m20230314
1 March 14, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 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, March 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 5:51 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
Assistant City Clerk Nikima Newsome
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 Donnie Longino, Grant Harris, Donald Hinchman,
CAT, and Johnathan Foster commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Member of the public Grant Harris commented on closed session items.
No members of the public commented on special agenda items.
No members of the public commented on consent calendar items.
CLOSED SESSIONS
(Mayor Davis recused from
Item 3.F. at 7:16 p.m.)
On order of the Mayor, the City Council recessed at 5:51 p.m., to consider
closed sessions and returned at 7:31 p.m., with all members present, to
report the following:
3.A Conference with Labor Negotiator: Government Code Section
54957.6 – City Representatives: City Manager David White and Chief
People Officer Lori Gentles; Human Resources Manager Robert
Scalise; Alexander Volberding, Liebert Cassidy Whitmore; Bargaining
Unit: ATA-Administrative Team Associates
The City Attorney advised this matter was heard with no reportable action
taken.
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3.B Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9(d)(1): City of Santa Monica, et al. v.
1238 10th Street, LLC., et al.; LASC Case No. 21SMCV01585
The City Attorney advised this matter was heard with no reportable action
taken.
3.C Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9 (d)(1): NMS 1539, LLC., et al. v.
City of Santa Monica, et al.; Central District of California Case No.
2:20-cv-11318-FLA(JPRx)
The City Attorney advised this matter was heard with no reportable action
taken.
3.D Conference with Legal Counsel – Anticipated Litigation –
Government Code section 65589.5(d): WS Communities v. City of
Santa Monica
The City Attorney advised this matter was heard with no reportable action
taken.
3.E Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9(d)(1): Santa Monica-Malibu School
District, et al. v. Los Angeles County Committee on School District
Organization; LASC Case No. 22STCP00986
The City Attorney advised this matter was heard with Council approving
the City participating in an appeal with a vote of 4-3, with Councilmembers
Brock, de la Torre, and Parra voting against the item.
3.F Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9 (d)(1): Lenka Kabilka v. City of
Santa Monica; LASC Case No. 22STCV37782
The City Attorney advised this matter was heard with the Council
approving defending the case with a vote of 6-0 with Mayor Davis recusing
herself.
SPECIAL AGENDA
ITEMS:
4.A. City Manager's Report, was presented.
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.
At the request of Councilmember Brock, Item 5.B. was removed from the
Consent Calendar.
At the request of Councilmember de la Torre, Item 5.E. was removed from
the Consent Calendar.
Motion by Councilmember Torosis, seconded by Councilmember Brock, to
approve the Consent Calendar except for Items 5B. and 5.E., 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
BILLING SYSTEM 5.A. Approval of Fourth Modification to Contract #9649 (CCS) with
Harris Computer Systems Corporation for Software Licensing for the
NorthStar Utility Billing System, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect on the
environment pursuant to Section 15061(b)(3) (Common Sense
Exemption) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Authorize the City Manager to negotiate and execute a fourth
modification to agreement #9649 (CCS) in the amount of $550,000
with Harris Computer Systems Corporation to extend maintenance
and support services for an additional five-year period. This
modification would result in a 15-year amended agreement with a
new total amount not to exceed $1,362,703, with future year
funding contingent on Council budget approval.
WATER GRANT FUNDS 5.C. Adoption of Resolution No. 11504 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO APPLY FOR,
NEGOTIATE, AND ENTER INTO A CALIFORNIA STATE
DEPARTMENT OF WATER RESOURCES URBAN
COMMUNITY DROUGHT RELIEF GRANT PROGRAM AGREEMENT
FOR THE CITY OF SANTA MONICA DROUGHT RELIEF PROJECT”
and Resolution No. 11505 (CCS) entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
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THE CITY MANAGER TO APPLY FOR GRANT FUNDS FOR A
UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF
RECLAMATION WATERSMART: WATER RECYCLING AND
DESALINATION PLANNING GRANT, AND TO NEGOTIATE AND
ENTER INTO A GRANT AGREEMENT WITH THE UNITED STATES
BUREAU OF RECLAMATION AND ANY AMENDMENTS
THERETO”, was approved.
Recommended Action
Staff Recommends that the City Council:
1. Adopt the attached resolutions authorizing the application for grants
funds in the amount of $22.8 million with the California State
Department of Water Resources’ Urban Community Drought Relief
Grant Program and $961,033 with the United States Bureau of
Reclamation’s WaterSMART: Water Recycling and Desalination
Planning Grant Program.
2. 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.
3. Adopt a finding of Categorical Exemption pursuant to Section
15262, Section 15302, Section 15303, Section 15304, and Section
15306 of the California Environmental Quality Act (CEQA)
Guidelines.
EMPLOYEE BENEFITS 5.D. Award Contract No. 11367 (CCS) to Alliant Insurance Services,
Inc. for Employee Benefit Consulting Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect on the
environment pursuant to Section 15061(b)(3) (Common Sense
Exemption) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Authorize the City Manager to negotiate and execute an agreement
with Alliant Insurance Services, Inc. for employee benefit
consulting services for the Human Resources Department. This
recommended award is made as an exception to the competitive
bidding process pursuant to Municipal Code section 2.24.250 (c)
and is for a total amount not to exceed $550,000 (including a
$54,320 contingency) over five years with future year funding
contingent on Council budget approval.
1427 LINCOLN
BOULEVARD
5.F. Adoption of Resolution No. 11507 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION
MAP FOR TRACT NO. 83026 TO SUBDIVIDE A PROPERTY AT 1427
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LINCOLN BOULEVARD”, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption (Approval of Final
Subdivision Map) pursuant to Section 15268(b)(3) of the California
Environmental Quality Act.
2. Adopt the attached resolution approving Final Tract Map No. 83026
for an airspace subdivision of 30 residential condominium units and
two commercial condominium units located at 1427 Lincoln
Boulevard.
PUBLIC WORKS
SOFTWARE
5.G. Approval of Third Modification to Contract #10419 (CCS) with
Infor Global Solutions for the Computerized Maintenance
Management System for the Public Works Department, was approved.
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of no possibility of significant effect on the
environment pursuant to Section 15061(b)(3) (Common Sense
Exemption) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Authorize the City Manager to negotiate and execute a third
modification to Contract 10419 (CCS) with Infor Global Solutions
for the Computerized Maintenance Management System (CMMS)
agreement with the Water Resources Division for the Public Works
Department. This modification is to extend the agreement for an
additional two years in the amount of $180,000, for a total amount
not to exceed $1,169,334 for a total contract term of twenty-four
years.
3200 AIRPORT AVENUE 5.H. Award Bids for 3200 Airport Ave Renovation Hazmat
Abatement and Adopt a Finding of Categorical Exemption Under
Sections 15301, 15302, and 15308 of the California Environmental
Quality Act Guidelines, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2660 to Unlimited Environmental, Inc. for 3200
Airport Avenue hazardous material abatement services for the
Public Works Department;
2. Authorize the City Manager to negotiate and execute Agreement
No. 11370 (CCS) with Unlimited Environmental, Inc., in an amount
not to exceed $229,702 (including a $38,284 contingency);
3. Award Bid #SP2660 to Unlimited Environmental, Inc. for on-call
hazardous material abatement services for the Public Works
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Department;
4. Authorize the City Manager to negotiate and execute Agreement
No. 11371 (CCS) with Unlimited Environmental, Inc., in an amount
not to exceed $1,500,000 for three years, with two-additional one-
year renewal options in the amount of $500,000, on the same terms
and conditions for a total amount not to exceed $2,500,000 over a
five-year period, with future year funding contingent on Council
budget approval.
5. Award Bid #SP2660 to Castlerock Environmental, Inc. for on-call
hazardous material abatement services for the Public Works
Department;
6. Authorize the City Manager to negotiate and execute Agreement
No. 11372 (CCS) with Castlerock Environmental, Inc., in an
amount not to exceed $1,500,000 for three years, with two-
additional one-year renewal options in the amount of $500,000, on
the same terms and conditions for a total amount not to exceed
$2,500,000 over a five-year period, with future year funding
contingent on Council budget approval.
7. Adopt a finding of Categorical Exemption pursuant to Sections
15301 (Existing Facilities), 15302 (Replacement/Reconstruction),
and 15308 (Actions for Protection of the Environment) of the
California Environmental Quality Act (CEQA) Guidelines.
CONFLICT OF
INTEREST CODE
5.I. Adoption of Resolution No. 11508 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING RESOLUTION NUMBER 11306
(CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST
CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH
STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE
FILED”, was approved.
Recommended Action
Staff recommends that the City Council update the City’s Conflict of
Interest Code by adopting the proposed resolution.
HUMAN RESOURCES
SOFTWARE
5.J. Approval of Revised Contract Amount for Benefit
Administration Software with PlanSource for Human Resources
Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect on the
environment pursuant to Section 15061(b)(3) (Common Sense
Exemption) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Authorize the Procurement Manager to increase the contract amount
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for the Human Resources Department with PlanSource for benefit
administration software in an amount not to exceed $336,000,
which covers an overage on the previous Council budget
authorization and covers future services until the anticipated end of
the contract on July 1, 2023.
MINUTES 5.K. Minutes of the City Council Special Meeting - February 22,
2023, were approved.
MINUTES 5.L. Minutes of the City Council Regular and Special Joint Meeting
- February 28, 2023, were approved.
SURPLUS PROPERTIES 5.B. Adoption of Resolution No. 11503 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, DECLARING THAT CERTAIN REAL
PROPERTY OWNED BY THE CITY LOCATED AT 1217 EUCLID
STREET, 1211-1217 FOURTEENTH STREET, AND 1146 SIXTEENTH
STREET QUALIFIES AS EXEMPT SURPLUS LAND UNDER THE
SURPLUS LAND ACT BECAUSE PROPOSED FOR 100%
AFFORDABLE HOUSING DEVELOPMENT AND NOT NECESSARY
FOR THE CITY’S USE; AND FINDING THAT SUCH DECLARATION
IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING
RELATED ACTIONS”, was approved.
Recommended Action
Staff recommends that the City Council:
1. Declare three City-owned properties located at 1217 Euclid Street (APN
4282-004-900), 1211-1217 Fourteenth Street (APN 4282-003-900 and -
901), and 1146 Sixteenth Street (APN 428-1005-900) as “exempt surplus
land” as defined in Government Code Section 54221(f);
2. Adopt a Resolution declaring the City-owned properties at 1217 Euclid
Street, 1211-1217 Fourteenth Street, and 1146 Sixteenth Street as exempt
surplus land, and 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
3. Authorize the City Manager or his or her designee to submit the report of
declared exempt surplus land as part of the Annual Report to the California
Department of Housing and Community Development (HCD), in
conformance with state law.
4. Adopt a finding of no possibility of significant effect on the environment
pursuant to Section 15061(b)(3) (Common Sense Exemption) of the
California Environmental Quality Act (CEQA) Guidelines and find that the
issuance of a Request for Proposal for affordable housing on the City-
owned properties at 1217 Euclid Street, 1211-1217 Fourteenth Street, and
1146 Sixteenth Street are consistent with the certified 6th Cycle Housing
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Element Environmental Impact Report.
Questions asked and answered of staff included: Will public parking still
be available at the location at 1211-1217 Fourteenth Street after it is
redeveloped; what is the timeline for the RFP and getting the project
started; is one development team being selected for this project; what action
is being taken on this tonight; what is the commitment; would parking
requirements be considered a constraint on the Housing Element; does the
Surplus Land Act statute also cover the creation of affordable homes for
ownership; is staff considering any properties for home ownership or for a
rent to own concept; are there amenities such as community rooms being
considered as part of the project and will there be a time for Council to
provide such direction.
Motion by Councilmember Brock, seconded by Councilmember Torosis, to
adopt the staff recommendation. 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
FREEWAY
MAINTENANCE
5.E. Adoption of Resolution No. 11506 (CCS) to Enter into Updated
Freeway Maintenance Agreement No. 11368 (CCS) and Negotiate
Delegated Maintenance Agreement No. 11369 (CCS) with Caltrans,
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
2. Adopt the attached Resolution authorizing the City Manager to
enter into a new updated Freeway Maintenance Agreement with the
California Department of Transportation (Caltrans).
3. Authorize the City Manager to negotiate and execute a Delegated
Maintenance Agreement with Caltrans to obtain reimbursement for
maintenance work performed by the City on State routes within
City boundaries.
Questions asked and answered of staff included: Who has the
responsibility for cleaning and maintaining certain areas of the off ramps on
the freeway; can a list be provided of areas that are not being properly
maintained that can be a part of the quarterly community cleanups; and can
Councilmembers do a walk through of the areas to address maintenance
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concerns that are not being performed by Caltrans that are under its
purview.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to adopt the staff recommendation. 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
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton commented on Items 10.C., 16.A.,
16.F., David Morris commented on Item 11.A., Albin Gielicz and Kara
Taub on Item 16.E., Nicole Faries and Jennifer Smith on Item 16.B.
ORDINANCES:
THIRD STREET
PROMENADE
10.A. Second Reading and Adoption of Interim Zoning Ordinance
No. 2738 (CCS) entitled “AN INTERIM ZONING ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040
ELIMINATING THE PROHIBITION ON FAST FOOD RESTAURANTS
IN ESTABLISHMENTS WITH FRONTAGE ON THE THIRD STREET
PROMENADE”, 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. 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
WIRELESS FACILITIES
(Mayor Davis recused at 8:12
p.m.)
10.B. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2739 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO CONFIRM THE APPLICABILITY OF
CERTAIN ZONING AND HEALTH AND SAFETY REGULATIONS TO
WIRELESS FACILITIES SUBJECT
TO SANTA MONICA MUNICIPAL CODE CHAPTER 9.32”, was
presented.
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Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section
15303 (New Construction or Conversion of Small Structures) of the
California Environmental Quality Act (CEQA) Guidelines.
2. Introduce and adopt an emergency Interim Zoning Ordinance to
confirm the applicability of certain zoning and health and safety
regulations to wireless facilities subject to Santa Monica Municipal
Code Chapter 9.32, Personal Wireless Service Facilities.
Motion by Councilmember Brock, seconded by Councilmember Torosis, to
adopt a finding of Categorical Exemption pursuant to Section 1503 (New
Construction or Conversion of Small Structures) of the California
Environmental Quality Act (CEQA) Guidelines. The motion was approved
by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Pro Tem Negrete
NOES: None
ABSENT: Mayor Davis
Motion by Councilmember Brock, seconded by Councilmember Parra, to
introduce and adopted 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
NOES: None
ABSENT: Mayor Davis
ZONING
(Mayor Davis returned at
8:21 p.m.)
(Councilmember de la Torre
left the dais at 8:21 p.m. and
returned at 8:25 p.m.)
(Councilmember Torosis left
the dais at 9:03 p.m. and
returned at 9:06 p.m.)
10.C. Introduction and First Reading of an Ordinance Amending the
Text of the Zoning Ordinance to Establish an Outdoor Space Program
to Allow Outdoor Commercial Activity on Privately-Owned Property
and Other Minor Amendments Related to Emergency Response and
Economic Recovery, Including Extension of Certain Permit
Timeframes; Adoption of Resolution No. 11509 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING A FEE FOR ZONING CONFORMANCE
REVIEW OF OUTDOOR COMMERCIAL USES ON PRIVATE
PROPERTY”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections
15301 (Existing Facilities), 15303 (New Construction or
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Conversion of Small Structures), and 15304 (Minor Alterations to
Land) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Introduce for first reading an ordinance to amend the text of the
Zoning Ordinance to establish an Outdoor Space Program allowing
outdoor commercial activity on privately-owned property and other
minor amendments related to emergency response and economic
recovery, including extension of certain permit timeframes.
3. Adopt a Resolution establishing a fee review of applications subject
to the Outdoor Space Program.
Questions asked and answered of staff including do restaurants have to
apply for an additional liquor license for the outdoor portion even if they
are already licensed; are businesses paying a percentage of sales as well as
for the additional square footage; are restaurants at the Pier using additional
space in the back; can the indoor portion remain open while the outdoor
portion is closed; is staff going door to door to provide outreach about the
program; is Economic Development providing one on one technical
assistance with the application process; is there a fee waiver program; have
all personal guarantees been eliminated; can CUPs for those businesses
permitted to serve alcohol be grandfathered in for spaces that closed during
the pandemic; is there a time of day when the noise ordinance takes effect;
does this ordinance prohibit outdoor amplified sound; will staff keep track
of what actions they take in regard to administrative regulations and not
make them too cumbersome; how late will the Pier be open during the
summer; has it been considered to allow exceptions on amplified sound
limitations for special events such as the Super Bowl; are there businesses
interested in using under utilized parking lots as part of their business
operation; are businesses beyond the 15 foot setback being grandfathered;
and what is the wastewater payment structure.
Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof and to adopt a resolution establishing a fee
review of applications subject to the Outdoor Space Program. 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 Mayor Pro Tem Negrete, seconded by Councilmember de la
Torre, to direct staff to further explore the consideration of allowing other
utilizations for underutilized privately owned lots that are not connected to
other brick and mortar businesses. The motion was approved by
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unanimous voice vote with all members present.
STAFF
ADMINISTRATIVE
ITEMS:
BOARDS AND
COMMISSIONS
11.A. Adoption of Resolution No. 11510 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING POLICIES FOR CITY BOARDS,
COMMISSIONS, COMMITTEES, TASK FORCES, AND REGIONAL
ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER
11396 (CCS)”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution amending the Policies for City Boards,
Commissions, Committees, Task Forces, and Regional Advisory
Boards, and repealing Resolution No. 11396 (CCS) and
2. Consider an attendance policy regarding board/commission
members attending meetings via teleconferencing rules under the
Brown Act.
Questions asked and answered of staff included why is the attendance
policy from AB 2449 being proposed when the City doesn’t have the
resources to implement the legislation as intended; what is the current
onboarding process; have videos on demand been considered as a way to
provide onboarding training; when can hybrid meetings be implemented;
does Section 3 of the resolution apply to members of independently elected
boards; what is the cost for implementing hybrid meetings and are there
grants available; diversity outreach strategy; and when will the annual
demographic report be completed.
Considerable discussion ensued on topics including, but not limited to an
explanation of the memo issued by the City Attorney regarding if the City
is required to provide reasonable accommodations to enable board and
commission members to attend meetings; creating videos on demand for
the board and commission onboarding process; the intent and language of
Section 3 of the resolution; outreach for new members; and diversity
training for board and commission members.
A substitute motion was made by Councilmember de la Torre and seconded
by Councilmember Brock to not allow an elected official to serve on a Santa
Monica City Council appointed board. The motion failed by a vote of 3-4
with Councilmembers Parra, Brock, and de la Torre voting in the affirmative
and Councilmembers Zwick and Torosis, Mayor Pro Tem Negrete and
Mayor Davis voting against the motion.
Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to adopt the
staff recommendation, with the exception of the attendance policy, and
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clarifying that Section 3 shall state that no person shall serve on more than
one Santa Monica City Council appointed board. The motion was approved
by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
PUBLIC HEARINGS:
SUSTAINABLE CITY
PLAN
(Councilmember de la Torre
left the dais at 10:34 p.m. and
returned at 10:38 p.m.)
(Parra left the dais at 10:57
p.m. and returned at 10:59
p.m.)
12.A. Sustainable City Plan Update, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment and accept the
proposed 2022 Sustainability Rights Report pursuant to Santa Monica
Municipal Code (SMMC) Chapter 12.02 Sustainability Rights.
2. Adopt an updated Sustainable City Plan with indicators and targets
for 2030 and add an Equity and Inclusion Guiding Principle (Attachment
A).
3. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) and Section 15308
(Actions for Protection of the Environment) of the California
Environmental Quality Act (CEQA) Guidelines.
Members of the public Jerry Rubin and Denise Barton, spoke to the
recommended action.
Questions asked and answered of staff included where are the indicators
that determine outcomes the City is trying to achieve; was the drop in
emissions due to the lack of traffic resulting from the COVID-19
pandemic; why are certain indicators represented in percentages rather than
raw numbers and how is it helpful; why are there no targets for certain
metrics; is the loss of trees on private property due to new construction and
redevelopment; can a tree replacement policy be developed for every tree
removed; what is the City proposing in regard to the existing building
electrification roadmap and what does the roadmap look like, what
buildings are affected; what stage is the plan in; how will it align with state
requirements; will subsidies be available for residents to convert from
natural gas to electric; what can be done to spur the growth of an urban
forest in the City; what are the actions and policies that the City should
focus on to achieve equity and racial justice in regards to sustainability; and
what prevented reaching the walkability goal of living within a quarter mile
of a grocery store.
Considerable discussion ensued on topics including, but not limited to a
pilot program for transitioning from gas to electric; leveraging student
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clubs at Santa Monica High School to educate and engage youth; making
better efforts to increase green jobs; creating a dashboard to identify top
metrics and outcomes; programs for small businesses; not using the
pandemic as a baseline of progress; having a list of sustainability metrics in
various City policies to demonstrate how the sustainability plan is being
brought forward; the effect of development in R-1 neighborhoods on the
tree canopy; grants to decrease traffic deaths; and infrastructure grants to
decrease the negative health effects of wildfires.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete,
to adopt the staff recommendation. 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
RESOLUTIONS:
CONCEALED CARRY
FEES
14.A. Adoption of Resolution No. 11511 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING A CONCEALED CARRY
WEAPON PERMIT FEE”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution establishing certain concealed carry
weapon license fees for new applications, renewal applications, and
amended licenses, setting maximum and current fees, and
authorizing the charging of higher fees if State law changes.
(Attachment A)
2. 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.
Questions asked and answered of staff included is it legally binding that the
good cause provision be discontinued; what type of psychological
evaluation is required with the renewal fee; is the number of residents that
have a CCW license known; when can a carrier of a CCW license use and
not use their weapon; have there been any incidents in Santa Monica; will
background and psychological checks include calls and proclivities to
domestic violence; does the City have control over where CCW carriers can
bring their weapons; what is the proposed fee the City is proposing; is there
any authority to charge a higher fee.
Considerable discussion ensued on topics including, but not limited to is it
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legally binding to drop the clause; what kind of psychological evaluation is
involved with the renewal process; do we know how many licenses are in
Santa Monica; when is it legal or illegal to reveal a weapon; has anyone in
the City of Santa Monica been involved with pulling out their concealed
weapon; would contact with law enforcement be included in the review
process pertaining to domestic violence; would proclivity be involved in a
domestic violence situation as part of the psychological exam; can the City
limit where a CCW be carried; and does the City have any authority to
charge a higher fee.
Motion by Mayor Davis, seconded by Councilmember Brock, to adopt the
staff recommendation. 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
COUNCILMEMBER
DISCUSSION ITEMS:
LEAFBLOWERS
16.A. Request of Councilmembers Zwick and Brock to ask the City
Attorney and City Manager to return to City Council with
amendments and updates to the Municipal Code to prohibit gasoline
powered leaf blowers, allowing for electric leaf blowers and enhancing
enforcement of the prohibition on gas powered leaf blowers. Also,
request the City Manager to return with potential funding sources to
incentivize conversion to electric leaf blowers. A draft ordinance
amendment is attached, was presented.
Motion by Councilmember Zwick, seconded by Councilmember Brock, to
adopt the recommendation. The motion was approved by voice vote with
Councilmembers de la Torre, Torosis, Brock, Zwick, and Mayor Pro Tem
Negrete voting in the affirmative and Councilmember Parra and Mayor
Davis voting against the item.
SAMOHI GRAD NITE 16.B. Request of Mayor Davis and Mayor Pro Tem Negrete that the
City Council allocate $10,000 of discretionary funds to Samohi Grad
Nite, a 501(c)3, to enable over 165 low-income students to attend. This
would close the shortfall between previous City funding allocated as
part of the annual budget and the organization’s expenses for June
2023. For over 30 years, Grad Nite has provided a safe, secure venue
for graduating Santa Monica High School seniors to celebrate their
achievements, was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to
adopt the recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
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Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
PRIDE ACTIVITIES 16.C. Request of Mayor Davis and Councilmember Zwick that the
Council allocate $10,000 of its discretionary funds to support Pride
activities this year. Organizers are working with the Pier, Downtown
Santa Monica, Santa Monica Travel and Tourism, and Santa Monica
Place to return Pride activities to the City sometime in June. Current
plans are for a one-day, family-friendly celebration with installations
in Downtown Santa Monica, at the Pier, and Santa Monica Place. Total
budget for the event presently is $30,000-$40,000 and a $10,000
contribution will allow the City to be a sponsor of the event. Other
organizations are contributing similar amounts as part of their
sponsorship, was presented.
Motion by Councilmember Zwick, seconded by Mayor Pro Tem Negrete, to
adopt the recommendation. 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
SANTA MONICA
ANIMAL SHELTER
FOUNDATION
16.D. Request of Mayor Davis and Councilmember Torosis that the
City Council allot $10,000 of its discretionary funds to the Santa
Monica Animal Shelter Foundation. The funds will be used to help
create a proper turfed play area for dogs at the Santa Monica Animal
Shelter. The shelter needs a proper area where dogs can play and
exercise and interact with potential adopters and shelter volunteers.
Currently, the play area is all dirt which makes it unusable and
unpleasant much of the time and it has repeatedly flooded in recent
rains. Creating a properly turfed area will greatly benefit shelter dogs’
wellbeing while waiting for their forever home. The estimated total
cost of the project is $30,000 and the Foundation plans to seek private
donations for the additional monies needed to complete the project,
was presented.
Motion by Mayor Davis, seconded by Councilmember Torosis, to adopt the
recommendation. 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
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MONTANA AVENUE
MERCHANTS
ASSOCIATION ART
WALK
16.E. Request of Mayor Davis and Mayor Pro Tem Negrete that the
City Council allocate up to $10,000 of their Discretionary Funds to the
Montana Avenue Merchants Association, a 501 (c) (3) for their annual
Art Walk that is planned for September 30, 2023. The Art Walk is a
one-day outdoor art festival that takes place along the Montana Ave.
business corridor, from 6th - 17th Streets. The event includes
performance artists, live music, and interactive art activities for
children and adults. Art Walk has been an annual event for the past
10 years and has become one of Montana Avenue’s signature events.
The funding will be used to offset costs related to supporting an
enhanced and expanded event including the costs associated with
potentially closing portions of Montana Avenue, was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis,
to adopt the recommendation. 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
1318-1320 4TH STREET 16.F. Request of Councilmember de la Torre and Mayor Pro Tem
Negrete to determine the costs to improve the vacant lot at 1318-1320
4th Street to allow for sustained parking and other uses until
development of the affordable housing project designated for the
property commences, was withdrawn.
ARCHITECTURAL
REVIEW BOARD
16.G. Appointment to one unscheduled vacancy on the Architectural
Review Board for a term ending on June 30, 2023, was presented.
On order of the Mayor, the floor was opened for nominations.
Edward Scott was voted by acclamation – unanimous vote in their favor.
DISABILITIES
COMMISSION
16.H. Recommendation to accept Evan Nicholas' resignation from the
Disabilities Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Mayor Davis, seconded by Councilmember Negrete, to accept the
resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:58 a.m. in
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memory of Jerry Manpearl and Peter Provenzale.
ATTEST: APPROVED:
Nikima S. Newsome Gleam Davis
Assistant City Clerk Mayor
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