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://primetime.bluejeans.com/a2m/live-event/ejwfqbjh or Toll-Free Dial-In Number 1 (800) 520-9950 (US), PIN 5137932 #. 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: 3/24/2022 4:58 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: 3/24/2022 4:58 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250, PURSUANT
TO EXECUTIVE ORDER N-29-20
TUESDAY, MARCH 22, 2022
MEETING BEGINS AT 5:30 PM
Pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsom, the meeting can be viewed at: Streaming at https://www.smgov.net/content.aspx?id=4292 LIVE STREAM (Chrome Browser Recommended):
https://primetime.bluejeans.com/a2m/live-event/ejwfqbjh LIVE STREAM:
https://primetime.bluejeans.com/a2m/live-event/ejwfqbjh
AND TOLL-FREE DIAL-IN NUMBER
1 (800) 520-9950 (US), PIN 5137932 #
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. In accordance with Charter section 615, the adoption of City of Santa Monica Generated: 3/24/2022 4:58 PM Page 4 all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
1. CLOSED SESSIONS
1.A. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to § 54956.9(d)(4): One Matter
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Alejandra Garcia, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV07940
1.C. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2): 6th Cycle (2021-2029) Housing Element
1.D. Conference with Real Property Negotiator: Government Code Section 54956.8; Property: 380 Santa Monica Pier, Santa Monica, CA. City Negotiators: Elana Buegoff, Pier and Beach Administrator, and Allan Kotin, Allan D. Kotin and Associates. Under Negotiation: Interests in Real Property, ground lease.
Owner: EPR Parks, LLC. Owner’s Negotiators: Kieran Burke of Premiere Parks, LLC, and Jeff Klocke, Vice President/General Manager, Pacific Park
1.E. Conference with Real Estate Negotiators pursuant to Government Code Section 54956.8:
Property: Barnard Park Villas, 3356 Barnard Way, Santa Monica, California; City Negotiators: Andy Agle, Director of Community Services; Tim Bretz, Keyser Marston Associates;
Owner of Record: Barnard Park Villas, Ltd.;
Under negotiation: Option to Purchase.
1.F. 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.G. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Municipal Employees Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1510-M.
1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1495-M.
1.I. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice City of Santa Monica Generated: 3/24/2022 4:58 PM Page 5 Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1507-M.
1.J. Public Employee Appointment:
Title – City Attorney, Interim City Attorney
1.K. 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.
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 #290 and enter into Agreement with Steer for Administration of Transportation and Outreach Services for the Santa Monica Transportation Management Organization
Recommended Action
Staff recommends that the City Council:
1. Award RFP #290 Santa Monica Transportation Management Organization to Steer, a Los Angeles-based corporation, for the provision of professional services for the operation of a city-wide Transportation Management Organization;
2. Authorize the City Manager to negotiate and execute an agreement with Steer in an amount not to exceed $750,000 for three years, with two additional one-year renewal options of $250,000, for a total amount not to exceed $1,250,000 for a total of five years, with future year funding contingent on Council budget approval; and
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of the report.
3.B. Adoption of Statement of Official Action (STOA) for Shore Hotel Appeals City of Santa Monica Generated: 3/24/2022 4:58 PM Page 6 Recommended Action
Staff recommends that City Council approve the attached Statement of Official Action denying appeal 21ENT-0167, approving appeal 21ENT-0163, and approving Conditional Use Permit 19ENT-0397 to allow for the expansion and reconfiguration of the Shore Hotel and changes to its operation and available amenities.
3.C. Approval of Second Modification to Contract #10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System for the Public Works Department
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Contract 10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System (CMMS) agreement with the Water Resources Division for the Public Works Department. This modification is made as an exception to the competitive bidding process pursuant to Section
2.24.250 (b) to extend the agreement for an additional year in the amount of $66,000, for a total amount not to exceed $989,334 for a total contract term of twenty-two years.
3.D. Approval of First Modification of Lawyer-Client Retainer Agreement for Liebert Cassidy Whitmore for Personnel Related Legal Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Contract No. 10461 (CCS) with Liebert Cassidy Whitmore (LCW), a California-based law firm, to extend the term of the agreement for one year and increase the compensation by $300,000, for personnel-related legal services for the entire city, managed by the City Attorney’s Office. This modification will result in an amended agreement providing for a six-year contract with a new total estimated amount not to exceed $2,175,000, with future year funding contingent on Council budget approval.
3.E. Adoption of Resolution for AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that the City 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 22, 2022.
3.F. Award Professional Services Agreement to KPFF Consulting Engineers to Design the Beach Bike Path Ramp Connection to Santa Monica Pier Recommended Action
Staff recommends that the City Council:
1. Award RFP #2447 to KPFF Consulting Engineers to provide design services, develop construction documents, and provide engineering support during the construction of the Beach Bike Path Ramp Connection to Santa Monica Pier Project for the Public Works Department;
City of Santa Monica Generated: 3/24/2022 4:58 PM Page 7
2. Authorize the City Manager to negotiate and execute a professional services agreement with KPFF Consulting Engineers, in an amount not to exceed $248,336 (including a 10% contingency);
3. Authorize the City Manager to issue any necessary modifications to complete additional work within contract authority.
3.G. City Council - Special Meeting - Mar 13, 2022 10:30 AM
4. STUDY SESSION
No items
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 Modifying SMMC 7.12.170 to Add Water Recycling Requirements
Recommended Action
Staff recommends that the City Council waive reading in full and adopt the attached Ordinance.
7.B. Introduction and Adoption of Emergency Interim Zoning Ordinance Extending Planning Permit Timeframes
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Amending Santa Monica Municipal Code Section 9.37.070 to Extend Permit Timeframes Due to Unavoidable Delays Caused by the COVID-19 Pandemic and to Further Economic Recovery Efforts.
8. STAFF ADMINISTRATIVE ITEMS
8.A. Appointment of Interim City Attorney and Authorization to Negotiate and Execute Agreement - New item received 3/18/2022
Recommended Action
Staff recommends that Council:
1. Appoint Susan Cola as Interim City Attorney commencing April 6, 2022; and, City of Santa Monica Generated: 3/24/2022 4:58 PM Page 8
2. Authorize the Mayor to negotiate and execute an employment agreement with Ms. Cola for her service as Interim City Attorney.
9. PUBLIC HEARINGS
9.A. Adoption of Resolutions and Introduction and First Reading to Adopt the Providence Saint John's Development Agreement - New item received 3/18/2022
Recommended Action
It is recommended that the City Council take the following actions:
1. Adopt a resolution certifying the Final Environmental Impact Report (FEIR) for the Third Amendment to the Development Agreement and Providence Saint John’s Health Center Phase Two Master Plan in accordance with CEQA;
2. Adopt a resolution adopting a Statement of Overriding Considerations to support approval of the Third Amendment to the Development Agreement and Providence Saint John’s Health Center Phase Two Master Plan based upon the FEIR and other information provided in the record and adopting a Mitigation Monitoring and Reporting Program;
3. Adopt a resolution repealing the 1988 Hospital Area Specific Plan and amending the 2010 Land Use and Circulation Element of the General Plan to modify references to the 1988 Hospital Area Specific Plan;
4. Adopt a resolution approving the Providence Saint John’s Health Center Phase Two Master Plan;
5. Introduce an ordinance for first reading to adopt the Third Amendment to the Development Agreement for the Providence Saint John’s Health Center Phase Two Master Plan;
6. Adopt a Statement of Official Action approving Tentative Tract Map 82302; and
7. Adopt a Resolution of Intent declaring the Council’s intent to vacate a portion of 21st Street between Santa Monica Boulevard and Broadway upon dedication of new public streets to be located on Saint John’s South Campus.
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
City of Santa Monica Generated: 3/24/2022 4:58 PM Page 9
13.A. Request of Mayor Himmelrich, Mayor Pro Tem McCowan and Councilmember de la Torre that the City Council oppose the “Taxpayer Protection and Government Accountability Act,” a proposed ballot initiative co-sponsored by the California Business Roundtable. The measure would make it harder for governments and municipalities to administer local taxes and fees and limit the ability to bring forward citizen initiatives. Should the initiative garner enough signatures to be placed on the November 2022 ballot, a letter of opposition from the City would be sent to the California Attorney General registering the Council’s Official opposition.
13.B. Request of Councilmember Negrete, Mayor Pro Tem McCowan, and Councilmember Brock that the City Council support the “The Arts and Music In Schools – Funding guarantee Accountability Act,” a proposed ballot initiative co-sponsored by the Californians for Arts and Music Education in Public School that will increase funding for arts and music education programs in California public schools without raising taxes. The City Council also requests the City Manager issue a press release as soon as possible indicating the City Council’s support for the proposed ballot initiative and should the initiative garner enough signatures to be placed on the November 2022 ballot, a letter of support from the City would be sent to the California Attorney General registering the City Council’s Official support.
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.) Written 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.
City of Santa Monica Generated: 3/24/2022 4:58 PM Page 10 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).