m20230425
1 April 25, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 25, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on
Tuesday, April 25, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:34 p.m.)
Councilmember Jesse Zwick
Absent: Mayor Pro Tem Lana Negrete
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 5:32 p.m., with all
members present except Mayor Pro Tem Negrete and Councilmember
Torosis. City Clerk Denise Anderson-Warren led the assemblage in the
Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Councilmember Torosis
arrived at 5:34 p.m.
Members of the public Jerry Rubin, Cris Gutierrez, Beatrice Felix, Erik
Klinger, Randy Ziglar, Johnathan Foster, and Denise Barton 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 comment on closed session
items.
Member of the public Denise Barton commented on special agenda items.
Member of the public Johnathan Foster commented on consent calendar
items.
AGENDA
MANAGEMENT
Motion by Councilmember Torosis, seconded by Councilmember Brock, to
continue the appointment, Item 16.A. to the May 9th meeting. The motion
was unanimously approved by voice vote, with all members present, except
Mayor Pro Tem Negrete.
REPORT ON MEETING Pursuant to State law, City Clerk Denise Anderson-Warren announced that
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COMPENSATION Council will receive $50 compensation for meeting as the Housing
Authority during Closed Sessions.
CLOSED SESSIONS
Councilmember de la Torre
excused at 6:05 p.m.
On order of the Mayor, the City Council recessed at 5:56 p.m., to consider
closed sessions and returned at 8:03 p.m., with all members present except
Mayor Pro Tem Negrete, to report the following:
3.A. Conference with Real Estate Negotiator pursuant to
Government Code Section 54956.8: Properties: Santa Monica Place
Parking Structures 7 and 8, Downtown Santa Monica California; City
Negotiator: Melissa Spagnuolo, Community Partnership Manager;
Owner of Record: City of Santa Monica; Persons to be negotiated
with: Julia Ladd, Jon Stoeckly, Macerich; Under negotiation: Price
and Terms of Payment for Billboard License on Parking
The City Attorney advised this matter was heard with no reportable action
taken.
3.B. Conferences with Legal Counsel - Existing Litigation - Gov.
Code Section 54956.9(d)(1):
Joseph Hollins v. Santa Monica Police Activities League, et al., LASC
Case No. 21STCV24491; John Doe (DC) v. Santa Monica PAL, et al.,
LASC Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL,
et al., LASC Case No. 22STCV17022; John Doe (FM) v. Santa Monica
PAL, et al., LASC Case No. 22SMCV02617; John Doe (SM) v. Santa
Monica PAL, et al., LASC Case No. 22SMCV02586; John Doe (JA) v.
Santa Monica PAL, et al., LASC Case No. 22SMCV02615; John Doe
#1-#4 v. Does 1-50, LASC Case No. 21STCV34537; John Doe #5 and
John Doe #6 v. Does 1-50, LASC Case No. 22STCV08765; John Doe #7
et al. v. City of Santa Monica, et al., LASC Case No. 22STCV35685;
John Doe 142 v. Doe 1, et al., LASC Case No. 22SMCV02483; John
Doe #12 v. Santa Monica Police Activities League, et al., LASC Case
No. 22SMCV01804; John VMA Doe, et al. v. City of Santa Monica, et
al., LASC Case No. 22STCV30598; John Doe #1 (J.M.), John Doe #2
(A.M.), and John Doe #3 (H.U.) v. City of Santa Monica, et al., LASC
Case No. 22SMCV02926; Jose Villaseñor v. Doe 1, et al., LASC Case
No. 22STCV17835; John Doe #1, et al. v. Roe #1, et al., LASC Case No.
22STCV03113; John Doe #4 v. Santa Monica Police Activities League,
et al., LASC Case No. 22SMCV01081; John Doe #5 (R.A.), et al. v. Roe
#1, et al., LASC Case No. 22SMCV02729; John Doe #8 (C.S.) v. Roe
#1, et al., LASC Case No. 22SMCV02783; John Doe #9 (P.G.) v. Roe
#1, et al., LASC Case No. 22SMCV02754; Melissa Campos, a successor
in interest to decedent John Doe J.L., et al. v. Santa Monica Police
Activities League, et al., LASC Case No. 22SMCV02976; John T.A.U.
Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV19401; John A.Y.U.
Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV38169; John FM
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Doe, et al. v. Roe #1, et al., LASC Case No. 22SMCV02054; John MB
Doe, et al. v. City of Santa Monica, et al., LASC Case No.
22SMCV02049; John JS Doe v. Roe #1, et al., LASC Case No.
22SMCV02279; John GG Doe v. Roe #1, et al., LASC Case No.
22SMCV02961; John R. Doe v. Roe #1, et al., LASC Case No.
22SMCV02472; John B. Doe v. Roe #1, et al., LASC Case No.
22SMCV02878; Jane J. Doe v. Roe #1, et al., LASC Case No.
22SMCV02879; John M. Doe v. Roe #1, et al., LASC Case No.
22SMCV02899; John T. Doe v. Roe #1, et al., LASC Case No.
22SMCV02923; John W. Doe v. Roe #1, et al., LASC Case No.
22SMCV02940; John D. Doe v. Roe #1, et al., LASC Case No.
22SMCV02904; John C. Doe v. Roe #1, et al., LASC Case No.
22SMCV02909; John G. Doe v. Roe #1, et al., LASC Case No.
22SMCV02928; John J. Doe v. Roe #1, et al., LASC Case No.
22SMCV02914; John W. Doe # 2 v. Roe #1, et al., LASC Case No.
22SMCV02931; John H. Doe v. Roe #1, et al., LASC Case No.
22SMCV02959; John B. Doe #2 v. Roe #1, et al., LASC Case No.
22SMCV02962; John M. Doe #2 v. Roe #1, et al., LASC Case No.
23SMCV00134; John Doe #1 v. Doe 1, et al., LASC Case No.
22SMCV02945; John Doe #2 v. Doe 1, et al., LASC Case No.
22SMCV02933; John Doe #3 v. Doe 1, et al., LASC Case No.
22SMCV02946; Eric Delance Moore v. John Doe City, et al., LASC
Case No. 22SMCV02913; Jerod Hubbard v. John Doe, et al., LASC
Case No. 22SMCV02906; John CL Doe, et al. v. Roe #1, et al., LASC
Case No. 22SMCV02935; Joey Rene Leyba III v. City of Santa Monica,
et al., LASC Case No. 22SMCV02929
Councilmember de la Torre recused himself from this item in order to
avoid any potential conflict of interest.
The City Attorney reported out a proposed settlement agreement with the
plantiffs listed for a total of $122.5 million, with the initial payment of $70
million in 10 days, and the balance by June 30, 2023. He reported that this
concludes all lawsuits with respect to the Uller matter. Empathy and
patience to the plantiffs was expressed.
Motion by Councilmember Brock, seconded by Councilmember Zwick, to
approve Settlement Agreement No. 11380 (CCS) in the amount of a total of
122.5 million dollars with the initial payment of $70 million dollars within
10 days and the balance by June 30, 2023. The motion was approved by
the following vote:
AYES: Councilmembers Torosis, Brock, Parra, Zwick, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre, Mayor Pro Tem Negrete
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Councilmember de la Torre
returned at 6:30 p.m.
3.C. Conferences with Legal Counsel - Existing Litigation - Gov.
Code Section 54956.9(d)(1): City of Santa Monica v. Insurance
Company of the State of Pennsylvania, et al., Orange County Superior
Court, Case No. 30-2022-01261243.
Councilmember de la Torre recused himself from this item in order to
avoid any potential conflict of interest.
The City Attorney advised this matter was heard with no reportable action
taken.
3.D. Conferences with Legal Counsel - Existing Litigation - Gov.
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.E. Conferences with Legal Counsel - Existing Litigation - Gov.
Code Section 54956.9(d)(1):
NMS 1539, LLC, et al. v. City of Santa Monica, et al.; CD Calif. Case
No. 2:20-cv-11318-FLA(JPRx)
The City Attorney advised this matter was heard with no reportable action
taken.
3.F. Conferences with Legal Counsel - Existing Litigation - Gov.
Code Section 54956.9(d)(1):
Jennifer Howard; Amanda Pawlowski v. City of Santa Monica; LASC
Case No. 20STCV34094
The City Attorney advised this matter was heard with no reportable action
taken.
3.G. Conference with Legal Counsel - Anticipated Litigation - Gov.
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.
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
HOUSING AUTHORITY
On order of the Chair, the Housing Authority convened to a joint meeting
with the City Council at 5:53 p.m., with Housing Authority Board member
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Cochran present.
3.H. Conferences with Legal Counsel - Existing Litigation - Gov.
Code Section 54956.9(d)(1): 1144 12th Street, LP v. City of Santa
Monica, LASC Case No. 22STCP03496
The City Attorney advised this matter was heard with no reportable action
taken.
The City Attorney reported out two matters from the April 11, 2023,
meeting that settled:
Conference with Legal Counsel – Existing Litigation – Government
Code Section 54956.9(d)(1): Zachary Thomas Hoevet v. City of Santa
Monica; LASC Case No. 21STCV30547
The City Attorney reported approval of Settlement No. 11389 (CCS) in the
amount of $122,500. The motion was approved by a 6-0 vote, with
Councilmember Parra absent.
Conference with Legal Counsel – Existing Litigation – Government
Code Section 54956.9(d)(1): Mavis Soloway v. City of Santa Monica, et
al.; LASC Case No. 20STCV47478
The City Attorney reported approval of Settlement No. 11390 (CCS) in the
amount of $800,000. The motion was approved by a 6-0 vote, with
Councilmember Parra absent.
On order of the Chair, the special Housing Authority meeting was
adjourned at 8:03 p.m.
ADJOURNMENT OF SPECIAL JOINT MEETING
PROCLAMATIONS/
COMMENDATIONS
4.A. 2023 City Clerk Week Proclamation, was presented.
SPECIAL AGENDA
ITEMS:
4.B. City Manager's Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember de la Torre reported that he participated in the Westside
Cities Council of Governments, working on homelessness issues on a
regional level.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
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At the request of Councilmember de la Torre, Item 5.E was removed from
the Consent Calendar.
Motion by Councilmember Brock, seconded by Councilmember Torosis, to
approve the Consent Calendar except for Item 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 Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
AIRPORT
COMMERCIAL REAL
ESTATE SERVICES
5.A. Award RFP to Aeroplex Group Partners, LLC for Airport
Commercial Real Estate Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #340 to Aeroplex Group Partners, LLC., a California-
based corporation, to provide commercial real estate brokerage,
aviation property management and related consulting services to the
Santa Monica Airport;
2. Authorize the City Manager to negotiate and execute Agreement No.
11381 (CCS) with Aeroplex Group Partners, LLC. in an amount not
to exceed $1,453,183 for three years, with two additional one-year
renewal options of $483,987 for renewal option Year One and
$468,922 for renewal option Year Two, for a total amount not to
exceed $2,406,092 (including a 10% contingency), with future year
funding contingent on Council budget approval; and
3. 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.
VEHICLE
REPLACEMENT
5.B. Authorization of Purchase Orders with National Auto Fleet
Group and Los Angeles Truck Centers for Vehicle Replacement
Purchases for Various Divisions, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section
15302 (Replacement or Reconstruction) of the California
Environmental Quality Act (CEQA) guidelines.
2. Authorize the Procurement Manager to issue a purchase order with
National Auto Fleet Group for the purchase of forty-one Ford
sedans, sports utility vehicles, vans, and trucks for the Police, Fire,
Public Works, and Library Departments. This recommended award
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is made as an exception to the competitive bidding process pursuant
to Section 2.24.250 (c) and is for a total amount not to exceed
$3,181,078.
3. Authorize the Procurement Manager to issue a purchase order with
Los Angeles Truck Centers for the purchase of twelve side loader
trucks, one rear loader and three front loader trucks for the Public
Works Department. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.250 (c) and is for a total amount not to exceed $7,837,992.
PUBLIC WORKS
DEPARTMENT
MATERIALS
5.C. Authorization of Purchase Orders with Sully Miller
Contracting Company and Vulcan Construction Materials for Asphalt
Paving Materials, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section
15301 (Existing Facilities), of the California Environmental Quality
Act (CEQA) Guidelines.
2. Award Bid #2685-3 to Sully Miller Contracting Company (Sully
Miller), a California-based company, as the primary vendor, and
Vulcan Construction Materials (Vulcan), an Alabama-based
company, as the secondary vendor for the purchase of asphalt
paving materials for the Public Works Department.
3. Authorize the Procurement Manager to issue a purchase order with
Sully Miller for asphalt paving materials in the amount not to
exceed $200,000 for one year, with four additional one-year
renewal option(s) to extend at mutually agreeable price adjustment
for a total amount not to exceed $1,000,000 with future year
funding contingent on Council budget approval.
4. Authorize the Procurement Manager to issue a purchase order with
Vulcan for asphalt paving materials in the amount not to exceed
$50,000 for one year, with four additional one-year renewal
option(s) to extend at mutually agreeable price adjustment for a
total amount not to exceed $250,000, with future year funding
contingent on Council budget approval.
LEASE APPROVAL 5.D. Approval of Airport Lease No. 11382 (CCS) with Ruskin Group
Theatre Company, was approved.
Recommended Action
Staff recommends that Council:
1. Authorize the City Manager to negotiate and execute a Lease with
Ruskin Group Theatre Company (Ruskin) for live theater and
educational uses located at 2800 Airport Avenue, reflecting the
general terms and conditions below: and
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2. Adopt a finding of Categorical Exemption pursuant to Section
15301 (Existing Facilities), of the California Environmental Quality
Act (CEQA) Guidelines.
AIRPORT LEASES 5.F. Approval of Airport Restaurant Lease No. 11383 (CCS) with
Clover Restaurants, Inc. and First Modification to Agreement CCS#
10713 with Corporate Realty Group, was approved.
Recommended Action
Staff recommends that Council:
1. Authorize the City Manager to negotiate and execute a Lease with
Clover Restaurants, Inc. (Clover) for restaurant, outdoor patio and
parking space, located at 3200 Airport Avenue, and reflecting the
general terms and conditions below;
2. Authorize the City Manager to negotiate and execute the first
modification to professional services agreement No. 10713 (CCS)
in the amount of $107,377 with Corporate Realty Group (“CRG”), a
California-based corporation, to provide additional commercial real
estate broker and consulting services for the Santa Monica Airport
and extend the term of the agreement. This will result in an
amended agreement expiring on December 31, 2024, for a total
agreement term of 6 years and 4 months, with a new total amount
not to exceed $1,252,416 with future year funding contingent on
Council budget approval; and
3. Adopt a finding of Categorical Exemption pursuant to Section
15301 (Existing Facilities), of the California Environmental Quality
Act (CEQA) Guidelines.
PUBLIC WORKS
SOFTWARE
5.G. Approval of First Modification to Contract No. 11384 (CCS)
with Nobel Systems, Inc. for Software Licensing and Maintenance of
GeoViewer, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effects 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 first
modification to Software License and Maintenance Agreement
#2810 in the amount of $120,000 with Nobel Systems, Inc. for
software licensing and maintenance of GeoViewer, a turn-key
mobile GIS-based electronic underground service alert ticket
tracking system for the Public Works Department. This will result
in a fourteen-year amended agreement with a new total amount not
to exceed $314,000 with future year funding contingent on Council
budget approval.
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PURCHASE ORDER 5.H. Award Purchase Order to Xylem Water Solutions USA, Inc for
Purchase of Two (2) Flygt Pumps, was approved.
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15302
(Replacement or Reconstruction) of the California Environmental
Quality Act (CEQA) Guidelines.
2. Authorize the Procurement Manager to issue a purchase order with
Xylem Water Solutions USA, Inc for the purchase of two (2) Flygt
pumps for the Public Works Department. This recommended award
is made as an exception to the competitive bidding process pursuant
to Section 2.24.250(b) and is for a total amount not to exceed
$300,000 with future year funding contingent on Council budget
approval.
BIG BLUE BUS 5.I. Award Bid to CG, Inc. for Detail Repairs of Transit Bus Body
Components, 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. Award Bid #4447 to CG Inc. for detail repairs of transit bus body
components for the Santa Monica Department of Transportation;
and,
3. Authorize the City Manager to negotiate and execute Agreement
No. 11385 (CCS) with CG Inc., in an amount not to exceed
$4,003,938, including a 10% contingency and a 3% cost escalator,
over a five-year period with future year funding contingent on
Council budget approval.
BUS STOP SHELTERS 5.J. Award Bid to Ultimate Maintenance Services Corporation for
Cleaning of Bus Stop Shelters for the Santa Monica Department of
Transportation, 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. Award Bid #4441 to Ultimate Maintenance Services Corporation
for cleaning of bus stop shelters for the Santa Monica Department
of Transportation; and,
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3. Authorize the City Manager to negotiate and execute Agreement
No. 11386 (CCS) with Ultimate Maintenance Services Corporation,
in an amount not to exceed $1,318,450 including a $119,859
contingency, over a five-year period with future year funding
contingent on Council budget approval.
MINUTES 5.K. Minutes of City Council - Special Meeting - March 11, 2023,
were approved.
WATER MONITORING
PLANS
5.E. Authorization to enter into Cost-Sharing Agreement Nos. 11387
(CCS) and 11388 (CCS) with the City of Los Angeles for Santa Monica
Bay and Ballona Creek, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section
15307 and Section 15308 of the California Environmental Quality
Act (CEQA) Guidelines
2. Authorize the City Manager to negotiate and execute two
Memoranda of Agreements (MOA) with the City of Los Angeles to
implement cost-sharing Coordinated Integrated Monitoring Plans
(CIMPs) to comply with the Los Angeles Regional Water Quality
Control Board's National Pollution Discharge Elimination Systems
(NPDES) permit requirements. One MOA is for the Santa Monica
Bay and the second MOA is for Ballona Creek.
This item was pulled by Councilmember de la Torre to ask questions of
staff.
Questions asked and answered of staff included: is this mostly dealing with
monitoring, and are we just paying our fair share and the City of Los
Angeles is in total control of how the money goes towards the monitoring;
what type of authority does Santa Monica have in terms of the Ballona
wetlands; is there an oversight board, and how can Santa Monica weigh in
on the management of the Ballona wetlands; and, is there a way Santa
Monica can be advocates to keep the fresh water there and keep the salt
water beyond the salt marsh separate from the fresh water area as it has
been for years.
Motion by Councilmember de la Torre, seconded by Councilmember
Brock, to approve the staff recommendation.
The motion was approved by the following vote:
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AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Michael Soloff, Hannah Wenger, Denise Barton,
Denise Neil, Dan Hall (time donated by Ericka Lesley), Jason Brown,
Kevin Shenkman, Sam Shenkman, Susan Sheu, Sue Himmelrich, Zac
Gaidzik, Tim Defuria, Ellis Raskin, Jason Mastbaum, Billet Wolf (time
donated by Ang D) commented on Item 10.A.
Member of the public Denise Neil commented on Item 10.C.
ORDINANCES:
GENDER NEUTRAL
PUBLIC RESTROOM
10.A. Introduction and First Reading of an Ordinance amending
SMMC Chapter 8.110 adding Gender Neutral Public Restroom Access,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading the attached proposed ordinance to add
Chapter 8.110 (Gender Neutral Public Restroom Access) to the
Santa Monica Municipal Code.
Questions asked and answered of staff included: what type of occupancy
would be required using the design examples included; how can it be more
equitable by allowing the replacement of urinals for toilets, and how are
those numbers determined; are we defeating our water goals by requiring
more toilets than urinals, since toilets use more water; what’s it going to
cost to have water closet toilets and would each water closet require it’s
own fire sprinkler and drain; how would AB 521 (women’s privacy bill)
impact these changes; why would Santa Monica jump the gun to approve
these changes, if the state building codes haven’t been updated yet; have
there been any reported issues from businesses who have already converted
the restrooms to non-gender; is there a way to require family restrooms to
be included in any new build; is it correct that these new regulations would
only be required for new construction; would it be left up to the developers
designers to come up with the appropriate design; would there be a
requirement to have doors go all the way to the ceiling; was there any
conversation with the City of West Hollywood who have already
incorporated these standards to see if there have been any issues; since
there are already gender neutral restrooms in restaurants and business
throughout the city, is it true that this only creates regulations to make sure
that the guidelines are enforced; and, has there been any thought or
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consideration about how technology or maintenance could keep the
restrooms cleaned just for city facilities.
Considerable discussion ensued on topics including, but not limited to:
concerned and bothered by some of the homophobic comments received
from members of the public; there are a lot of reasons to approve this
ordinance as bathroom access is important to more than the trans
community; gender neutral restrooms are more safe than same sex
restrooms; appreciate community members who reached out to have a
discussion to educate about this matter; there needs to be more discussion
amongst the community as this work progresses; this is a teachable moment
for the community as change is difficult to adjust; it’s a good thing to move
forward with more accessible bathrooms for everyone; this is a civil rights
issue about allowing access to everyone; words have meaning, and we need
to listen before we speak words that hurt; Santa Monica has priorities, but
the words aren’t the only thing that count, it’s the actions that count; and,
all small businesses in Santa Monica should eliminate the male and female
signage and just create all-gender restrooms instead.
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to introduce and hold first reading of the ordinance reading by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
THIRD STREET
PROMENADE
10.B. Introduction and First Reading of an Interim Zoning
Ordinance Extending Interim Zoning Regulations Adopted by Interim
Zoning Ordinance 2738 (CCS) to Eliminate the Prohibition of Certain
Restaurants with Frontage on the Third Street Promenade, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an Interim Zoning Ordinance extending
interim zoning regulations adopted by Interim Zoning Ordinance
2738 (CCS) eliminating the prohibition of certain restaurants with
frontage on the Third Street Promenade.
Motion by Councilmember Brock, seconded by Mayor Davis, to introduce
and hold first reading of the ordinance reading by title only and waiving
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further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
OPEN STREET
COMMUNITY EVENTS
10.C. Introduction and Adoption of Urgency Ordinance No. 2744
(CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE CHAPTER 4.68 TO ALLOW FOR
“OPEN STREET” COMMUNITY EVENTS TO PROMOTE PUBLIC
SAFETY AND WELFARE”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to CEQA
Guidelines Section 15304 (minor alterations to land)
2. Introduce and adopt the urgency ordinance amending Chapter 4.68
to allow for “Open Street” Community Events to promote public
safety and welfare, and associated changes.
Questions asked and answered of staff included: how are block parties
different from the larger events and what are the different requirements
between the two types of events; how many block parties are there in the
city per year; did staff look at other cities to see how they conduct block
party application processes; what is entailed in the traffic control plan, and
is it easy for a resident to complete; is there a mechanism that would allow
raising the number of events allowed without having to amend the
ordinance; what does it mean regarding the fees depends on the amount of
services city has to provide related to the event; how can we make sure that
we aren’t detouring events from coming to the city with an enormous
amount of fees; would granting a waiver be left to the consideration of the
department head; does this only apply to multi-family block parties, or does
it also apply to single-family block parties; can there be a clean-up on the
applications, because it is confusing with the timelines and the various fees;
has there always been a charge for the barricades; do you have to use
barricades or can residents use cars instead; is there some way that the 51%
requirement is good for a multi-year, instead of requiring the signatures
every year; how specific does the mapping of events need to be or is it
general; if changes are made, can this ordinance still be passed; for the fee
waivers, does that also apply to the block parties or is that just for the
events; and, if the number is being reduced for multi-family, shouldn’t it
also apply to the R1 district.
Considerable discussion ensued on topics including, but not limited to:
stakeholder engagement, difficulty in obtaining 51% of the affected
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residents’ signatures for Open Streets; increasing foot traffic and economic
recovery; and, lowering the threshold for block parties in multi-family
neighborhoods.
Motion by Councilmember Torosis, seconded by Councilmember Brock, to
introduce and adopt at first reading of the ordinance reading by title only
and waiving further reading thereof.
Councilmember Zwick proposed a friendly amendment to require block
party organizers to obtain either 51% approval from the block residents or
written approval. The amendment was considered friendly by the maker
and seconder.
Councilmember Zwick proposed a friendly amendment to lower the
threshold for block parties from 51% to 25% in multi-family
neighborhoods. The amendment was considered friendly by the maker but
not considered friendly by the seconder.
Substitute motion by Councilmember Zwick, seconded by Councilmember
Torosis to introduce and adopt at first reading of the ordinance with the
following amendments: allowing an Open Streets event with 51% of the
affected businesses and/or residents or with the permission of the affected
BID; in zones other than R1, lower the required signature threshold to 25%
for block parties; and, increasing the street closure notice from 3 days to 5
days to all affected residents and businesses.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre Torosis, Parra, Zwick,
Mayor Davis
NOES: Councilmember Brock
ABSENT: Mayor Pro Tem Negrete
CONTINUE MEETING Motion by Councilmember Brock, seconded by Councilmember Torosis to
continue past 11 p.m. The motion was unanimously approved by voice
vote, with Mayor Pro Tem Negrete absent.
RESOLUTIONS:
SURPLUS PROPERTIES
14.A. Adoption of Resolution No. 11522 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, CALIFORNIA, DECLARING PURSUANT TO
THE SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY
OWNED BY THE CITY LOCATED AT 1444 7TH STREET, 1654
19TH STREET AND EXPO KISS & RIDE LOT PARCELS (4290-
011-901 and 4290-011-902) IS SURPLUS LAND NOT NECESSARY
FOR THE CITY’S USE; FINDING THAT SUCH DECLARATION IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
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CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING
RELATED ACTIONS”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Declare the City-owned properties located at 1444 7th Street
(“Former Fire Station 1” - APN 4291-020-900), 1654 19th Street
((“City TV” - APN 4290-026-009) and two remnant parcels
associated with the Expo Lot (APNs 4290-011-901 and 4290-011-
902) as “surplus land” in accordance with the State of California’s
Surplus Land Act (“SLA”);
2. Adopt a Resolution declaring the City-owned properties at 1444 7th
Street (APN 4291-020-900), 1654 19th Street (APN 4290-026-009)
and Expo Lot Parcels (4290-011-901 and 4290-011-902) as surplus
lands, and authorize the City Manager or designee to take
implementing actions necessary to comply with the SLA; and,
3. 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.
Questions asked and answered of staff included: is there any status on
interest for any of the other surplus properties previously approved and,
how was it determined that the CityTV property should be added to this
list, considering how much time and effort was put into redoing that
property.
Motion by Councilmember Brock, seconded by Councilmember Parra, to
adopt the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
COUNCILMEMBER
DISCUSSION ITEMS:
DISABILITIES
COMMISSION
16.A. Appointment to one unscheduled vacancy on the Disabilities
Commission for a term ending on June 30, 2025, was continued to May
9th meeting.
LIBRARY BOARD 16.B. Recommendation to accept Abby Arnold's resignation from the
Library Board and authorize the City Clerk to publish the vacancy,
was presented.
Motion by Mayor Davis, seconded by Councilmember Torosis, to accept the
resignation with regret.
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The motion was approved unanimously by voice vote, with all members
present except Mayor Pro Tem Negrete.
ANNUAL 4TH OF JULY
PARADE
16.C. Request of Mayor Davis and Mayor Pro Tem Negrete that the
Council allocate $15,000 of Council Discretionary Funds to the Ocean
Park Association to help defray the costs of the Annual 4th of July
Parade, was presented.
Motion by Mayor Davis, seconded by Councilmember Brock, to adopt the
recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:11 p.m.
in memory of Rosemary Martinez.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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