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
SUSAN Y. COLA
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 and on the internet at santamonica.gov. 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: 4/27/2022 5:06 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11405 (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 12:00 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. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public hearing is opened for that item. Register to speak at the Speaker Kiosk prior to the meeting and throughout the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers may donate 2 minutes to another person who may speak for a total of 4 minutes on that item. Both the donor of time and the designated speaker must submit their cards in person together.
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: 4/27/2022 5:06 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, APRIL 26, 2022
MEETING BEGINS AT 5:30 PM
WAYS TO PROVIDE REMOTE PUBLIC COMMENT:
Written public comment can be submitted via email to [email protected].
Written comments received prior to 12:00 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.
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 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 – 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.B. 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-1507-M.
The following is the order of business for items to be heard no earlier than 6:30 p.m.
2. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 4/27/2022 5:06 PM Page 4
2.A. Commendations: AYSO Western States Champions: Santa Monica “Storm”
2.B. Proclamation: City Clerks Week, May 1 - 7, 2022
2.C. Proclamation: Building Safety Month
2.D. Mental Health Month Proclamation
2.E. 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 the Proposed FY 2022-23 One-Year Action Plan Allocating Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Fund
Recommended Action
Staff recommends that the City Council:
1. Approve the Proposed 2022-23 Annual CDBG and HOME Action Plan (Attachment A).
2. Authorize the City Manager to submit all documents required to receive the City’s annual Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) entitlement grant funds to the U.S.
Department of Housing and Urban Development (HUD).
3.B. Present Annual Comprehensive Financial Report for Year Ended June 30, 2021 Recommended Action
Staff recommends that the City Council receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance with Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2021.
3.C. Authorization to Accept 2020 State Homeland Security Grant Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $205,000 from the 2020 State Homeland Security Grant Program;
2. Authorize the City Manager to execute all necessary documents to accept the grant and all associated grant renewals and modifications;
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
3.D. Approval of Contract Modification with California Panther Security to Provide Security Services Related to Pier Vending
City of Santa Monica Generated: 4/27/2022 5:06 PM Page 5 Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement #4865 with A.G. Coast, Inc, d/b/a CA Panther, for security services on and around the Santa Monica. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC 2.24.250(g), is for a total amount not to exceed $732,000 ($482,000 over the initial agreement amount of $250,000 under the City Manager’s authority) and will extend the term of the agreement through June 30, 2023.
3.E. Authorization to Approve a Purchase Order with Beam Global to Procure Three EV Arcs, Funded by a CalOES Grant
Recommended Action
Staff recommends that the City Council:
1. Authorize the City to issue a purchase order with Beam Global for three EV Arc solar and battery powered electric vehicle chargers for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $278,961 with future year funding contingent on Council budget approval.
3.F. Award Bid and Enter into Agreement with 3L Executive Services to provide bus fuel system repairs for Department of Transportation Recommended Action
Staff recommends that the City Council:
1. Award Bid # 4420 to 3L Executive Services for inspection and repairs of transit bus compressed natural gas fuel systems and tanks for the Department of Transportation and Fleet Management.
2. Authorize the City Manager to negotiate and execute an agreement with 3L Executive Services, in an amount not to exceed $856,568 which includes a $77,870 contingency over a five-year period with future year funding contingent on Council budget approval.
3.G. City Council - Special Meeting - Mar 15, 2022 5:30 PM - New Item Received 4/21/2022
3.H. City Council - Regular Meeting - Mar 22, 2022 5:30 PM - New Item Received 4/21/2022
3.I. City Council - Regular and Special Joint Meeting - Apr 12, 2022 5:30 PM - New Item Received 4/21/2022
4. STUDY SESSION
No items
5. CONTINUED ITEMS
City of Santa Monica Generated: 4/27/2022 5:06 PM Page 6
5.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022. (CONTINUED FROM 3/08/2022)
5.B. Appointment to one unscheduled vacancy on the Planning Commission for a term ending on 6/30/2025. (CONTINUED FROM 4/12/2022)
5.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2025. (CONTINUED FROM 4/12/2022)
6. ADMINISTRATIVE PROCEEDINGS
6.A. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code (SMMC) Section 9.08.020; and Appeals of Planning Commission's Denial of Two Conditional Use Permits to Allow Meal and Alcohol Service to the General Public at the Oceana Hotel’s Existing Restaurant
Recommended Action
Staff recommends Council take the following actions:
1. Adopt the determination that the proposal to open the Oceana Hotel’s existing restaurant to the public is exempt under CEQA Guideline Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance, permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant;
2. Introduce for first reading a proposed ordinance to amend Santa Monica Municipal Code Section 9.08.020 to establish a Conditional Use Permit (CUP) requirement for an existing legal, nonconforming hotel restaurant located within the R2 and R3 zoning districts to request approval to provide meal service to the general public, provided that certain criteria are met;
3. Grant the appeals of Planning Commission’s denial of two Conditional Use Permits associated with the Oceana Hotel’s request to 1) provide meal service to the general public pursuant to the proposed text amendment; and 2) modify the hotel’s existing alcohol CUP to provide service to the general public;
4. Approve Conditional Use Permits 20ENT-0237 and 21ENT-0090; and
5. Approve the 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 Chapter 2.48 of the SMMC consolidating the Commission on the Senior Community, Commission on the Status of Women, and the Social Services Commissions into a newly named Commission and repealing Chapters 2.56 and 2.60
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
City of Santa Monica Generated: 4/27/2022 5:06 PM Page 7
7.B. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code (SMMC) 11.04.050 Adjusting the City's Campaign Contribution Limit
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
7.C. Second Reading and Adoption of Ordinance Approving Providence St. John's Development Agreement
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
7.D. Introduction and First Reading of an Ordinance Approving the Military Equipment Use Policy
Recommended Action
Staff recommends that the City Council
1. Introduce for first reading the attached ordinance to approve the military equipment use policy in compliance with Assembly Bill 481.
2. Direct staff to bring the military equipment use policy to the Public Safety Reform and Oversight Commission so that the Commission has an opportunity to provide input before the ordinance approving the military equipment use policy returns to Council.
8. STAFF ADMINISTRATIVE ITEMS
8.A. Progress Update and Discussion on Revisions to 6th Cycle Housing Element Update and Modification of Professional Services Agreement with Wood LLC to Provide Additional Scope of Work for the Housing Element EIR Recommended Action
Staff recommends that City Council:
1. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11112 in the amount of $213,041 and extend the term by one additional year with Wood LLC, a professional environmental consulting company based in Washington D.C., to provide additional environmental consulting services for the Housing Element Environmental Impact Report (EIR). This will result in a three-year amended agreement with a new total amount not to exceed $580,427;
2. Receive an update on the status of responses to comments on the adopted 6 th Cycle Housing Element Update; and
3. Direct the City Manager to submit a letter advocating for legislative changes to provide for additional time beyond October 15, 2022 to complete rezoning.
9. PUBLIC HEARINGS
9.A. Public Hearing and Adoption of Resolution Ordering Vacation of Public Rightof-Way on 21st Street between Santa Monica Boulevard and Broadway City of Santa Monica Generated: 4/27/2022 5:06 PM Page 8 Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department;
2. Confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022; and
3. Adopt the attached resolution ordering the vacation with conditions.
9.B. Public Hearing and Adoption of Resolution for the 2022 Annual Water Shortage Assessment Report
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing and receive public comment for the proposed 2022 Annual Water Shortage Assessment Report; and
2. Approve the attached resolution adopting the 2022 Annual Water Shortage Assessment Report.
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. Request of Councilmembers Negrete, and Parra that, to enhance Latino/Hispanic heritage month and resident/family-focused programming on the Santa Monica Pier, Council direct staff to: (1) waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the annual Santa Monica Classic Car Show on the Santa Monica Pier tentatively scheduled for September 10, 2022 from 9-5 pm presented by the Pico Youth and Family Center; and (2) allocate up to $5,000 of Council discretionary funds to reimburse the Pico Youth and Family Center for documented expenditures to support sound, entertainment, and promotional materials for this event that will be free and open to the public.
City of Santa Monica Generated: 4/27/2022 5:06 PM Page 9
13.B. Request of Councilmember Brock that the City Council authorize use of his travel funds to attend the 2022 California Contract Cities Association Annual Municipal Seminar taking place May 12-15, 2022 in Indian Wells, California.
The California Contract Cities Association will be providing a 50 percent discount on registration.
13.C. Request of Councilmembers Brock and Parra that the City Manager, as part of the budget study session that is scheduled for May 24, 2022, provide information on what is needed (i.e., staffing, technology, and any other resources) to support hybrid City Council and Board and Commission meetings that would allow the public to provide public comment both in person and remotely. The City Manager is also being asked to provide information on the timeline to transition to hybrid meetings.
13.D. Request of Mayor Pro Tem McCowan and Councilmember Davis that the City Council allocate $25,000 of discretionary funds to Community Corporation of Santa Monica to support the upcoming marketplace at Brunson Terrace, located at 1819 Pico Blvd., an affordable housing property that will include commercial space for local Pico-based businesses, pop ups, workshops, and more. The marketplace was created in response to Pico community stakeholders expressing the need for an affordable, small business space. - New Item Received 4/21/2022
13.E. Request of Mayor Pro Tem McCowan and Councilmember Negrete that the City Council approve the (1) waiving of fees associated with the partial use of the Pier deck parking lot on Thursday, May 26, 2022 from 5 – 8 pm for the Rick Crocker 5K Walk Run Challenge sponsored by the Police Activities League (PAL) and (2) allocate up to $5,000 of discretionary funds to reimburse PAL for documented expenditures to support sound, entertainment and seating for this event which will be free and open to the public. - New Item Received 4/21/2022
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.)
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 City of Santa Monica Generated: 4/27/2022 5:06 PM Page 10 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).