m20230214 1 February 14, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 14, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on
Tuesday, February 14, 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 6:03 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 5:34 p.m., with all
members present except Councilmember Torosis. City Attorney Sloan led
the assemblage in the Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Members of the public Denise Barton, Jerry Rubin, Johnathan Foster, Goli
Bashamah, and Jill Hawkins commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
There were no members public present to comment on closed session
items.
There were no members of the public present to comment on special
agenda items.
Members of the public Johnathan Foster commented on consent calendar
items.
AGENDA
MANAGEMENT
Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to hear the
Homeless Proclamation (11.A.), the two continued items (8-items), and the
Appointment (16.A.) before the Housing Element. The motion was
unanimously approved by voice vote, with Councilmember Torosis absent.
PROCLAMATIONS/
COMMENDATIONS
4.A. Proclamation for Women's Heart Health Month, was presented
by Mayor Pro Tem Negrete.
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CLOSED SESSIONS
Councilmember Torosis
arrived at 6:03 p.m.
On order of the Mayor, the City Council recessed at 5:56 p.m., to consider
closed sessions and returned at 7:06 p.m., with all members present, to
report the following:
3.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. 20STCV15438
The City Attorney advised this matter was pulled and not heard.
3.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): City of Santa Monica v. The Insurance Company of the
State of Pennsylvania, et al., LASC Case No.
The City Attorney advised this matter was pulled and not heard.
3.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Gov. Code Section
54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al.,
Case No. 22STCV30598; John TAU Doe, et al. v. Santa Monica PAL,
et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No.
21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No.
22STCV08765; John JH Doe v. Police Activities League, et al., Case
No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities
League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa
Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2
and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113;
John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose
Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835 -
The City Attorney advised this matter was pulled and not heard.
3.D. Conference with Labor Negotiator: Government Code Section
54957.6 -- Agency Designated Representatives: City Manager David
White and Chief People Officer Lori Gentles; Bargaining Unit:
FEMA-Santa Monica Fire Executive Management
The City Attorney advised this matter was heard with no reportable action
taken.
The City Attorney reported out on two previous cases:
Following the January 24 closed session, the City settled Jessica
Villalobos-Martinez, et al. v. City of Santa Monica, 21STCV04406, for
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$350,000; the vote was 7-0.
At the January 24 closed session, the Council approved the City defending
the case of California Business Roundtable v. City of Santa Monica, et al.,
23-SMCV-00111, by a vote of 5-2, with Brock and Parra voting no.
MOMENT OF SILENCE The Mayor acknowledged a moment of silence for those impacted by the
earthquakes in Turkey and Syria. Councilmember Parra shared some
Earthquake Readiness tips.
SPECIAL AGENDA
ITEMS:
4.B. City Attorney's Report on Gifts, was presented.
4.C. City Manager's Report - Update on Public Safety, was
presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Parra reported that she traveled to the Independent Cities
Association in Santa Barbara which covered information about domestic
violence from a law enforcement perspective; how to reduce calls for
service; how to get services into schools to support students and parents;
training teachers to spot the signs of domestic violence; and media training
for public officials.
Councilmember Brock reported that he also attended the conference in
Santa Barbara where there was discussions about water, guns and liabilities
in cities. Sheriff Luna spoke about the importance of officers establishing
relationships with their residents. To engage with other city officials was a
worthwhile seminar.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to approve the Consent Calendar, reading resolutions by title only
and waiving further reading thereof. 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
PIER BRIDGE 5.A. Award RFP #SP2060 to Dokken Engineering, Inc. for design of
the Pier Bridge Replacement Project, was approved.
Recommended Action
Staff recommends that the City Council:
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1. Award RFP #SP2060 to Dokken Engineering, Inc. for the Pier
Bridge Replacement Project to provide engineering design services,
permit support, develop construction documents, conduct public
outreach, and provide engineering support during the construction
phase, for the Public Works Department;
2. Authorize the City Manager to negotiate and execute Agreement
No. 11361 (CCS) with Dokken Engineering, Inc., in an amount not
to exceed $4,158,400.
3. Direct staff to return to Council for Final Environmental Impact
Report/Environmental Assessment (EIR/EA) certification and to
commence the final design, only after the Final EIR/EA is certified.
DEPARTMENT OF
JUSTICE GRANT
5.B. Adoption of Resolution No. 11497 (CCS) “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE
AMOUNT OF $115,983 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY GENERAL,
TOBACCO LAW ENFORCEMENT GRANT PROGRAM”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the acceptance of a grant
awarded in the amount of $115,983 from the California Department
of Justice Tobacco Grant Program for the Tobacco Enforcement
program at the Police Department, and to accept all grant renewals.
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
4. Adopt a finding that the Tobacco Grant Program is categorically
exempt pursuant to Section 15321 (Class 21, Enforcement Actions)
of the California Environmental Quality Act (CEQA) Guidelines.
SOLID WASTE RATE
STUDY
5.C. Approval of Third Contract Modification with R3 Consulting
Group, Inc. for Solid Waste Rate Study, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a third
modification to agreement #10781 in the amount of $95,000 with
R3 Consulting Group, Inc. for solid waste rate study services for the
Public Works Department. This will result in a four-year amended
agreement with a new total amount not to exceed $447,075, with
future year funding contingent on Council budget approval.
2. Adopt a finding that the modification to agreement is statutorily
exempt from the California Environmental Quality Act (CEQA)
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pursuant to Section 15262 of CEQA.
MINUTES 5.D. Minutes of the City Council - Regular Meeting - October 25,
2022, were approved.
MINUTES 5.E. Minutes of the City Council - Regular and Special Meeting -
December 13, 2022, were approved.
MINUTES 5.F. Minutes of the City Council - Regular Meeting - January 10,
2023, were approved.
MINUTES 5.G. Minutes of the City Council - Regular Meeting - January 24,
2023, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Jim Ries and Leslie Lambert spoke on behalf of the Planning Commission,
members of the public Hunter Hall, Natalya Zeritskaya, Amy Anderson and
Jerry Rubin commented on Item 7.A.
Members of the public Denise Barton, Natalya Zernitskaya and Jerry Rubin
commented on Item 8.A.
Members of the public Denise Barton and Natalya Zernitskaya commented
on Item 8.B.
Members of the public Anthony Mollica (time donated by Mark Mollica),
Adam Bester and Hunter Hall commented on Item 10.A.
Members of the public Denise Barton and Johnathan Foster commented on
Item 11.A.
STUDY SESSION:
HOUSING ELEMENT
7.A. Study Session on Implementation of 6th Cycle (2021-2029)
Housing Element Programs, was continued to the February 22, 2023
Special Meeting.
Recommended Action
To ensure that the City of Santa Monica remains in compliance and
consistent with its approved 6th Cycle Housing Element of the City’s
General Plan, staff recommends that the City Council discuss and provide
direction on the policy questions presented in this report regarding the
Planning Commission’s recommended amendments to the following:
• Land Use and Circulation Element of the General Plan;
• Bergamot Area Plan;
• Downtown Community Plan, and
• The City of Santa Monica Comprehensive Zoning Ordinance, Santa
Monica Municipal Code Chapters 9.01 to 9.52,
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City Council is also being asked to discuss and provide direction on the
following:
• Amendments to the General Plan Land Use Designation Map and
the Official Zoning Map for Consistent Designation of Parcels;
• Amendments to the Zoning Ordinance for Consistency with State
Law Updates related to Housing Production and Minimum Parking
Requirements; and
• Minor Clarifying Amendments to the Zoning Ordinance.
CONTINUED ITEMS:
SUSTAINABLE CITY
PLAN
8.A. Receive and File Sustainable City Plan, Policies, and Programs,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Receive and file the City’s Sustainability City Plan, Policies and
Programs for the Public Works Department.
2. Adopt a finding of Categorical Exemption pursuant to Section
15307 of the California Environmental Quality Act (CEQA)
Guidelines.
Questions asked and answered of staff including: what comes next,
specifically with housing and making sure that the infrastructure is there to
meet these sustainable goals; what do the tenant incentives look like for
electric and other sustainable upgrades; as our city grows, is it safe to say
because of our policies that if people lived in other parts of the region, they
would probably use more water; doesn’t it make more sense to measure
water by per capita instead of by the gallon; how is progress measured with
recycling and organics; is there any plan to create a compose waste facility
in the city; why is it important to use the ratio of households versus the
amount of jobs in the city; is there a way to add in the electric water heaters
in the rebate programs; if we adopt standards that require no parking, will
the building still be required to have EV charging stations; are the streetside
chargers fast or slow chargers; and, is there anything the Council can do to
encourage Southern California Edison to upgrade their electrical
infrastructure.
Considerable discussion ensued on topics including, but not limited to: it
would be nice to make rebates and incentive information for tenants easier
to find on the city’s website; a lot of gratitude and thanks for the work that
the city staff has done in the subject of sustainability; look at ways to
mitigate and improve areas that have been impacted by environmental
hazards (i.e. the 10 Freeway or the Airport); give residents some sort of
advantage in the local job market; support using the parks as charging
stations; and, encouragement to apply for grants that can help us upgrade
our infrastructure.
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On the order of the Mayor, the information presented was received and
filed.
AGENDA
MANAGEMENT
Motion by Mayor Davis, seconded by Councilmember Brock, to continue
the entire Housing Element to the February 22, 2023, Special meeting, with
the Public hearing already closed. The motion was unanimously approved
by voice vote, with all members present.
POST-PANDEMIC
RECOVERY
8.B. Request of Councilmember Torosis and Mayor Pro Tem
Negrete Expediting an Equitable Post-Pandemic Recovery for Santa
Monica’s Small Businesses, was presented.
Questions asked and answered of staff included, would it be a friendly
amendment to include relocation for small businesses as construction and
new building happening around town.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick, to
adopt the staff recommendation, with an amendment. 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
ORDINANCES:
10.A. Introduction and First Reading of an Ordinance Amending
Santa Monica Municipal Code Chapter 6.42 that Established the
Outdoors Parklet Program, was presented.
Recommended Action
Staff recommends that Council consider:
1. Adopt a finding of Exemption pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) Guidelines.
2. Introduction for first reading of an Ordinance amending Santa
Monica Municipal Code (“SMMC”) Chapter 6.42 (Attachment A)
that established a comprehensive permanent parklet program
(“Parklet Program”) to: (a) increase the maximum number of
parking and loading spaces that are allowed for the operation of a
parklet on the City’s public right-of-way, provided an eligible
business meets certain conditions, from up to two spaces total to up
to four spaces total; and (b) clarify certain responsibilities of
eligible businesses that operate parklets under the Parklet Program.
Questions asked and answered of staff included: can the ordinance be
revised to eliminate having to go to the landlord instead of going to the
owner of a restaurant; can the parklet design requirements be changed; is
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there a way to reward those businesses that followed the rules to reduce the
parklets to two parking spaces; did the original ordinance require the
security deposit be made through the City Council; is there a certain
formula used to determine how much the security deposit will be; if a
business or restaurant moves and abandons their parklet, what happens to
that parklet, can the new business take over that parklet; is there a plan to
grandfather in those businesses that had more than two parklets; and, what
is the security deposit used for other than removal.
Considerable discussion ensued on topics including, but not limited to: if a
business owner is grandfathered to have more than two spaces and there is
a break in the business, without a transfer, this ordinance only allows the
new business to have two spaces for the parklet; expressed support for
allowing businesses that previously had larger parklets, to allow them to
remain; the security deposit should be capped with a specific percentage
increase annually based on indexing for new tenants; supports a cap, as
long as it is a cost recovery cap; and, it’s important for local businesses to
understand that our cost and fees are far less onerous compared to other
jurisdictions to operate a parklet program.
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, as amended.
The Mayor and City Attorney provided clarification for the updated
language: 1) ownership issue, if a proposed parklet will encroach in front of
an adjacent property, both the adjacent business and property owner must
consent; 2) if there is any break in the operation of the parklet, that the new
business would not qualify, and therefore would only be able to operate a
maximum of two spaces; and 3) whatever security deposit imposed for
operation of a parklet would be tied to cost recovery for the removal and/or
operation of the parklet.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Torosis
ABSENT: None
Councilmember Torosis voted no because she does not support spot-zoning
to help one specific business when there is already a process in place.
AGENDA
MANAGEMENT
Councilmember de la Torre, seconded by Councilmember Brock, to
continue past 11:00 p.m. and hear all items remaining on the agenda. The
motion was unanimously approved by voice vote, with all members
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present.
STAFF
ADMINISTRATIVE
ITEMS:
LOCAL EMERGENCY
DECLARATION
11.A. Adoption of Proclamation of the City Council of the City of
Santa Monica Declaring a Local Emergency on Homelessness, was
presented.
Recommended Action
Staff recommends that Council adopt the attached Proclamation.
Questions asked and answered of staff included: which department will be
mostly impacted by this; how much money is in the housing authority fund;
when can we expect this to return to Council; is this Emergency
proclamation is only for 180-days; what can the residents expect to see
done during this 180-days; and, how is it envisions using this proclamation
to work with other jurisdictions who are bordered on Santa Monica.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to
adopt the staff recommendation. The motion was approved by voice
vote, with all Councilmembers present.
COUNCILMEMBER
DISCUSSION ITEMS:
DISABILITIES
COMMISSION
16.A. Appointment to two unscheduled vacancies on the Disabilities
Commission for a term ending on 6/30/2025 and 6/30/2026, was
presented.
The appointment for the term ending on 6/30/2025 was continued to a
future date.
On order of the Mayor, the floor was opened for nominations for the term
ending on 6/30/2026.
Motion by Councilmember Brock, seconded by Councilmember Torosis to
nominate Gerald Rakfeldt.
Gerald Rakfeldt was appointed to the Disability Commission for a term
ending June 30, 2026, by acclamation with all members present.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:45 p.m.
in memory of Jule Lamn and Marnita Carraway.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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