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 6703608 #. 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: 3/1/2022 5:08 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: 3/1/2022 5:08 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 22, 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 6703608 # 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
City of Santa Monica Generated: 3/1/2022 5:08 PM Page 4
1.A. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2):
Oceana Hotel
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Wolfgang Mountford v. City of Santa Monica, U.S. District Court Case No. 2:20- CV-07220-MCS (Ex)
1.C. Public Employee Appointment: Title – City Attorney - New item received 2/18/2022
1.D. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees - New item received 2/18/2022 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. Approval of Agreement with Dooley Enterprises, Inc. for Purchase of Ammunitions for the Santa Monica Police Department
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Dooley Enterprises, Inc., a California-based company, for ammunitions for the Police 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 $550,000 for a five-year period with future year funding contingent on Council budget approval.
3.B. Approval of Agreement with Robert Half International, Inc. for Recruiting Services
City of Santa Monica Generated: 3/1/2022 5:08 PM Page 5 Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a Professional Services Agreement with Robert Half International, Inc. for recruitment services for the Information Services 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 $60,000 with future year funding contingent on Council budget approval.
. SPECIAL JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT
SUCCESSOR AGENCY
. ROLL CALL
3.C. Annual Investment Policy Update
Recommended Action
Staff recommends that the City Council:
1. Review and approve the City’s revised Investment Policy;
2. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2022 through February 28, 2023.
Staff also recommends that the Successor Agency Governing Board:
1. Review and approve the City Investment Policy for Successor Agency Investments;
2. Extend investment authority to the Treasurer of the Successor Agency, from March 1, 2022 through February 28, 2023.
3.D. Approval of minutes for Redevelopment Successor Agency meetings Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 14, 2021 meeting.
. ADJOURNMENT OF SPECIAL JOINT MEETING
3.E. City Council - Special Meeting - Jan 25, 2022 4:30 PM - New item received 2/18/2022
3.F. City Council - Regular and Special Joint Meeting - Feb 8, 2022 5:30 PM - New item received 2/18/2022
4. STUDY SESSION
4.A. Citywide Response to Sidewalk Vending - INFORME EN ESPANOL Attachment J. (SPANISH REPORT)
Recommended Action
Staff recommends that the City Council review and comment on the Study Session on the Citywide Response to Sidewalk Vending including input on the future direction of the City's Pier Task Force.
5. CONTINUED ITEMS
City of Santa Monica Generated: 3/1/2022 5:08 PM Page 6 No items
6. ADMINISTRATIVE PROCEEDINGS
6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd - New item received 2/18/2022
Recommended Action
Staff recommends the City Council deny Appeal 20ENT-0275, appealing the Planning Commission’s approval of Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066 for a 7,898 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, and approve the requested CUP and Minor Modification, based upon the findings and analysis outlined in this report.
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. Introduction and Adoption of an Emergency Ordinance Prohibiting the Possession of Combustible Fuels On or In Close Proximity to the Pier Recommended Action
Staff recommends that the City Council introduce and adopt an emergency ordinance amending the Santa Monica Municipal Code to prohibit possession of combustible fuels on or in close proximity to the Pier.
7.B. Adoption of Resolution Authorizing City Manager to establish hours of operation for the Santa Monica Pier Deck Parking Lot, and the Introduction and First Reading of an Ordinance Amending Municipal Code Section 3.04.030 relating to the Pier Deck Parking Lot - New item received 2/18/2022 Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the City Manager or Designee to establish hours of operation for the Santa Monica Pier Deck Parking Lot.
2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Chapter 3.04.030 to clarify that the Santa Monica Pier Deck Parking Lot operating hours shall be established by the City Manager or Designee, and thus allow for the enforcement of established operating hours on the Santa Monica Pier Deck Parking Lot.
7.C. Introduction and Adoption of an Emergency Ordinance Extending Amendments to Santa Monica Municipal Code Section 4.08.780 Relating to Restrictions on Carrying, Using, or Possessing Certain Specified Items During Community Events or Public Assemblies to Promote Public Safety and Welfare - New item received 2/18/2022
City of Santa Monica Generated: 3/1/2022 5:08 PM Page 7 Recommended Action
Staff recommends that the City Council introduce and adopt an emergency ordinance extending amendments to Santa Monica Municipal Code Section
4.08.780 relating to restrictions on carrying, using, or possessing certain specified items during community events or public assemblies to promote public safety and welfare.
8. STAFF ADMINISTRATIVE ITEMS
8.A. Approval of Proposal Regarding Independent Investigation of Possible Violations of the Brown Act and Confidentiality Agreements and Authorization of the Issuance of Subpoenas in the Name of the City under Section 614 of the City Charter in Conducting the Investigation - Staff report added with attachment 2/19/2022
Recommendation:
Approve the proposal from the City Manager and the Interim City Attorney to have an independent investigation of possible violations of the Brown Act and Confidentiality Agreements 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. Authorize the issuance of subpoenas in the name of the City under section 614 of the City Charter in conducting the investigation.
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. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022. Continued from July 27, 2021.
13.B. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2025.
City of Santa Monica Generated: 3/1/2022 5:08 PM Page 8
13.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2023.
13.D. Appointment to two unscheduled vacancies on the Santa Monica Library Board for a term ending on 6/30/2022 and 6/30/2023.
13.E. Recommendation to accept Elisa Paster's resignation from the Planning Commission and authorize the City Clerk to publish the vacancy.
13.F. Recommendation to accept George Brown's resignation from the Public Safety Reform and Oversight Commission and authorize the City Clerk to publish the vacancy.
13.G. Request of Councilmembers Brock, Parra and de la Torre that the City Council remove Housing Commissioner Leonora Camner pursuant to City Charter Article 1002 (requiring a motion adopted by at least five affirmative votes), and to thank her for her previous service to the Santa Monica Housing Commission. With the removal, authorize the City Clerk to publish the vacancy. - New item received 2/18/2022
13.H. Request of Councilmembers Negrete and Brock that no new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present. - New item received 2/18/2022
13.I. Request of Councilmembers Negrete and Brock to direct the City Clerk and the City Manager to review Council Rules and Procedures; time management and Council agenda management to end Council meetings earlier, including the timing and scheduling of Closed Session and Study Sessions and address any additional meetings of the City Council, if necessary. - New item received 2/18/2022
13.J. Request of Councilmembers de la Torre and Parra that Council directs staff to no longer install a temporary scrim over the Stanton Macdonald-Wright murals in the lobby of Santa Monica City Hall and to instead direct staff to launch of a process that engages and educates our community and results in the addition of artwork within the lobby to create a more inclusive and complete story of our City's history and vision for our future to advance the City’s commitment to equity, justice and respect for all and, in the interim, direct staff to explore the creation of a temporary lobby display around the themes that will be explored during the larger community education and engagement process. - New item received 2/18/2022
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.) City of Santa Monica Generated: 3/1/2022 5:08 PM Page 9
14.A. Written Public Comment
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 [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).