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: 8/29/2022 11:56 AM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11427(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 comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to 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 appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.
Both the donor of time and the designated speaker must register at the Speaker Kiosk 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. General 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).
2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).
3. Closed Session.
4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
5. 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).
6. Public Comment on remaining Agenda Items
7. Study Session.
8. Continued Items.
9. Administrative Proceedings.
10. Ordinances:
• 1
st Reading
• 2
nd Reading
11. Staff Administrative Item.
12. Public Hearings.
13. Reports of Boards and Commissions.
14. Resolutions.
15. Written Communications (other than
Reports of Commission and Officers).
16. Councilmember Discussion Items.
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: 8/29/2022 11:56 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR AND SPECIAL JOINT MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 28, 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.
Any Items not heard on the August 23rd agenda, will be continued to an Adjourned meeting on August 24th at 6:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
1. 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.)
1.A. Written Comments
2. PUBLIC INPUT (CLOSED SESSION, SPECIAL AGENDA ITEMS, CONSENT
CALENDAR ONLY)
3. CLOSED SESSIONS
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 4
3.A. 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 7:00 p.m.
4. SPECIAL AGENDA ITEMS
4.A. LGBTQIA+ Pride Month Proclamation
4.B. City Manager Report
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)
5.A. Approval of Second Modification to Professional Services Agreement with RNC Capital Management LLC for investment management services Recommended Action
Staff recommends that the City Council award RFP 308 to RNC Genter Captial Management LLC (RNC) and authorize the City Manager to negotiate and execute a second modification to agreement #10366 (CCS) with RNC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds extending the term of the agreement for an additional five years for a total term of ten years and nine months. Management fees are determined by the market value of the assets under management, which varies over time based on market conditions. The portfolio value as of April 30, 2022 , was approximately $17.1 million. Assuming an increase in the portfolio value of 5% per year, staff estimates fees totaling approximately $600,000 for the additional five-year term.
5.B. Approval of purchase agreement to purchase twenty-five (25) cemetery plots back from The Independent Order of Odd Fellows.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a purchase and sale agreement with The Independent Order of Odd Fellows, in an amount not to exceed $87,500 for the purchase of twenty-five cemetery burial plots;
2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 5
5.C. Award Bid to Cummins Inc. for Engine Parts
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4425 to Cummins Inc. for the purchase of Cummins engine parts for transit buses and Fire Department heavy-duty apparatus for the Transportation and Fire Departments;
2. Authorize the Procurement Manager to issue a purchase order with Cummins Inc. to provide replacement parts for Cummins engines on transit buses and Fire Department apparatus in the amount not to exceed $3,863,762 which includes a 10% contingency over a five-year period, with future year funding contingent on Council budget approval.
5.D. Approval of Term Extension for Seismic Peer Review Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to the following three agreements:
1. Agreement #10635 (CCS) with Degenkolb Engineers for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-andone-half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval;
2. Agreement #10636 (CCS) with IDS Group for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-andone-half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval;
3. Agreement #10637 (CCS) with JAS Pacific for seismic retrofit plan review services for the Community Development Department. The proposed twoand-a-half-year extended term and additional $200,000 in authority will result in a six-and-one-half year amended agreement with a new total amount not to exceed $625,000, with future year funding contingent on Council budget approval.
5.E. Award Request for Proposal and Enter into Agreement with Cotton, Shires and Associates, Inc. for Geotechnical Engineering Services
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 6 Recommended Action
Staff recommends that the City Council:
1. Award RFP# 323 to Cotton, Shires and Associates, Inc. for geotechnical engineering services for the Community Development Department, and
2. Authorize the City Manager to negotiate and execute an agreement with Cotton, Shires and Associates, Inc., in an amount not to exceed $45,000 (for one year, with four-additional one-year renewal options in the amount of $45,000, on the same terms and conditions) for a total amount not to exceed $225,000 over a five-year period, with future year funding contingent on Council budget approval.
5.F. Award Bid to Wincal Technology Corporation for Transit Bus On-Board Surveillance System Inspection and Repairs
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4424 to Wincal Technology Corporation for inspection and repairs to surveillance systems on board transit buses for the Department of Transportation, Big Blue Bus (BBB) Division.
2. Authorize the City Manager to negotiate and execute an agreement with Wincal Technology Corporation, in an amount not to exceed $684,361 which includes a 10% contingency over a five-year period, with future year funding contingent on Council budget approval.
5.G. Award Request for Proposal and Enter into Agreements for Recreational Community Classes and Camps
Recommended Action
Staff recommends that the City Council:
1. Award RFP #305 to Santa Monica Baseball Academy, Super Soccer Stars, Sarah Marsh, and Skateside, LLC for operating specialty recreational classes and camps for the Community Services Department;
2. Authorize the City Manager to negotiate and execute an agreement with Santa Monica Baseball Academy in an amount not to exceed $300,000 (for one year, with two additional one-year renewal option(s) in the amount of $300,000, on the same terms and conditions) for a total amount not to exceed $900,000 over a three-year period, with future-year funding contingent on Council budget approval;
3. Authorize the City Manager to negotiate and execute an agreement with Super Soccer Stars in an amount not to exceed $250,000 (for one year, with two additional one-year renewal option(s) in the amount of $250,000, on the same terms and conditions) for a total amount not to exceed $750,000 over a three-year period;
4. Authorize the City Manager to negotiate and execute an agreement with Sarah Marsh in an amount not to exceed $200,000 (for one year, with two additional one-year renewal option(s) in the amount of $200,000, on the same terms and conditions) for a total amount not to exceed $600,000 over a threeyear period, with future-year funding contingent on Council budget approval; and
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 7
5. Authorize the City Manager to negotiate and execute an agreement with Skateside, LLC in an amount not to exceed $200,000 (for one year, with two additional one-year renewal option(s) in the amount of $200,000, on the same terms and conditions) for a total amount not to exceed $600,000 over a threeyear period, with future-year funding contingent on Council budget approval.
5.H. Approval of Contract Modification with Open Counter Enterprises, Inc. for Permitting Technology Solutions
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to agreement #4384 for $228,281 with Open Counter Enterprises, Inc. for a modern technology platform supporting Special Events permitting processes. This will result in an eight-year amended agreement with a new total amount not to exceed $458,381 with future year funding contingent on Council budget approval.
5.I. Adoption of a Resolution accepting the tentative agreements and authorizing the City Manager to negotiate and execute Memoranda of Understanding with the Public Attorneys Union (PAU) and and the Public Attorneys’ Legal Support Staff Union (PALSSU) and a Side Letter of Agreement with the Coalition of Santa Monica Employees (Coalition), and revise the Executive Pay Plan Recommended Action
Staff recommends that the City Council:
1. Adopt the proposed Resolution (Attachment A) accepting the tentative agreements and authorizing the City Manager to negotiate and execute Memoranda of Understanding with the Public Attorneys Union (PAU) and the Public Attorneys’ Legal Support Staff Union (PALSSU) and a Side Letter of Agreement with the Coalition of Santa Monica Employees (Coalition), and revise the Executive Pay Plan (EPP);
2. Adopt the salary schedule (Attachment B); and
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.J. Approval of Cancellation of Regular City Council Meeting for August 9, 2022 Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting scheduled for August 9, 2022, due to a lack of a quorum for the summer break.
5.K. City Council - Regular Meeting - May 24, 2022 5:30 PM
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 8
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)
10.A. Introduction and Adoption of Urgency Ordinance Amending Allowed Parade Routes
Recommended Action
Staff recommends that the City Council introduce and adopt the attached emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 on parade routes to promote public safety and welfare.
10.B. Introduction and First Reading of Ordinance Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program and Adoption of a Resolution Establishing Fees
Recommended Action
Staff recommends that the City Council:
1. Introduce for First Reading an Ordinance adopting Santa Monica Municipal Code Chapter 6.42 to establish a permanent Santa Monica Outdoors Parklet Program;
2. Adopt a Resolution establishing monthly license fees for the Santa Monica Outdoors Parklet Program; and
3. Adopt the CEQA findings in the staff report under “Compliance with the California Environmental Quality Act”.
11. STAFF ADMINISTRATIVE ITEMS
11.A. Adoption of resolution to place revenue measure on the November 2022 Ballot and amend the relevant ordinance to reflect the proposed revenue measure and additional clarifying changes
Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution to place a measure on the November 8, 2022 ballot which would increase the City’s Transient Occupancy Tax (TOT) rate by 1 percentage point for hotels and by 3 percentage points for home-shares, and make minor adjustments to Chapter 6.68 of the Santa Monica Municipal Code to clarify existing language and align outdated sections with existing practices.
2. Identify Council Members, if any, who wish to prepare arguments for or against the measure.
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 9
12. PUBLIC HEARINGS
. SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AND PARKING
AUTHORITY
. ROLL CALL
12.A. Adoption of the Second Year of the FY 2021-23 Biennial Budget, Adoption of the First Year and Approval of the Second Year of the FY 2022-24 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:
1. Adopt a Resolution of the City Council of the City of Santa Monica adopting the FY 2022-23 Operating Budget and adopting the first year and approving the second year of the FY 2022-24 Biennial Capital Improvement Program Budget at Attachment A, as amended by Attachment D;
2. Adopt a Resolution of the Housing Authority of the City of Santa Monica adopting the FY 2022-23 Operating Budget and adopting the first year and approving the second year of the FY 2022-24 Biennial Capital Improvement Program Budget at Attachment B, as amended by Attachment D; and
3. Adopt a Resolution of the Parking Authority of the City of Santa Monica adopting the FY 2022-23 Operating Budget and adopting the first year and approving the second year of the FY 2022-24 Biennial Capital Improvement Program Budget at Attachment C, as amended by Attachment D.
Staff also recommends that the City Council:
4. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fee schedule to establish and revise certain permit and user fees and charges (Attachment E);
5. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fine schedule to establish and revise the administrative citation schedule of fines for certain violations of the Santa Monica Municipal Code (Attachment F);
6. Adopt a Resolution the City Council of the City of Santa Monica establishing parking rates and permit fees for all City parking facilities and resources (Attachment G);
7. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment H) and approve the position and classification changes (Attachment I);
8. Adopt a Resolution of the City of Santa Monica establishing the Gann appropriations limit for FY 2022-23 (Attachment J);
9. Adopt a Resolution incorporating a project funded by SB1: The Road Repair and Accountability Act (Attachment K);
10.Accept Continuum of Care Program Grant funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $4,447,586 to serve the homeless and disabled populations with housing subsidies. The funding for this grant is already included in the FY 2022-23 Proposed Budget; City of Santa Monica Generated: 8/29/2022 11:56 AM Page 10
11.Authorize the City Manager to accept a grant award in the amount of $24,777 from the U.S. Department of Justice (DOJ) Bureau of Justice Assistance the 2021 Bulletproof Vest Partnership (BVP) Grant to support the replacement of bulletproof vests and execute all necessary documents to accept the grant and all grant renewals. The funding for this grant is already included in the FY 2022-23 Proposed Budget;
12.Authorize the City Manager to accept a grant award in the amount of $54,255 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) for implementation of the JAG 2021 Project “Overtime Operations and Equipment to Keep Neighborhoods Safe” and execute all necessary documents to accept the grant and all grant renewals;
13.Authorize the City Manager to negotiate and execute a fourth modification to Contract No. 10684 (CCS) with West Coast Care Foundation in the amount of $150,000 for homeless outreach services. This will result in a six-year amended contract not to exceed $1,150,000; and
14.Approve a new Citywide policy to provide six weeks of Paid Parental leave at 100% of the employee’s salary effective July 1, 2022.
15.Authorize the City Manager to negotiate and execute a memorandum of understanding for one year with the Santa Monica-Malibu Unified School District (SMMUSD) to provide supervised, afterschool playtime at SMMUSD’s elementary schoolyards.
. ADJOURNMENT OF SPECIAL JOINT MEETING
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Annual Appointments to the following Boards and Commissions:
Board/Commission No. of
Seats
Term
End Date
Special Requirements
Airport Commission 1 6/30/2026
Architectural Review Board 2 6/30/2026
At least one shall be a
professional licensed
architect.
Arts Commission 2 6/30/2026 Reside or work in
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 11 Santa Monica
Commission on Sustainability,
Environmental Justice and the
Environment
2 6/30/2026
Disabilities Commission 3 6/30/2026
At least two must be selfidentified persons with a
disability.
Downtown Santa Monica, Inc. 3 6/30/2026
Shall be City residents or
persons who are employed,
own property or hold
business licenses in the
City of Santa Monica.
Housing Commission 2 6/30/2026
Landmarks Commission 3 6/30/2026
At least one must be a local
historian and one an
architectural historian.
Personnel Board 1 6/30/2027
Planning Commission 1 6/30/2026
Public Safety Reform and Oversight
Commission 2 6/30/2026
Recreation and Parks Commission 2 6/30/2026
Santa Monica Library Board 2 6/30/2026
Santa Monica Travel & Tourism, Inc. 3 6/30/2026
Shall be from Santa
Monica's community and
business leadership.
16.B. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on 6/30/2024.
16.C. Request of Councilmembers Oscar de la Torre, Christine Parra and Phil Brock to allocate $10,000 in City Council discretionary funds for the City Attorney to provide a legal review of the deed of March 3, 1888 by Arcadia Bandini granting beachfront property specifically and permanently for the healing and enjoyment of disabled veterans of the United States "the residents of the home". Acknowledge and confirm that the same language is written into the separate deed for the 300 acres, inland, that was executed on the same day, by the same attorney, of the same benefactors, for the same beneficiaries:
Disabled Veterans. Confirm that this two-deed, March 3, 1888, vision of Arcadia Bandini and Senator Jones mirrored the, March 4,1865, sentiment in President Abraham Lincoln's Inauguration speech, "to care for him that shall have borne the battle, his widow and his orphans". Provide background on the history of the Pacific Branch of the National Home for Disabled Volunteer Soldiers before Brentwood, Westwood, and UCLA were thought of. Confirm that in 2018 the Office of the Inspector General of the DVA, upheld a challenge by advocates for veterans citing that UCLA, Brentwood School and Maverick Energy (oil drilling) were "void", therefore illegal, Leases. • Assess if the Camp Lejeune Act supports this challenge? City of Santa Monica Generated: 8/29/2022 11:56 AM Page 12 • Ensure that land and funds promised to support veterans actually reach the intended recipients.
• Assess the need to issue an RFP to create a green, sustainable, complex for Veterans on the designated site or assess how funds generated from these properties might support much needed services for our unhoused disabled veterans.
A municipality that was, against the language of the Deed, allowed to control this beachfront property by the State of California, that also violates the Deed, must do the legal, moral, and ethical thing and, like the City of Manhattan Beach, acknowledge the deed exists and inform the State of California that this is land with the specific purpose to have a "pavilion" and a beach-house" for the "residents" of the "home" (WLA). America's moral obligation to genuinely care for her defenders belongs here, permanently, and the beachfront property is an integral part of the vision to keep that obligation alive.
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).