the City Council has agreed to join this
amicus brief. The City Attorney reported the Council approved joining by
a unanimous vote, with all members present.
SPECIAL AGENDA
ITEMS:
4.A. City Manager's Report: COVID-19 Emergency Order, was
presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
The City Clerk read into the record a correction to the resolution for Item
5.F. that the first meeting in November should be November 14th, not
November 11th.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to
approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof, with the correction to Item 5.F. The
motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
TELECONFERENCE
MEETINGS
5.A. Adoption of Resolution No. 11490 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING FINDINGS AS REQUIRED BY AB 361 TO
PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK
FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY
TELECONFERENCE WHILE THE COVID-19 EMERGENCY
REMAINS IN PLACE”, was adopted.
Recommended Action
Staff recommends that the City Council adopt a resolution making the
findings required by AB 361 to continue teleconference meetings of the
City Council and City Boards, Commissions, and Task Forces.
SHORT RANGE TRANSIT
PLAN
5.B. Adoption of Resolution No. 11491 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO AUTHORIZE THE CITY MANAGER TO FILE THE FY
2022-23 THROUGH FY 2024-25 TRANSPORTATION
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DEVELOPMENT ACT AND STATE TRANSIT ASSISTANCE CLAIM;
TO SUBMIT GRANT APPLICATIONS AND TO NEGOTIATE AND
EXECUTE GRANT AGREEMENTS AND OTHER TRANSIT
AGREEMENTS IN FURTHERANCE OF THE SHORT RANGE
TRANSIT PLAN FOR FY 2022-23 THROUGH FY 2024-25”, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to file the Fiscal Year (FY) 2023-25
Short Range Transit Plan (SRTP) with the Los Angeles County
Metropolitan Transportation Authority (Metro).
2. Adopt the attached resolution authorizing the City Manager to: (a)
apply for and execute grant agreements and execute related
certifications and assurances with the Federal Transit
Administration (FTA), Metro, and other Federal, State, Regional or
Local agencies; and (b) enter into agreements for transit funds for
the pass-through of funds and agreements for planning,
programming, and implementing transit services and capital
projects during FY 2022-23 through FY 2024-25.
3. Staff recommends the Council 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.
PIER 5.C. Award Bid and Enter into Construction Contract No. 11350
(CCS) with Jilk Heavy Construction, Inc. for Pier Below Deck Fire
Sprinkler Replacement Project - Phase 2, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2676 to Jilk Heavy Construction, Inc. for
construction services for the Pier Below Deck Fire Sprinkler
Replacement Project – Phase 2 for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a contract with
Jilk Heavy Construction, Inc. in an amount not to exceed
$2,086,140 (including a 20% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority; and
4. Adopt a finding of Categorical Exemption pursuant to Section
15302, Replacement or Reconstruction, of the California
Environmental Quality Act (CEQA) Guidelines.
COVID-19 EMERGENCY
PROCLAMATION
5.D. Adoption of Resolution No. 11492 (CCS) entitled “AN
EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY
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OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF
EXISTENCE OF LOCAL EMERGENCY AND SUPPLEMENTAL
PROCLAMATIONS THERETO”, was adopted.
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the
Executive Order issued by the Director of Emergency Services declaring
the existence of a local emergency in the City of Santa Monica and the
Supplements to that Order.
SOUTH BEACH
PARKING LOT
5.E. Accept Proposal and Enter into Agreement No. 11351 (CCS)
with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2023
Finish Line Festival, was approved.
Recommended Actions
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 9-10, 2023 for the
“AIDS/LifeCycle 2023 Finish Line Event”.
CITY COUNCIL
MEETING CALENDAR
5.F. Adoption of Resolution No. 11493 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING THE 2023 CITY COUNCIL MEETING
CALENDAR”, was adopted, as amended.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
establishing the 2023 Council regular meeting calendar.
MINUTES 5.G. Approval of City Council Regular Meeting Minutes- August 23,
2022, were approved.
MINUTES 5.H. Approval of City Council Special Meeting - August 24, 2022, were
approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member of the public Denise Barton commented on Item 10.C.
Members of the public Denise Barton, Ruthann Shanley and Ann Hoover
commented on Item 10.D.
Member of the public Staci Griesbach commented on Item 16.A.
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CONTINUED ITEMS:
COUNCIL RULES
8.A. Adoption of Resolution No. 11494 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE RULES OF ORDER AND PROCEDURE
FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11427 (CCS)”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Provide direction to staff to either continue the public input pilot as
is, return to the previous method for public input; or adopt a new
method based on modifications from the aforementioned options;
and,
2. Adopt the attached proposed resolution amending the City
Council’s Rules of Order and Procedure.
Questions asked and answered of staff including: if someone wants to request
an ADA accommodation to speak at a Council meeting, when does a member
of the public need to notify the Clerk’s Office; what would the cost to only
have hybrid meetings for City Council meetings; is there a software to
receive calls to place them in a queue before transferring the callers into the
meeting; what is the total cost to hold hybrid meetings for all boards and
commissions; has staff done an assessment as to the pilot, has there been any
change in the number of speakers who come to speak in-person at meetings
since the pilot program has been incorporated; did staff look at how AB 2449
can be incorporated to allow hybrid remote meetings; are there grants from
the state that could help fulfill the cost for some of the required upgrades;
can staff come back with an estimate for a hybrid cost for just the City
Council meetings with the necessary upgrades; if a pilot program is done for
hybrid meetings, maybe we should consider the Disability Commission;
could staff come back with a breakdown of cost for upgrades and staffing for
not just the Chambers, but for all city facilities that hold meetings; could we
look at other systems we haven’t looked at yet for hybrid meetings; and, will
the extension of the public input pilot allow members of the public to speak
during the items.
Councilmember de la Torre proposed an amendment to the resolution to
consider adding a rotation of the selection of the Mayor based on seniority,
with the Mayor Pro Tem selection not changing.
Considerable discussion ensued on topics including, but not limited to:
suggest to say the city will make its best effort to accommodate an ADA
request if the request comes in after the 72-hour deadline; with regard to the
pilot program, the concern is that the general public be able to have access
to meetings, and being able to participate remotely; not supportive of any of
the methods, supportive of remote public comments; concerns about the
Mayor being selected by seniority, and that the Mayor should be elected by
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the Council.
Motion by Councilmember Brock, seconded by Councilmember Torosis, to
approve the rules and accept extending the pilot public input in current form
for one year as is, including rotation of Mayor.
The City Attorney proposed an amendment in the accommodation section,
add language that “best efforts shall be used to accommodate request
received after the 72-hour deadline”. The amendment was approved by the
maker and seconder of the motion.
Mayor Davis proposed a friendly amendment to separate the rotation of the
Mayor from the motion and address that amendment separately. The motion
was not considered friendly to the maker.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Zwick
ABSENT: None
Motion by Councilmember Zwick, seconded by Councilmember Torosis, to
direct staff to come back with cost and trade-offs of budget priorities; a tier
cost breakdown to allow hybrid public comment at Council meetings, then
the breakdown for hybrid public comment for the remaining boards and
commissions; and look at alternative ways to receive calls. The motion was
unanimously approved by voice vote by all members present.
AUDIT SUBCOMMITTEE 8.B. Adoption of Resolution No. 11495 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING AND RESTATING AUDIT SUBCOMMITTEE
RULES OF CONDUCT TO CLARIFY THE TIMING OF THE
ELECTION OF THE AUDIT SUBCOMMITTEE CHAIR AND VICE-
CHAIR”, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached Resolution of
the City Council of the City of Santa Monica Amending and Restating
Audit Subcommittee Rules of Conduct to Clarify the Timing of the
Election of the Audit Subcommittee Chair and Vice-Chair (Attachment A)
Motion by Councilmember Brock, seconded by Councilmember Parra, to
adopt the staff recommendation.
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The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
BOARDS AND
COMMISSION
APPOINTMENTS
8.C. Appointment to three unscheduled vacancies on the multiple
Commissions, was presented.
Board/Commission Number of
Appointments
Term End
Date
Requirements
Airport Commission 1 6/30/2024 Santa Monica
Resident
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Joseph Pertel.
There being no other nominations, Joseph Pertel was unanimously
voted by acclamation for appointment to the Airport Commission for a
term ending June 30, 2024.
Disabilities
Commission
1 6/30/2025 Santa Monica
Resident
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Negrete nominated Cynthia Paganuzzi.
There being no other nominations, Cynthia Paganuzzi was unanimously
voted by acclamation for the appointment to the Disabilities
Commission for a term ending June 30, 2025.
Personnel Board 1 6/30/2023 Santa Monica
Resident
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Negrete nominated Melanie Lutheran Allen.
There being no other nominations, Melanie Lutheran Allen was
unanimously voted by acclamation for the appointment to the Personnel
Board for a term ending June 30, 2023.
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ORDINANCES:
LOBBYING ACTIVITY
10.A. Second Reading and Adoption of Ordinance No. 2733 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 4.85.010, DEFINITIONS, AND ADDING SECTION 4.85.015
TO PROHIBIT ANY INDIVIDUAL FROM SERVING
OR CONTINUING TO SERVE ON A CITY BOARD, COMMISSION,
TASK FORCE, OR ADVISORY BOARD IF THAT INDIVIDUAL HAS
ENGAGED IN LOBBYING ACTIVITIES IN THE CITY OF SANTA
MONICA IN THE TWO YEARS PRIOR TO APPOINTMENT”, was
presented
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to
adopt the ordinance, reading by title only and waiving further reading
thereof.
Councilmember Zwick proposed a friendly amendment to include those who
work for non-profits organizations 501(c)(3) that work and serve the public
good should also be included in the exemptions for those who are categorized
as Lobbyist. The motion was not considered friendly by the maker.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Parra,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmembers Torosis, Zwick
ABSENT: None
Direction given to the City Attorney to provide an analysis of how this
would affect employees of 501(c)(3).
DIGITAL WAYFINDING 10.B. Second reading and adoption of Ordinance No. 2734 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE GRANT OF AN EXCLUSIVE
FRANCHISE TO BIG OUTDOOR INVESTMENTS, LLC., TO INSTALL
AND OPERATE OUT-OF-HOME KIOSKS IN THE CITY’S RIGHT-OF-
WAY FOR 20 YEARS”, was presented
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Parra, seconded by Mayor Pro Tem Negrete, to
adopt the ordinance, reading by title only and waiving further reading
thereof.
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The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmembers Brock, Torosis
ABSENT: None
ZONING 10.C. Introduction and Adoption of Proposed Emergency Interim
Zoning Ordinance No. 2735 (CCS) entitled “AN EMERGENCY
INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING INTERIM ZONING
REGULATIONS TO UPDATE DENSITY BONUS REQUIREMENTS
FOR 100% AFFORDABLE HOUSING DEVELOPMENTS”, was
presented
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that no subsequent environmental review is required
pursuant to California Environmental Quality Act (CEQA) Guidelines
§ 15162 based on a determination that the proposed project was
analyzed as part of the 2021-2029 6th Cycle Housing Element
Environmental Impact Report (EIR) [SCH No. 20212269242021] that
was certified by Council on October 12, 2021 with an Addendum to
the EIR approved on October 11, 2022.
2. Introduce and adopt an emergency interim zoning ordinance to
extend interim zoning regulations adopted by Emergency Interim
Zoning Ordinance No. 2732 (CCS) to allow qualifying 100%
affordable housing projects that receive unlimited density and up to
three stories or 33 feet in additional height under State Density
Bonus Law to request additional waivers or reductions of
development standards.
Questions asked and answered of staff included, is the Pico Neighborhood
still being exempted.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to adopt a finding that no subsequent environmental review is
required pursuant to California Environmental Quality Act (CEQA)
Guidelines § 15162 based on a determination that the proposed project was
analyzed as part of the 2021-2029 6th Cycle Housing Element
Environmental Impact Report (EIR) [SCH No. 20212269242021] that was
certified by Council on October 12, 2021 with an Addendum to the EIR
approved on October 11, 2022.
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The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to introduce and adopt on 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, Brock, Torosis, de la Torre
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
SMOKING PROHIBITION 10.D. Introduction and First Reading of an Ordinance Modifying
Santa Monica Municipal Code Section 4.44.020 to Enhance
Enforcement of Prohibitions of Smoking in Multi-Unit Common Areas
and Near Multi-Unit Residential Buildings, was presented
Recommended Action
Staff recommends that the City Council introduce for first reading the
proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a)
of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in
multi-unit residential common areas, and the public right-of-way areas
around multi-unit residential buildings.
Questions asked and answered of staff included: are the alleys being
included; is there a way to easily determine the 20 feet or 40 feet
measurement; what is the average width of an alley; can this be
incorporated to include all residential units in the city; and, with regards to
the current prohibitions, we don’t give warning there.
Considerable discussion ensued on topics including, but not limited to:
concern that 40 feet may be an undue burden for some of the residents to
have to go to smoke; the idea is to protect people’s health and safety; and,
concern that a person can misuse the written warning instead of a fine.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember de la
Torre, to introduce and hold first reading of the ordinance reading by title
only and waiving further reading thereof, with the amendment to include
alleys.
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Councilmember Parra proposed a friendly amendment to change it from 20
feet to 30 feet. The amendment was considered friendly by the maker and
seconder.
Councilmember Zwick proposed a friendly amendment to amend the
section under Infractions to use the same language as under Admin
Citations, Section 16 issuing a written warning with the same penalties.
The amendment was considered friendly by the maker and seconder.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
ARTS COMMISSION
16.A. Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on 6/30/2025, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Stacy Griesbach.
Councilmember Torosis nominated Ethan Karetsk.
Staci Griesbach was appointed by the following vote:
Griesbach: Councilmembers de la Torre, Brock, Parra,
Mayor Pro Tem Negrete
Karetsky: Councilmembers Torosis, Zwick, Mayor Davis
Councilmembers Zwick, Torosis, and Mayor Davis changed their votes to
Griesback, thereby appointing Stacy Griesbach by acclamation to the Arts
Commission for a term ending June 30, 2025, with all members present.
ARCHITECTURAL
REVIEW BOARD
16.B. Appointment to one unscheduled vacancy on the Architectural
Review Board for a term ending on 6/30/2023, was presented.
Motion by Mayor Davis, seconded by Councilmember Brock, to continue
this appointment to a future date, due to there being no applicants. The
motion was unanimously approved by voice vote, with all members
present.
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ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:23 p.m.in
memory of Peter F. Bradley, Rex H. Minter, and Paul J. White.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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