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 8621407 #. 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: 3/4/2022 9:44 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: 3/4/2022 9:44 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
VIA TELECONFERENCE PURSUANT TO
ASSEMBLY BILL NO. 361 SIGNED BY,
GOVERNOR GAVIN NEWSOM
TUESDAY, MARCH 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 8621407 # 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: 3/4/2022 9:44 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 – 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. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Anthony Echevarria v. City of Santa Monica, U.S. District Court Case No. 2:21- CV-05603-SVW (AGR)
1.D. Public Employee Appointment:
Title – City Attorney - New item received 3/04/2022
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 First Modification to Contract with Swiftly, Inc. for Software Service Solution for Department of Transportation
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #11000 with Swiftly, Inc., for the Department of Transportation (DOT) Big Blue Bus (BBB) Division:
1. To add two additional customer-facing Swiftly Software as a Service (SaaS) modules, Service Adjustments and Rider Alerts, for the remainder of the contract term including all option years;
2. To extend the contract term of Swiftly’s cloud-hosted Software as a Service (SaaS) solution for customer-focused real-time schedule information and service performance metrics for staff by one additional option year through June 30, 2025; and,
3. To adjust the annual contract year-end from May 20 to June 30 to align with the fiscal year by making a one-time payment for 41 days of service in FY2021-22. This will result in a five-year agreement ending June 30, 2025 with a new total amount not to exceed $1,373,304 with future year funding contingent on Council budget approval.
3.B. Approval of Second Modification to Agreement #10613 with Vertech Industrial Systems LLC for Programming Water, Wastewater, Recycled Water and Storm Water Control System Process Improvements
City of Santa Monica Generated: 3/4/2022 9:44 PM Page 5 Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10613 in the amount of $198,650 with Vertech Industrial Systems, LLC for programming water, wastewater, recycled water, and storm water control system process improvements for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $759,400, with future year funding contingent on Council budget approval.
3.C. Award RFP #297 to Arakelian Enterprises, Inc., dba Athens Services, for Organics Processing and Recycling Services
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 297 to Arakelian Enterprises, Inc. dba Athens Services for organics processing and recycling services for the Public Works Department; and
2. Authorize the City Manager to negotiate and execute an agreement with Arakelian Enterprises, Inc., dba Athens Services, in an amount not to exceed $4,280,000 (including a 10% contingency) for two years, with three additional one-year renewal options in the amount of $9,920,000 on the same terms and conditions for a total amount not to exceed $14,200,000 over a five-year period, with future year funding contingent on Council budget approval.
3.D. Approval of First Modification to Agreement #10692 with General Pump Company Inc. for Water Well and Booster Pump Maintenance Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10692 CCS in the amount of $515,000 with General Pump Company Inc. for water well and booster pump maintenance services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $2,695,000, with future year funding contingent on Council budget approval.
3.E. Award Request For Proposal to Engineering Solutions Services, Inc. for Seismic Grant Management Services
Recommended Action
Staff recommends that the City Council:
1. Award RFP #299 to Engineering Solutions Services, Inc. for grant management services for the Community Development Department;
2. Authorize the City Manager to negotiate and execute an agreement with Engineering Solutions Services, Inc., in an amount not to exceed $669,330 (including a $66,933 contingency) for a total amount not to exceed $736,263 over a three-year period, with future year funding contingent on Council budget approval.
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
City of Santa Monica Generated: 3/4/2022 9:44 PM Page 6
3.F. Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order.
3.G. Approval of Reinstatement and Third Modification of Agreement with Governmentjobs.com dba NEOGOV for Legally Required Job Applicant Tracking Software, Remote Testing Integration, Job Posting Website, and System Training
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a reinstatement and third modification of agreement #10257 with Governmentjobs.com dba NEOGOV, to extend the term of the agreement for an additional five years and increase the total compensation by $192,224, for the continuation of job applicant tracking software, remote testing integration, job posting website, and system training services. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.080(b). This will result in a reinstated and amended agreement for five years with a new total amount not to exceed $357,293, with future year funding contingent on Council budget approval.
3.H. Award Request For Proposal and enter into Agreement with EHS International, Inc. (EHS) for Cal/OSHA Safety Training - New item received 3/04/2022 Recommended Action
Staff recommends that the City Council:
1. Award RFP# 8421 to EHS International, Inc. (“EHS”) for required Cal/OSHA safety training;
2. Authorize the City Manager to negotiate and execute an agreement with EHS to provide safety training services, in an amount not to exceed $534,545 over a five-year period, with future year funding contingent on Council budget approval.
3.I. Adoption of Resolution for AB 361 Findings Regarding Teleconference Meetings - New item received 3/04/2022
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 April 7, 2022.
3.J. Accept Proposal and Enter into Agreement with Major League Baseball for 2022 All Star Event - New item received 3/04/2022
Recommended Action
City of Santa Monica Generated: 3/4/2022 9:44 PM Page 7 Staff recommends that the City Council authorize the City Manager to negotiate and execute a license agreement with Major League Baseball for use of the Pier Deck (Newcomb) Parking Lot and adjacent beach area from July 12-18, 2022 for the “MLB All-Star Oceanfront” Festival.
3.K. Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings - New item received 3/04/2022 Recommended Action
Staff recommends that the City Council adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.
3.L. Approval of Reinstatement and Seventh Modification with Goodwin Simon Strategic Research (GSSR) to Conduct Resident Polling Services - New item received 3/04/2022
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a reinstatement and seventh modification to agreement #10141 increasing the term of the contract with Goodwin Simon Strategic Research (GSSR) to June 30, 2024 and adding additional services to conduct resident polling related to Santa Monica’s potential revenue measures. This will result in a reinstated and amended agreement with a new total term of eight years and four months. The total amount of the contract will be unchanged at not to exceed $385,800 with future year funding contingent on Council budget approval.
3.M. Approval of Minutes of City Council - Regular and Special Joint Meeting - Feb 22, 2022 5:30 PM - New item received 3/04/2022
3.N. Approval of Minutes of City Council - Special Meeting - Mar 4, 2022 11:00 AM - New item received 3/04/2022
5. CONTINUED ITEMS
5.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022. Continued from July 27, 2021. (CONTINUED FROM 2/22/2022)
5.B. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2025. (CONTINUED FROM 2/22/2022)
5.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2023. (CONTINUED FROM 2/22/2022)
City of Santa Monica Generated: 3/4/2022 9:44 PM Page 8
5.D. Annual Appointments to Boards and Commissions for terms ending June 30, 2021. (CONTINUED FROM 7/27/2021) - New item received 3/04/2022 Board/Commission Number of
Appointments
Term End
Date
Requirements
Arts Commission 2 6/30/2025 Work or Reside in Santa Monica Urban Forest Task Force 7 6/30/2023 Santa Monica Resident or Persons who do Business or are
Employed in the City of Santa
Monica
6. ADMINISTRATIVE PROCEEDINGS
6.A. Appeal 21ENT-0254 of Planning Commission approval of Development Review Permit 16ENT-0048, Major Modification 18ENT-0382, and certification of Final Environmental Impact Report 17ENT-0011 for the property located at 1242 20th Street to allow the retention and partial rehabilitation/adaptive reuse of an existing Tudor-style commercial building and the construction of a new Tier 1 three-story (45 feet) research/development and medical clinic facility (“Wellness Center”) consisting of approximately 76,167 square-feet and a fivelevel subterranean parking garage. A Major Modification is requested to consider Arizona Avenue, the parcel line separating the narrowest street frontage of the parcel from the street, as the side parcel line.
Recommended Action
Staff recommends that the City Council, based on the findings and analysis outlined in this report:
1. Deny Appeal 21ENT-0254;
2. Adopt a Resolution Certifying Final EIR 17ENT-0011;
3. Approve Development Review Permit 16ENT-0048 and Major Modification 18ENT-0382; and
4. Adopt the draft Statement of Official Action.
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 Amending Santa Monica Municipal Code Section 3.04.030 to Authorize the City Manager to Establish Hours of Operation for the Santa Monica Pier Parking Deck Lot Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached Ordinance.
7.B. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity and Participation of Lobbyists on City of Santa Monica Boards and Commissions
City of Santa Monica Generated: 3/4/2022 9:44 PM Page 9 Recommended Action
Staff recommends that Council introduce for first reading the attached ordinance, which does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010 to define “lobbying activity”;
2. Creates Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment; and,
3. Provides certain other options concerning when lobbying activities occur.
7.C. Introduction and First Reading of an Ordinance Modifying SMMC 7.12.170 to Add Water Recycling Requirements
Recommended Action
Staff recommends that the City Council introduce for first reading the attached ordinance to modify Santa Monica Municipal Code Section 7.12.170 to add water recycling requirements.
13. COUNCILMEMBER DISCUSSION ITEMS
13.A. Request of Councilmember Brock and Councilmember Negrete that the Santa Monica City Council fully condemns the unprovoked invasion of Ukraine by the Russian Government and their dictator, Vladimir Putin. This is not an invasion by the Russian people. It is a culmination of a years’-long harassment by a dictatorial tyrant of a border nation whose people have their own culture and language, and it is reminiscent of the power-grabbing that initiated the horrific events of World War II.
The Council urges all citizens of the world to take notice and call for an end to the barbaric and tragic violence that is being waged on the peaceful nation of Ukraine.
The Council hereby offers the heroic Ukrainian President Volodymyr Zelenskyy the title of Honorary Citizen of the City of Santa Monica.
The Council directs the City Manager to research any sanctions or steps that Santa Monica might take to deplete the power of Mr. Putin and any Russian Oligarchs, including to divest of any city fund possessing Russian assets, and lobby CalPERS in favor of divesting any state funds possessing Russian assets and termination of state contracts with Russian firms. The Council calls on cities around the world to take similar action. The Council stands behind President Zelenskyy and the people of Ukraine. - New item received 3/04/2022
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
City of Santa Monica Generated: 3/4/2022 9:44 PM Page 10 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).