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: 7/8/2022 8:10 PM 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: 7/8/2022 8:10 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 12, 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. 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.)
2. PUBLIC INPUT (CLOSED SESSION, SPECIAL AGENDA ITEMS, CONSENT
CALENDAR ONLY)
3. CLOSED SESSIONS
3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Oscar de la Torre v. City of Santa Monica, Los Angeles Superior Court, Case No. 21STCV08597
City of Santa Monica Generated: 7/8/2022 8:10 PM Page 4
3.B. 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. - New Item Received 7/08/2022 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. 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. Adoption of Resolution for California Department of Resources Recycling and Recovery (CalRecycle) Grants
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application for grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) to reduce, recycle and reuse solid waste generated in the state.
2. Authorize the City Manager to execute all necessary documents to apply for all grants, accept the grants, if awarded, and accept all grant renewals, if awarded.
5.B. Award Professional Services Agreement to Craftwater Engineering, Inc. to Prepare Feasibility Studies & Design Concept Reports for MS4 Compliance and Trash Reduction Projects
Recommended Action
Staff recommends that the City Council:
1. Award RFP #2651 to Craftwater Engineering, Inc. to provide technical engineering services, develop feasibility studies, and provide design concept reports for Watershed projects for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a professional services agreement with Craftwater Engineering, Inc., in an amount not to exceed $302,300 (including a 15% contingency).
5.C. Authorization to enter into Agreement with Vortex Aquatic Structures International for the Virginia Avenue Park Splash Pad Repairs City of Santa Monica Generated: 7/8/2022 8:10 PM Page 5 Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a design-build agreement with Vortex Aquatic Structures International (Vortex) for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park 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 an amount not to exceed $271,483 (including a 14% contingency).
5.D. Adoption of a 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 August 11, 2022.
5.E. Approval of First Modification to Agreement with Intercare Holdings Insurance Services, Inc. for Workers' Compensation Claims Administration Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10506 in the amount of $1,090,267 with Intercare Holdings Insurance Services, Inc. (Intercare) for workers’ compensation claims administration services. This will result in an eight-year amended agreement with a new total amount not to exceed $2,789,776, with future year funding contingent on Council budget approval.
5.F. Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order.
5.G. Approval of First Modification to Agreement #11181 with Montrose Environmental for additional Operation, Maintenance, and Monitoring of the Landfill Gas Management System
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #11181 in the amount of $300,000 with ES Engineering Services DBA Montrose Environmental for the operation, maintenance, and monitoring of the Landfill Gas Management System for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $1,015,211, with future year funding contingent on Council budget approval.
City of Santa Monica Generated: 7/8/2022 8:10 PM Page 6
5.H. Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc. for Preparation of a Report Pursuant to Section 9212 of the California Elections Code on a Citizens’ Ballot Initiative - New Item Received 7/08/2022
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #108300 (formerly #10830) with HR&A Advisors Inc. in the amount of $36,000 to prepare a Ballot Measure Impact Report, pursuant to California Elections Code Section 9212, for the proposed 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, that is seeking to qualify and be placed on the November 8, 2022 ballot. This will result in a four-year amended agreement with a new total amount not to exceed $454,900, 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 Municipal Employees Association, Santa Monica Firefighters Local 1109 (1109), Santa Monica Police Officers Association and the Supervisory Team Association and a Side Letter Agreement between the City and 1109 - New Item Received 7/08/2022
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 Municipal Employees Association (MEA), Santa Monica Firefighters Local 1109 IAFF (1109), Santa Monica Police Officers Association (POA) and the Supervisory Team Association (STA) and a Side Letter Agreement with the Santa Monica Firefighters Local 1109 IAFF;
2. Adopt the salary schedule (Attachment B); and
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
City of Santa Monica Generated: 7/8/2022 8:10 PM Page 7 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. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
11. STAFF ADMINISTRATIVE ITEMS
11.A. Adoption of a Resolution to place a Real Property (Documentary) Transfer Tax revenue measure on the November 2022 Ballot.
Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution to place a transfer tax measure and advisory measure on the November 8, 2022 ballot (Attachment A), which would:
a) Amend Chapter 6.96 of the Santa Monica Municipal Code to establish an additional third tier transfer tax rate of $15 per thousand dollars of consideration or property value transferred, which would apply solely to the amount of consideration or value transferred in excess of $8 million, subject to certain exemptions, and be collected in addition to existing transfer tax rates that apply to the entire transfer amount; and b) Allow voters to express their preference that if the Comprehensive Real Property Transfer Tax Measure is adopted, funds should be used to fund: (a) services to address homelessness and mental health, (b) public safety and emergency response teams to address safety issues on City streets and in parks, (c) the reopening and staffing of all public libraries, (d) after-school and post-COVID recovery programs for public school children, (e) traffic safety improvements around schools, including crossing guards, and (f) transitional housing and shelters; and
c) Identify Council Members, if any, who wish to prepare arguments for or against each measure; and
d) Direct the City Attorney to prepare an impartial analysis of each measure.
11.B. Adoption of Resolutions for Proposed Ballot Measures on the November 8, 2022 Election Amending Articles XVIII and XXIII of the City Charter Recommended Actions
Staff recommends that the City Council:
1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would amend Article XXIII of the City Charter to City of Santa Monica Generated: 7/8/2022 8:10 PM Page 8 establish a rent registry for Nonrentcontrolled Rental Units; or, alternatively, approve the first reading of an ordinance to establish a rent registry for Nonrentcontrolled Rental Units (Attachment B).
2. If the resolution placing an amendment to Article XXIII of the City Charter on the November 8, 2022, ballot (Attachment A) is approved, authorize City Councilmembers to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
3. Adopt the attached resolution (Attachment C) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter to • Revise requirements for owners to evict tenants for owner-occupancy; • Revise election procedures;
• Revise Commissioner term limits; and
• Authorize the Rent Control Board to impose a rent freeze during a declared emergency.
4. If the resolution placing an amendment to Article XVIII of the City Charter on the November 8, 2022, ballot (Attachment C) is approved, authorize City Councilmembers to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
11.C. Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022 Ballot to Amend Section 1011 of the City Charter - New Item Received 7/08/2022
Recommended Action
Staff recommends that the City Council adopt the attached resolution (Attachment A) submitting to the voters a measure amending City Charter Section 1011 to change the eligibility requirements for service on the Personnel Board to include, in addition to City residents, residents of Los Angeles County who are natural persons and are either employed full-time within the City, or who own real property in the City, or who have been issued a business license by the City, and to reduce the term of service for Board members from five years to four years; and to direct actions necessary to place the measure on the November 8, 2022 Municipal ballot.
If the resolution placing an amendment to Section 1011 of the City Charter on the November 8, 2022, ballot (Attachment A) is approved, staff also recommends that the Council authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
11.D. Certification of Qualified Initiative Petition Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools and Adoption of Resolution to Place Measure on the November 8, 2022 Ballot - New Item Received 7/08/2022
Recommended Action
Staff recommends that the City Council:
1. Receive and file the attached Certification of Qualification regarding 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 City of Santa Monica Generated: 7/8/2022 8:10 PM Page 9 of $8,000,000 or more with an Eleven-Member Resident Oversight Committee;
2. Adopt the attached resolution requesting and directing the actions necessary to place the measure on the November 8, 2022 General Municipal ballot.
12. PUBLIC HEARINGS
No items
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. Appointments to Nine Seats on the Newly Created Human Services Commission for Two Partial Terms Ending on 6/30/2023, Two Partial Terms Ending on 6/30/2024, Two Partial Terms Ending on 6/30/2025, Two Full-Terms Ending on 6/30/2026 and One Full-Term Ending on 6/30/2027 - New Item Received 7/08/2022
16.B. Recommendation to accept Kathleen M. Zadikian's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy. - New Item Received 7/08/2022
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 City of Santa Monica Generated: 7/8/2022 8:10 PM Page 10 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).