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
DOUGLAS SLOAN
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: 6/14/2022 2:09 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: 6/14/2022 2:09 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 14, 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 Government Code Section 54956.9(d)(1): Westin Rowland v. City of Santa Monica, U.S. District Court Case No. 2:21-CV-05051- CAS (AFM).
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCV15438. - Item pulled and will not be heard. 6/09/22 City of Santa Monica Generated: 6/14/2022 2:09 PM Page 4
1.C. 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. Proclamation: Juneteenth
2.B. 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 City Yards EIR Addendum, Hathaway Dinwiddie Change Order, and SCD License Agreement and Contract Modification
Recommended Action
Staff recommends that the City Council:
1. Review, approve, and adopt the addendum changes to the City Yards Master Plan Environmental Impact Report (SCH No. 2017111053), which analyzes environmental impacts of modifications to the City Yards Master Plan;
2. Authorize the City Manager to negotiate and execute a license agreement and contract modification to Contract #9011 (CCS) with Southern California Disposal, to revise terms and conditions that will result in four years of recyclable materials transfer services through 2026;
3. Authorize the City Manager to negotiate and execute a Guaranteed Maximum Price (GMP) fifth modification to Design-Build Contract #10371 (CCS) in the amount of $1,750,000 with Hathaway Dinwiddie Construction Company for design and construction services of the Resource Recovery and Recycling Transfer Facility Relocation as part of the City Yards Modernization – Package A Project for the Public Works Department. This would result in a five-year amended agreement with a new total amount not to exceed $87,273,039; and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
3.B. Award Construction and Construction Management Contracts for Annual Water Main Replacement Project
City of Santa Monica Generated: 6/14/2022 2:09 PM Page 5 Recommended Action
Staff Recommends that the City Council:
1. Award Bid #2640 to Colich and Sons, LP, to provide construction services for the FY 2020/21 Annual Water Main Replacement Project for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a contract with Colich and Sons, LP, in an amount not to exceed $6,530,160 (including a $851,760 contingency);
3. Authorize the Director of Public Works to issue any necessary change orders with Colich and Sons, LP. to complete additional work within contract authority;
3. Award Request for Proposal (RFP) #2640 to Willdan Engineering for construction management services for the FY 2020/21 Annual Water Main Replacement Project;
4. Authorize the City Manager to negotiate and execute an agreement with Willdan Engineering in an amount not to exceed $396,750.
3.C. Award Construction and Construction Management Contracts for Annual Wastewater Main Replacement Project
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2638 to Steve Bubalo Construction Company to provide construction services for the FY 2020/21 Annual Wastewater Main Improvements Citywide Project (Project) for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a contract with Steve Bubalo Construction Company in an amount not to exceed $4,103,895 (including a $535,290 contingency);
3. Authorize the Director of Public Works to issue any necessary change orders with Steve Bubalo Construction Company to complete additional work within contract authority;
4. Award RFP #SP2638 to Berg and Associates Inc. for construction management services for the Project;
5. Authorize the City Manager to negotiate and execute a contract with Berg and Associates Inc. to provide construction management services for the Project in an amount not to exceed $230,000.
3.D. Adoption of Resolution Approving Olympic Restoration and Arcadia Expansion Project Mitigated Negative Declaration Second Addendum City of Santa Monica Generated: 6/14/2022 2:09 PM Page 6 Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution to approve the second addendum to the Initial Study and Mitigated Negative Declaration for the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project to relocate groundwater recharge well SM-11i to the City Yards, add a potential second groundwater recharge well at the City Yards, and replace the existing fence at the Arcadia Water Treatment Plant.
2. Authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement #10873 in the amount of $276,301 with GHD Inc. to provide additional owner’s engineer services and construction support services for the Public Works Department. This would result in a fiveyear amended agreement with a new total amount not to exceed $1,527,401, with future year funding contingent on Council budget approval.
3.E. Approval of Contract Modification with Universal Protection Services, LP dba Allied Universal Security Services for Parking Structure Security Services Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a change order to purchase order #22101027 in the amount of $96,332 with Universal Protection Service, LP dba Allied Universal Security Services to provide parking structure security services for the Department of Transportation. This recommendation is made as an exception to the competitive bidding process pursuant to Section
2.24.250(g) and would result in a revised purchase order total not to exceed $339,132 with future year funding contingent on Council budget approval; and
2. Approve a cumulative total for Universal Protection Service, LP not to exceed $517,165 from December 1, 2018, through December 31, 2022.
3.F. Approval of Sixth Modification to Agreement 10667(CCS) with Siemen's for the Smart Building Commissioning (SBCx) of the Building Automation System (BAS)
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a sixth modification to agreement #10667(CCS) in the amount of $290,000 (includes a 10% contingency) with Siemens Industry Inc. (Siemens) to perform building optimization services for the Public Safety Facility (PSF), City Hall, and Main Library. This would result in a five-year contract with a new total amount not to exceed $1,505,847.
3.G. Approval of Third Modification to Agreement with BetterUp, Inc. for Care Program Support Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #11048 in the amount of $154,000 with BetterUp, Inc., to provide employee support services for one year, through June 30, 2023. This will result in a three-year amended agreement with a new total amount City of Santa Monica Generated: 6/14/2022 2:09 PM Page 7 not to exceed $446,500. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (a) with future year funding contingent on Council budget approval.
3.H. Approval of Santa Monica Travel and Tourism Fiscal Year 2022-23 Budget and Work Plan
Recommended Action
Staff recommends that the City Council approve the Santa Monica Tourism Marketing District Fiscal Year 2022-23 Budget and Work Plan.
3.I. Approval of Pier Corporation Fiscal Year 2022-23 Budget and Work Plan Recommended Action
Staff recommends that the City Council:
1. Approve the Santa Monica Pier Corporation Fiscal Year 2022-23 Budget and Work Plan;
2. Authorize the City Manager to execute a third modification to agreement #10101 with the Santa Monica Pier Corporation to extend the term through June 30, 2023;
3. Authorize the one-day reduction of Carousel Ticket Fare Rate to 5 Cents on September 15, 2022, in conjunction with the Santa Monica Pier Carousel Centennial Celebration.
3.J. Approval of Fourth Contract Modification with Carahsoft/Granicus for Electronic Agenda Management Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to Agreement 9784 (CCS) in the amount of $23,190 with Carahsoft/Granicus for an agenda management software system for the Records and Election Services Department. This will result in a 1 year amended agreement with a new total amount not to exceed $188,614, with future year funding contingent on Council budget approval.
3.K. Adoption of Resolution for AB 361 Findings Regarding 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 July 14, 2022.
3.L. Approval of Second Modification to Agreement with AdaptivEdge, LLC for data retention and classification label services - New item received 6/10/2022 Recommended Action
Staff recommends that the City Council authorize the City Manager to reinstate, negotiate and execute a second modification to agreement #3617 in the amount of $70,000 with AdaptivEdge, LLC for data retention and classification label services City of Santa Monica Generated: 6/14/2022 2:09 PM Page 8 for the Information Services Department. This will result in a four-year amended agreement with a new total amount not to exceed $148,355 with future year funding contingent on Council budget approval.
3.M. Approval of Second Modification to Professional Services Agreement with HR&A for 6th Cycle (2021-2029) Housing Element - New item received 6/10/2022
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #108300 (formerly #10830) in the amount of $89,000 and extend the term for one additional year, with HR&A Advisors Inc to Provide Additional Financial Analyses in Support of the City’s Housing Element. This will result in a four-year amended agreement with a new total amount not to exceed $418,900, with future year funding contingent on Council budget approval.
3.N. City Council - Regular Meeting - May 10, 2022 5:30 PM - New item received 6/10/2022
3.O. City Council - Special Meeting - May 11, 2022 6:00 PM - New item received 6/10/2022
4. STUDY SESSION
No items
5. CONTINUED ITEMS
No items
6. ADMINISTRATIVE PROCEEDINGS
6.A. Appeal of Landmarks Commission Decision to Designate 1665 Appian Way as a City Landmark
Recommended Action
Staff recommends that the City Council:
1. Approve Appeal 21ENT-0253, appeal of the Landmarks Commission’s decision to designate the property located at 1665 Appian Way as a City Landmark; and
2. Deny Designation Application 21ENT-0067 to designate the property located at 1665 Appian Way as a Landmark or Structure of Merit.
3. If the City Council disapproves the appeal and approves the designation application to designate the property as either a City Landmark or Structure of Merit, as described in Alternative Actions, adopt the alternative findings under “California Environmental Quality Act Compliance”.
6.B. Appeal of Determination by Landmarks Commission to Designate 631 Colorado Avenue as a City Landmark
City of Santa Monica Generated: 6/14/2022 2:09 PM Page 9 Recommended Action
Staff recommends that the City Council:
1. Approve Appeal 22ENT-0015, appeal of the Landmarks Commission’s decision to designate the property located at 631 Colorado Avenue as a City Landmark; and
2. Deny Designation Application 21ENT-0125 to designate the property located at 631 Colorado Avenue as a Landmark or Structure of Merit.
3. If the City Council disapproves the appeal and approves the designation application to designate the property as either a City Landmark or Structure of Merit, as described in Alternative Actions, adopt the alternative findings under “California Environmental Quality Act Compliance”.
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 Emergency Ordinance to Amend SMMC 7.16.020 Water Conservation Requirements - New item received 6/10/2022 Recommended Action
Staff recommends that the City Council:
1. Introduction and adoption of the attached emergency ordinance amending SMMC 7.16.020 on Water Conservation Requirements; and,
2. Obtain the City Council’s concurrence to implement Phase 2 Outdoor Water Restriction and limit outdoor watering to two (2) days per week.
8. STAFF ADMINISTRATIVE ITEMS
8.A. Adoption of Resolutions related to the General Municipal Election to be held on November 8, 2022
Recommended Action
Staff recommends that City Council adopt two resolutions to:
1. Call for a General Municipal Election to be held on November 8, 2022; and
2. Request that the Municipal Election be consolidated with the Los Angeles (LA) County Statewide General Election and request services from the LA County Registrar-Recorder for the General Municipal Election.
9. PUBLIC HEARINGS
No items
10. REPORTS OF BOARDS AND COMMISSIONS
No items
11. RESOLUTIONS
No items
City of Santa Monica Generated: 6/14/2022 2:09 PM Page 10
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 Public Safety Reform and Oversight Commission for a term ending on 6/30/2024
13.B. On May 10, 2022, the City Council directed the City Manager to return with a study session as soon as practicable on various items (e.g.., municipal code changes, taxes, permitting process, etc.) that are necessary to be part of any future action taken by the City Council to allow for any business or businesses involved in the sale, delivery, themed special events, and/or consumption of nonmedicinal cannabis in the City of Santa Monica. This item is a request of Councilmembers Brock, de la Torre, and Negrete asking the City Manager and City Attorney to prepare an ordinance enacting a tax on businesses engaged in the sale, distribution, delivery, and consumption of cannabis. The ordinance shall be prepared in a timely manner for the City Council to consider placing the tax on the November 8, 2022 ballot. The tax should be structured as a general tax and have no sunset date.
Implementation of certain aspects of the cannabis tax will be contingent on future actions taken by City Council resulting from the study session referenced above. - New item received 6/10/2022
13.C. Request of Councilmembers Brock, de la Torre and Parra that the Council direct the City Manager to annually prepare and publish a Diversity Report enabling the City Council and the residents of Santa Monica to evaluate the diversity of the City's employees, and the hiring, promotion and firing of City employees during the previous year. The contemplated report should provide at a minimum, age, race and gender. To the extent possible, the City Manager shall also evaluate the potential to include other demographic data including, but not limited to, ethnicity, sexual orientation, and national origin. - New item received 6/10/2022
City of Santa Monica Generated: 6/14/2022 2:09 PM Page 11
13.D. Request of Councilmembers Brock, de la Torre and Parra for the City Attorney to return to City Council with an ordinance amending Section 2.24.080 of the Santa Monica Municipal Code limiting the City Attorney’s ability, without City Council approval, to enter into any contract providing for payment of any legal services for new legal matters at hourly rates in excess of the following: • $400 per hour for attorneys with at least ten years' experience engaged in the practice of law; • $300 per hour for attorneys with less than ten years' experience engaged in the practice of law; • $400 per hour for consultants and experts who are not attorneys and are not employees of any law firm; and • $300 per hour for all other consultants and experts, and all investigators.
The maximum hourly rates above shall be adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor. Limited exceptions shall include specialized legal work, such as bonds, tax opinions, employment law, CEQA, environmental remediation, and water rights, in which the contract counsel will incur no more than twenty hours of work on the matter. - New item received 6/10/2022
13.E. Request of Councilmembers Brock, de la Torre and Parra that the Council direct the City Attorney to advise the City Council and provide options for consideration at the July 12, 2022 City Council meeting, including the appointment of independent special counsel, to handle litigation in which the City and one or more members of the City Council are named parties on opposite sides, so as to avoid the City Attorney being adverse to any member(s) of the City Council. - New item received 6/10/2022
13.F. Request of Councilmembers de la Torre and Brock that the City Manager explore and discuss with the California Coastal Commission what is needed to offer free parking in all beach parking lots for all residents who have a street parking permit in good standing. The City Manager will return to City Council with the results of those discussions along with any financial impacts. - New item received 6/10/2022
13.G. Request of Councilmembers Negrete and Parra and Mayor Pro Tem McCowan that the City Manager prepare a report pursuant to Section 9212 of the California Elections Code on an initiative with the following title prepared by the City Attorney that is seeking to qualify and be placed on the November 8, 2022 ballot: AN INITIATIVE MEASURE TO ESTABLISH ADDED FUNDING FOR
HOMELESSNESS PREVENTION, AFFORDABLE HOUSING, AND SCHOOLS BY AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.96 TO PROVIDE A
THIRD TIER TRANSFER TAX RATE FOR PROPERTY TRANSFERS OF
$8,000,000 OR MORE WITH AN ELEVEN MEMBER RESIDENT OVERSIGHT COMMITTEE The report prepared pursuant to Section 9212 of the California Elections Code shall be presented to City Council as soon as possible, but not later than July 26, 2022. - New item received 6/10/2022 City of Santa Monica Generated: 6/14/2022 2:09 PM Page 12
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. 14. Written Public Input
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).