City of Santa Monica
City Council Meeting
AGENDA
SUE HIMMELRICH
MAYOR
LANA NEGRETE KRISTIN MCCOWAN
COUNCILMEMBER MAYOR PRO TEM
GLEAM DAVIS PHIL BROCK
COUNCILMEMBER COUNCILMEMBER
CHRISTINE PARRA OSCAR DE LA TORRE
COUNCILMEMBER COUNCILMEMBER
DAVID WHITE
CITY MANAGER
JOSEPH LAWRENCE
INTERIM CITY ATTORNEY
DENISE ANDERSON-WARREN
CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Meetings are broadcast live on CityTV cable channel 16, on the internet at santamonica.gov, and can be live streamed at https://www.youtube.com/user/Citytv16santamonica or https://www.smgov.net/video or Toll-Free Dial-In Number 1 (800) 520-9950 (US), PIN 5526382 #. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11172 (CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 2:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Additionally, effective January 26, 2021, and until COVID-19 restrictions are lifted, oral public comment on agenda items can be provided remotely. If you want to provide public comment on a particular agenda item, you can call by phone at (310) 312-8173 when the caller queue opens for the agenda item on which you wish to comment. The caller queue for an agenda item will not open until just before the item is called and will then remain open until the first five public comments are heard. Donation of time and electronic presentation materials will not be permitted while meetings are conducted via teleconference.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. Closed Session.
2. Special Agenda Items (City Manager’s Report
Commendations, Presentations, etc.).
3. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).
4. Study Session.
5. Continued Items.
6. Administrative Proceedings.
7. Ordinances:
• 1
st Reading
• 2
nd Reading
8. Staff Administrative Item.
9. Public Hearings.
10. Reports of Boards and Commissions.
11. Resolutions.
12. Written Communications (other than
Reports of Commission and Officers).
13. Councilmember Discussion Items.
14. Public Input (members of the public may
address the City Council only on items
not on the agenda, but within the subject
matter jurisdiction of the City)
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR AND SPECIAL JOINT MEETING
VIA TELECONFERENCE PURSUANT TO
ASSEMBLY BILL NO. 361 SIGNED BY,
GOVERNOR GAVIN NEWSOM
TUESDAY, FEBRUARY 8, 2022
MEETING BEGINS AT 5:30 PM
Pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsom, the public can only attend this meeting by watching it streaming at https://www.youtube.com/user/Citytv16santamonica or https://www.smgov.net/video or Toll-Free Dial-In Number: 1 (800) 520-9950 (US), PIN 5526382 # WAYS TO PROVIDE REMOTE PUBLIC COMMENT:
Written public comment can be submitted via email to [email protected].
Written comments received prior to 2:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.
If you decide you want to speak on a particular agenda item, please call (310) 312-8173 once the caller queue for the agenda item opens. Please note that the caller queue for each agenda item will not open until just before the item is called and will close after the first five public comments are heard.
In an effort to reduce the risk of spreading Coronavirus (COVID-19), only members of the City Council and City Staff will participate in person at City Hall. The meeting will be broadcast on CityTV Channel 16 and streaming on the City’s website and YouTube channel as normal, but individuals may also join the teleconference via other methods listed above.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)
1. CLOSED SESSIONS
1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Santa City of Santa Monica Generated: 2/8/2022 10:25 PM Page 4 Monica Bayside Owners Association v. City of Santa Monica and the California Coastal Commission, Los Angeles Superior Court 21SMCP00269
1.B. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2):
Oceana Hotel
1.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 2828 Donald Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises (~5,285 sq. ft.), Hangars #6, # 26, and #31 (~5,380 sq. ft.), Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp (~64,460 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica, California (“Fuel Farm”) (~3,820 sq. ft.) consisting of three 12,000 gallon and one 500 gallon underground storage tanks and associated systems and equipment; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director; Owner of Record: City of Santa Monica; Persons to be negotiated with Atlantic SMO Holdings; Under negotiation: Ground Lease and Building Lease Terms.
1.D. Public Employee Appointment: Title – City Attorney - New item received 2/4/2022
The following is the order of business for items to be heard no earlier than 6:30 p.m.
2. SPECIAL AGENDA ITEMS
2.A. City Manager Report
3. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)
3.A. Award Request for Proposal to Redcar Properties LTD and Authorize City Manager to Execute Contract for Property Management for Bergamot Station Arts Center
Recommended Action
1. Award RFP# 303 to Redcar Properties LTD for property management services for the Community Development Department;
2. Authorize the City Manager to negotiate and execute an agreement with Redcar Properties LTD, for a management fee of up to $90,000 per annum for two years, three additional one-year renewal options, for a total amount not to exceed $450,000 and future year funding contingent on Council budget approval.
3.B. Approval of Modification to Purchase Orders for Water Treatment Antiscalants & Cleaners
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 5 Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a change order to purchase order #22200672 in the amount of $210,000 with Avista Technologies for the provision of water treatment antiscalants and cleaner chemicals for the Public Works Department. This would result in a revised purchase order total not to exceed $685,000, with future year funding contingent on Council budget approval; and
2. Authorize the Procurement Manager to issue a change order to purchase order #22200758 in the amount of $100,000 with King Lee for the provision of water treatment antiscalants and cleaner chemicals for the Public Works Department. This would result in a revised purchase order total not to exceed $200,000, with future year funding contingent on Council budget approval.
3.C. Approval of Third Lease Modification with JP Morgan Chase for 1333 Fourth Street Lease - Attachments Added. 2/04/22
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a lease modification with JP Morgan Chase to extend term from May 1, 2022 through April 30, 2026, providing a total of $4,022,120 in rental revenues during the four-year term.
3.D. Adoption of a Resolution Making Findings Required by AB 361 Relating to Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through March 10, 2022.
3.E. Approval of minutes for Housing and Parking Authority meetings - Staff request to move 3.E to 8.B. 2/07/22
Recommended Action
Staff recommends that the:
1. Housing Authority approve the minutes of the October 26, 2021 and November 23, 2021 meetings; and
2. Parking Authority approve the minutes of the October 26, 2021 meeting.
3.F. City Council - Regular Meeting - Jan 11, 2022 5:30 PM - New item received 2/4/2022
3.G. City Council - Special Meeting - Jan 29, 2022 10:00 AM - New item received 2/4/2022
3.H. City Council - Special Meeting - Feb 2, 2022 6:00 PM - New item received 2/4/2022
4. STUDY SESSION
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 6
4.A. Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities - New item received 2/4/2022 Recommended Action
Staff recommends that the City Council review and comment on the Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities and the strategy outlined by the COVID-19 Emergency Operations Center.
5. CONTINUED ITEMS
No items
6. ADMINISTRATIVE PROCEEDINGS
No items
7. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)
7.A. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending Santa Monica Municipal Code Section 2.64.020 to Decrease the Membership of the Arts Commission from Eleven to Nine Members
Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached Ordinance.
8. STAFF ADMINISTRATIVE ITEMS
. SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY
AND PARKING AUTHORITY
. ROLL CALL
8.A. Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:
1. Appropriate FY 2021-22 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2022-23 budget plan (Attachment A);
Staff also recommends that the City Council:
1. Receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast;
2. Direct staff to set aside $11 million in unprogrammed revenue to Assigned General Fund Reserves;
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 7
3. Adopt a Resolution establishing new classifications and adopting salary rates for various positions (Attachment B) and approve the position and classification changes (Attachment C);
4. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fine schedule for certain violations of the Santa Monica Municipal Code, eliminate overdue fines for adult cardholder accounts for the Santa Monica Public Library and to establish new non-standard fines for violations of the Second Shared Mobility Pilot Program Administrative Regulations (Attachment D);
5. Direct staff to proceed with research and analysis on various potential tax revenue measures;
6. Authorize the City Manager to negotiate and execute a second modification to agreement #10929 with Moss Adams LLP, a Washington-based company, for internal auditing services for the City Manager’s Office. The modification would increase the third year amount by $240,000 for a new amended total not to exceed $931,000, with future year funding contingent on Council budget approval, to complete a homeless services delivery audit and the Human Services Grants Program grantee monitoring; and
7. Approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021.
. ADJOURNMENT OF SPECIAL JOINT MEETING
9. PUBLIC HEARINGS
No items
10. REPORTS OF BOARDS AND COMMISSIONS
No items
11. RESOLUTIONS
No items
12. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
13. COUNCILMEMBER DISCUSSION ITEMS
13.A. Designation of City's voting delegate and alternate representative to Southern California Association of Governors (SCAG) General Assembly at the JW Marriott Desert Springs Resort & Spa, Palm Desert on May 5, 2022.
13.B. Request of Mayor Pro Tem McCowan that the City Manager provide to the City Council as part of the FY 22/23 exception based budget, information related to implementation of a paid parental leave policy for City staff that could take effect in FY 22/23. - New item received 2/4/2022
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 8
13.C. Request of Mayor Himmelrich, Council Member Davis, and Council Member Negrete that the City Council join with and support the Santa Monica-Malibu Unified School District (“SMMUSD”) in opposing a petition filed by certain individuals with the Los Angeles County Committee on School District Organization pursuant to SB 442 which became effective January 1, 2022.
This petition seeks to compel SMMUSD to convert from at-large elections, which are required by Section 900 of the Santa Monica City Charter, to district based elections and to adopt a map of proposed districts that was drawn by the petition’s proponents without any input from SMMUSD stakeholders and which seems not to have been drawn in accordance with the California Elections Code, which sets forth a procedure for drawing such districts. This petition seeks to override the Santa Monica City Charter without a vote of the people and without a showing of any compelling interest that would justify doing so. In addition to stating its opposition to the petition, the Council authorizes the City Manager, including the City Attorney, to use City resources, as appropriate, to support the SMMUSD and to publicly oppose the nullification of the City charter in public media, at any hearing held by the County Committee on School District Organization, and, if necessary, through litigation. - New item received 2/4/2022
13.D. Request of Councilmember Davis that the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation. - New item received 2/4/2022
14. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to City of Santa Monica Generated: 2/8/2022 10:25 PM Page 9 [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.
City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).