Santa Monica — 2025-01-28

A. Introduction and first reading of an ordinance amending Santa Monica Municipal Code Section 3.36\nto establish provisions for the issuance of prohibition orders for the Santa Monica Department of\nTransportation pursuant to Sections 99171 and 99172 of the Public Utilities Code.\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\n2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Section\n3.36 to establish provisions for the issuance of prohibition orders, and to create a\nprohibition order advisory committee to the Santa Monica Department of Transportation,\npursuant to recent amendments to State Law adopted by SB 1417.\na. DOT Prohibition Order Ordinance Amendment 1-28-2025 A\nb. SB 1417

B. Introduction and First Reading of an Ordinance Amending Municipal Code Section 2.32.020\nConcerning Use of the City Seal and Other City Symbols New Item Received 1/23/2025\nRecommended Action\nStaff recommends the City Council introduce for first reading an Ordinance amending Section\n2.32.020 concerning the use of the City Seal and other City symbols.\na. CAO-City Seal Ordinance 1st

C. (THE ITEM HAS BEEN CONTINUED AT THE REQUEST OF STAFF TO FEBRUARY 11, 2025) --\nIntroduction and Adoption of an Emergency Interim Zoning Ordinance Extending Interim Zoning\nRegulations Established by Emergency Interim Zoning Ordinance Number 2796 (CCS) Exempting\nCity Projects From Temporary Use Permit Requirements During a Declared Local or State of\nEmergency New Item Received 1/23/2025\nRecommended Actions\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3)\n(Common Sense Exemption) and 15303 (New Construction and Conversion of Small\nStructures) of the California Environmental Quality Act (CEQA) Guidelines.\n2. Introduce and Adopt an Emergency Interim Zoning Ordinance to Extend Interim Zoning\nRegulations Established by Emergency Interim Zoning Ordinance 2796 (CCS)\nExempting Projects on City-Owned Property and that Use City Funds From Temporary\nUse Permit Requirements During a Declared Local or State of Emergency

A. (THE ITEM HAS BEEN CONTINUED AT THE REQUEST OF STAFF TO FEBRUARY 11, 2025) -- Adoption\nof Amended Safety Element of City’s General Plan; Introduction and First Reading of Ordinances to\nRequire Environmental Site Assessments for Multiple-Unit Dwellings in Nonresidential Zoning\nDistricts and to Designate City Hall East as an Essential Facility for Consistency with the Amended\nSafety Element New Item Received 1/23/2025\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) and a finding of Categorical Exemption pursuant to Section\n15308 of the California Environmental Quality Act (CEQA) Guidelines;\n2. Adopt Resolution to Adopt an Amended Safety Element of the City’s General Plan;\n3. Introduce for First Reading an Ordinance Amending the Text of Section 9.31.195 of the\nZoning Ordinance for Consistency with the Amended Safety Element; and\n4. Introduce for First Reading an Ordinance Amending the Text of Section 8.12.040 of the\nBuilding Code for Consistency with the Amended Safety Element.\na. Safety Element December 2024 Draft (Web Link)\nb. Safety Element December 2024 Draft - Appendix A (Web Link)\nc. Safety Element December 2024 Draft - Appendix B (Web Link)\nd. Safety Element Adoption Resolution\ne. SMMC 9.31.195 Amendment\nf. SMMC 8.12.040 Amendment

A. Adoption of a Resolution Amending the Council Rules of Procedure\nNew Item Received 1/23/2025\nRecommended Action\nAdopt the attached resolution amending the Council Rules of Procedure pursuant to Council\ndirection.\na. CAO-Council Rules Reso

A. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on\nJune 30, 2027. New Item Received 1/23/2025

B. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30,\n2026. New Item Received 1/23/2025

C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for\na term ending on June 30, 2027. New Item Received 1/23/2025

D. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term\nending on June 30, 2026. New Item Received 1/23/2025

E. Appointment to one unscheduled vacancy on the Santa Monica Pier Corporation for a term ending on June 30, 2026. New Item Received 1/23/2025

F. Appointment to one unscheduled vacancy on the Santa Monica Travel and Tourism, Inc. for a term ending on June 30, 2026. New Item Received 1/23/2025

G. Appointment to one unscheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2025. New Item Received 1/23/2025

H. Recommendation to accept Greg Morena's resignation from the Recreation and Parks Commission\nand authorize the City Clerk to publish the vacancy. New Item Received 1/23/2025\na. Resignation Email

I. Designation of voting delegate and alternate for the Los Angeles County Division of CalCities.\nNew Item Received 1/23/2025

J. Request of Councilmembers Hall and Snell for Council to direct the City Attorney to return with an\nordinance codifying resident representation for Council appointees to the governing boards of\nDowntown Santa Monica, Inc., Santa Monica Travel and Tourism, Inc., and the Santa Monica Pier\nCorporation, Inc. New Item Received 1/23/2025\na. 20250128 16 Item - Boards Composition - Hall Snell

K. Request of Councilmembers Hall, Snell, and Mayor Pro Tempore Torosis for Council to direct the City\nAttorney to return with an ordinance that amends Santa Monica Municipal Code Section 4.08.095\nprohibiting certain comfort items for unhoused individuals. New Item Received 1/23/2025\na. 20250128 16 Item - Amending SMMC Prohibitions on Certain Comfort Items for Unhoused\nIndividuals - Hall Snell Torosis

L. Request of Councilmembers Zwick and Hall that the City Council direct the City Manager to work\nwith the Chief of Police to prioritize the deterrence of dangerous driving within Santa Monica that\nposes an immediate threat to the safety of residents. Specifically, the department shall 1) prioritize\na greater number of high-visibility enforcement operations against dangerous driving, 2) provide\ndata reporting to City Council and the public on an ongoing quarterly basis detailing the monthly\ntotal number of Traffic/Vehicle Stops and enforcement actions, including subtotals for each moving\nviolation, as well as a comprehensive breakdown of data and trends in city traffic enforcement from\n2019 through 2024 as part of the department’s annual report to City Council, and 3) develop a\nproposal as part of the 25/26 budget process to restore the department’s traffic enforcement\ncapabilities and outcomes to pre-2020 levels. New Item Received 1/23/2025\ndocume Staff Report Printout

M. Request of Councilmember Hall and Mayor Pro Tempore Torosis, that, in order to accurately capture\nlessons learned during the City’s response to the Palisades Fire and to better prepare for the next\nnatural disaster or emergency crisis, the Council direct the City Manager, City Attorney, and City\nClerk’s Offices to conduct an After Action Review across all City Departments and to return to\nCouncil no later than 12 months from now with a public report, improvement action items, and\nimplementation plan. New Item Received 1/23/2025\na. 20250128 16 Item - After Action Review of City Response to Palisades Fire - Hall Torosis

N. Request of Councilmembers Zwick, Zernitskaya, and Hall that, in conjunction with necessary updates\narising out of SB 450, and in order to facilitate diverse housing choices in the City’s highest\nopportunity areas, the City Council directs the City Manager and the City Attorney to return with an\nordinance to amend the City’s regulations governing ministerial approval for certain lot splits and\nduplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy\nrequirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as\nlots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof\ndeck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning\ndistrict shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet\neach. One year after implementation, city staff shall return with a report on any impacts of the\nordinance, as amended, including data on net new housing units permitted, effects on displacement\n(if any), concentration of ownership, and other pertinent information to evaluate its success in\naffirmatively furthering fair housing and creating more affordable “missing middle” homes.\nRevised Title. 1/24/2025\ndocume Staff Report Printout

A. Proclamation: Black History Month

B. City Manager Report

A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Stanford Neighbors\nAgainst City Overreach v. City, et al; LASC # 24STCP02065 New Item Received 1/23/2025

B. Conference with real estate negotiator - Gov. Code § 54956.8; property - 1855 Main Street (Civic\nAuditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager,\nand Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; parties\nto be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and\nterms of payment for lease New Item Received 1/23/2025

C. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title:\nCity Manager/Interim City Manager; Gov. Code § 54957.6: conference with labor negotiator; City\nnegotiator: Mayor/Personnel Director; unrepresented employee: City Manager/Interim City Manager\nNew Item Received 1/23/2025

D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Rebecca de la Cruz\nv. City; LASC # 20STCV01487 [report out only] New Item Received 1/23/2025

E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Maria Gonzalez v.\nCity, et al; LASC # 23SMCV01759 [report out only] New Item Received 1/23/2025

F. PUBLIC EMPLOYEE - Government Code Section 54957(b): Consider the evaluation of performance of\na public employee. Title: City Clerk New Item Received 1/23/2025\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. Approval of the City of Santa Monica Legislative Platforms for the 2025-2026 Federal and State\nLegislative Sessions\nRecommended Action\nStaff recommends that the City Council:\n1. Approve the attached 2025-26 Federal and State Legislative Platform Drafts; and\n2. Adopt a finding that the action above does not constitute a project subject to the\nCalifornia Environmental Quality Act (CEQA).\na. DRAFT-2025-2026 Federal Legislative Platform\nb. DRAFT-2025-2026 State Legislative Platform

B. Approval of Annual Reporting of Development Impact Fees and Adoption of Resolution Making Five-\nYear Findings as to the Affordable Housing Commercial Linkage Fee and Parks and Recreation\nDevelopment Impact Fee\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines;\n2. Review and accept the FY 2023-24 Annual Reporting of Development Impact Fees per\nthe Mitigation Fee Act (Government Code 66000-66025) and the FY 2023-24 Child Care\nLinkage Fee Report per SMMC Chapter 9.65; and\n3. Approve and adopt the proposed resolution (Attachment B) making the necessary five-\nyear findings for the Affordable Housing Commercial Linkage Fee and the Parks and\nRecreation Development Impact Fee.\na. Attachment A - Development Impact Fees Report (2024)\nb. Attachment B - Resolution Adopting Five-year Findings for Affordable Housing Commercial\nLinkage and Parks and Recreation Development Impact Fee

C. Award Request for Proposal to Community Arts Resources (CARS) to Manage Arts Program at Santa\nMonica Airport\nRecommended Action\nStaff recommends that City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines;\n2. Award RFP #143 to Community Arts Resources (CARS), a Los Angeles-based company,\nto manage the arts program at the Santa Monica Airport for the Recreation and Arts\nDepartment; and\n3. Authorize the City Manager to negotiate and execute an agreement with CARS, in an\namount not to exceed $250,000 per year (including a $50,000 contingency) (for one year,\nwith four additional one-year renewal option(s) in the amount of $250,000 on the same\nterms and conditions) for a total amount not to exceed $1,250,000 over a 5-year period\nwith future funding contingent on Council budget approval.\ndocume Staff Report Printout\na. Summary of Panel Scores and Comments\nb. Govrin MAXIMA Appeal of RFP 143\nc. Response to Protest of RFP 143\nd. March 22, 2016 Staff Report (Web Link) Standardized leasing policy\ne. February 28, 2017 Staff Report (Web Link) Consent decree for closure of SMO\nf. December 18, 2018 Staff Report (Web Link) Consent decree for agreement with 18th\nStreet Arts Center\ng. Levine Act Disclosure Form 2.6.24 - CARS\nh. OAKS INITIATIVE FORM - CARS

D. Award Construction Contract to Doty Bros. Equipment Company for Pier Electrical Utility Relocation\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301, 15302, 15303, and\n15311 of the California Environmental Quality Act (CEQA) Guidelines and find that the\nproject was previously analyzed in the certified Santa Monica Pier Bridge Replacement\nProject Recirculated Environmental Impact Report/Environmental Assessment in\naccordance with CEQA; and\n2. Award Bid #SP2741 to Doty Bros. Equipment Company for construction services for the\nPier Electrical Utility Relocation Project for the Public Works Department;\n3. Authorize the City Manager to negotiate and execute a contract with Doty Bros.\nEquipment Company in an amount not to exceed $1,526,929 (including a 10%\ncontingency).\na. June 13, 2023 Staff Report (Web Link)\nb. Doty_California_Levine_Act_Disclosure\nc. Doty_Oaks_Initiative_Disclosure_Form

E. Award Proposal and Enter into Agreement with Illuminating SOL Therapy Inc. for LEAD Program\nMaster of Social Work Consultation Services\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding that the agreement is not a “project” subject to the California\nEnvironmental Quality Act (CEQA).\n2. Award RFP# 412 to Illuminating SOL Therapy Inc. for Master of Social Work Consultation\nServices for the LEAD Program for the Police Department; and\n3. Authorize the City Manager to negotiate and execute an agreement with Illuminating SOL\nTherapy Inc. in an amount not to exceed $250,000 over a five-year period, with future\nyear funding contingent on Council budget approval.\na. Oaks Initiative - Illuminating SOL\nb. Levine Act - Illuminating SOL

F. Approval of Second Modification to the Agreement with Safeguard US Inc. for Fall Protection\nServices\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities),\nof the California Environmental Quality Act (CEQA) Guideline; and\n2. Authorize the City Manager to negotiate and execute a second modification to\nagreement #11149 in the amount of $1,524,350 (including a 15% contingency) with\nSafeguard US, Inc. to provide fall protection infrastructure in response to the findings of a\nfall hazard locations report conducted as part of the City’s Risk Management program.\nThis will result in a five-year amended agreement with a new total amount not to exceed\n$3,455,307 for Phase III, with future year funding contingent on Council budget approval.\ndocume Staff Report Printout\na. X - Safeguard Agreement\nb. 07/18/2023 Staff Report (Web Link)\nc. 04/13/2021 Staff Report (Web Link)\nd. Levine Act Disclosure Form\ne. OaksInitiative-wEx

G. Approval of Seventh Modification with WSP USA Environment & Infrastructure, Inc. to Provide\nAdditional Scope of Work to the Memorial Park Redevelopment and Expansion Project\nRecommended Action\nStaff recommends that City Council:\n1. Adopt a finding that the modification to the agreement is not a “project” subject to the\nCalifornia Environmental Quality Act (CEQA); and\n2. Authorize the City Manager to negotiate and execute a seventh modification to\nagreement #9910 (CCS) in the amount not to exceed $53,700 (including a 10%\ncontingency) with WSP USA Environment & Infrastructure, Inc. for additional\nenvironmental consulting services related to the Memorial Park Redevelopment and\nExpansion Project. This will result in an amended agreement with a new total amount not\nto exceed $202,700, with future year funding contingent on Council budget approval.\na. Memorial Park Additional Considerations\nb. May 27, 2014 Staff Report\nc. October 15, 2019 Staff Report (Web Link)\nd. August 22, 2023 Staff Report (Web Link)\ne. August 27, 2024 Staff Report (Web Link)\nf. Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc.\ng. Levine Act Disclosure Form - WSP USA Environment & Infrastructure, Inc.

H. Award Contract to Western States Converters and Transmissions, Inc. for Transit Bus Allison\nTransmission Repairs\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities)\nof the California Environmental Quality Act (CEQA) Guidelines;\n2. Award Bid #4492 to Western States Converters & Transmissions, Inc. to provide parts\nand repairs for transit bus Allison transmission systems for the Department of\nTransportation; and\n3. Authorize the City Manager to negotiate and execute an agreement with Western States\nConverters & Transmissions, Inc., in an amount not to exceed $902,500 over a five-year\nperiod, with future year funding contingent on Council budget approval.\ndocume Staff Report Printout\na. Western States Oaks\nb. Western States Levine Act

I. Adoption of a Resolution Approving Final Tract Map No. 80306 for a 21-Unit Condominium Mixed-Use\nProject at 1448 7th Street\nRecommended Action\nStaff recommends that the City Council take following actions:\n1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to\nSection 15268 of the California Environmental Quality Act (CEQA); and\n2. Adopt the attached resolution approving Final Tract Map No. 80306.\ndocume Staff Report Printout\na. Final Map Resolution (1448 7th Street)

J. Approval of purchase agreement to purchase thirty-five (35) cemetery plots back from the\nIndependent Order of Odd Fellows\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section\n15061(b)(3) (Common Sense Exemption) of the California Environmental Quality\nAct (CEQA) guidelines;\n2. Authorize the City Manager to negotiate and execute a purchase and sale agreement\nwith the Independent Order of Oddfellows, in an amount not to exceed $175,000 for the\npurchase of thirty-five (35) cemetery burial plots; and\n3. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions\nsection of this report (requires 5 votes).\ndocume Staff Report Printout\na. IOOF Seaside Oaks Initiative 12-16-24\nb. IOOF Seaside Agreement\nc. Staff Report 5124 - Woodlawn Plot Return Purchase IOOF\nd. Levine Form - Oddfellows

K. Approval of Purchase Order to Lombiq Technologies Ltd. for Emergency Website Development\nServices\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines;\n2. Acknowledge the Procurement Manager’s authority to approve and issue a one-time\nemergency purchase order with Lombiq Technologies Ltd. for emergency website\ndevelopment services for the Information Services Department. This purchase order was\napproved as an exception to the competitive bidding process pursuant to Santa Monica\nMunicipal Code Section 2.24.250(i) and was for a total amount not to exceed $6,625.\ndocume Staff Report Printout\na. Lombiq Levine Act Disclosure Form 01.10.2025 signed\nb. Lombiq Oaks Initiative form 01.10.2025 signed

L. Second Reading and Adoption of an Interim Zoning Ordinance Amending Interim Zoning Regulations\nEstablished by Interim Zoning Ordinance 2764 (CCS) and Extended by Interim Zoning Ordinance\n2770 (CCS) to Extend the Operating Hours for the City’s Existing Cannabis Retailers Consistent with\nState Law\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.

S. Adoption of a Resolution Adopting a Policy Regarding Acceptance of Gifts by Councilmembers\nNew Item Received 1/23/2025\nRecommended Action\nStaff recommends the City Council adopt the Resolution adopting a policy regarding acceptance\nof gifts by Councilmembers.\na. CAO-Gifts Reso

T. Approval of Agreement for Service as Interim City Manager – Elaine Polachek\nNew Item Received 1/23/2025\nRecommended Action\nStaff recommends that the City Council\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines;\n2. Approve the two agreements with Elaine Polachek for her services as Interim City\nManager; and\n3. Authorize the Mayor to sign the agreements on behalf of the City.\ndocume Staff Report Printout\na. POLACHEK INTERIM FINAL\nb. POLACHEK INTERIM REDACTED FINAL

A. Santa Monica Airport Conversion Project (SMACP) Guiding Principles\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt the finding that the recommended actions herein do not constitute a project subject\nto the California Environmental Quality Act (CEQA) and are exempt under CEQA\nGuidelines Sections 15262, and 15306, and file a notice of exemption pursuant to CEQA\nGuideline 15062;\n2. Hold a study session to review and comment on the five Guiding Principles for vetting and\nevaluating the feasibility of features, amenities, programs, technical performance\nrequirements, financial strategies, phasing, and planning scenarios related to the closure\nof the Airport and alternative land-use scenarios post-closure (collectively, “the Santa\nMonica Airport Conversion Project, or the Project”);\n3. Consider the commencement of feasibility analysis for three planning scenarios for the\nAirport Conversion Project (“Phase 3”), based on the draft Guiding Principles; and\n4. Provide direction to staff on how to proceed with respect to Phase 3.\ndocume Staff Report Printout\na. January 24, 2023 Staff Report to City Council - Project Authorization (Web Link)\nb. December 10, 2023 Staff Report to City Council - Lottery Selected Panel (Web Link)\nc. December 19, 2023 Staff Report to City Council - Sasaki Authorization (Web Link)\nd. February 28, 2017 -Staff Report to City Council - Resolution 11026\ne. Memo re Airport Closure and Measure LC

A. Appointments to Vacant Seats on the Audit Subcommittee (CONTINUED FROM 12/17/2024)\ndocume Staff Report Printout

B. Designate a Councilmember as a Governing Board Representative to the Westside Cities Council of\nGovernments (COG) and designate an Alternate Governing Board Representative. The Joint Powers\nAuthority and By-laws require each City Council to designate one of its Councilmembers as a\nGoverning Board Representative and one Councilmember as an Alternate Governing Board\nRepresentative. (CONTINUED FROM 12/17/2024)

C. Designation of City's voting delegate and alternate to Southern California Association of\nGovernments (SCAG) 60th Annual Regional Conference and General Assembly Business Meeting\nfrom May 1-2, 2025 at the JW Marriott Desert Springs Resort & Spa in Palm Desert, CA (CONTINUED\nFROM 12/17/2024)

D. Designation of a Councilmember to the Independent Cities Association (CONTINUED FROM\n12/17/2024)

E. Designation of voting delegate and alternate(s) for the CalCities Annual Conference and Expo, to be\nheld October 8 -10, 2025, in Long Beach, California. (CONTINUED FROM 12/17/2024)

F. Appointment to three unscheduled vacancies on the Disabilities Commission for two seat terms\nending on June 30, 2025 and one on June 30, 2026. (CONTINUED FROM 1/23/2024 and 3/19/2024)\nNew Item Received 1/23/2025\na. Applicant List

G. Appointment to one seat on the Transient Occupancy Tax Advisory Committee for a partial-term\nending on 6/30/2025. (CONTINUED FROM 5/24/2023) New Item Received 1/23/2025\ndocume Staff Report Printout\na. Applicant List