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: 7/27/2022 1:13 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: 7/27/2022 1:13 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 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. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.) . Written Comment
2. PUBLIC INPUT (CLOSED SESSION, SPECIAL AGENDA ITEMS, CONSENT
CALENDAR)
3. CLOSED SESSIONS
3.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1600 Ocean Front Walk, 6,449 sf. ft. (current), Santa Monica, California; City Negotiator: Elana Buegoff, Pier Administrator; Owner of Record: City of Santa Monica; Persons to be negotiated with: Heal the Bay; City of Santa Monica Generated: 7/27/2022 1:13 PM Page 4 Negotiators: Tracy Quinn, CEO and Marslaidh Ryan, Aquarium Director; Under negotiation: Building Lease Terms
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.
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. Award Bid and Enter into Agreement with Kennedy/Jenks Consultants, Inc., to Prepare a Recycled Water Master Plan
Recommended Action
Staff Recommends that the City Council:
1. Award RFP# 318 to Kennedy/Jenks Consultants, Inc., to provide professional services for the development of a Recycled Water Master Plan;
2. Authorize the City Manager to negotiate and execute a professional services agreement with Kennedy/Jenks Consultants, Inc., in an amount not to exceed $363,000 to provide professional services for the development of a Recycled Water Master Plan; and
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.B. Award Bid and enter into Agreement with Arcadis U.S., Inc. to Update the City's Domestic Water and Wastewater Master Plans
City of Santa Monica Generated: 7/27/2022 1:13 PM Page 5 Recommended Action
Staff Recommends that the City Council:
1. Award RFP# 317 to Arcadis U.S., Inc. to update the City’s Domestic Water & Sanitary Sewer Master Plans for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Arcadis U.S., Inc., in an amount not to exceed $805,160 over a five-year term; and
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.C. Award Construction Contract to Access Pacific, Inc. for Michigan Avenue Greenway & 20th Street Project
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2474 to Access Pacific, Inc. for construction services for the Michigan Avenue Greenway & 20th Street Project for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a contract with Access Pacific, Inc. in an amount not to exceed $2,110,170 (including a 15% contingency);
3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and
4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.D. Adoption of Resolution Making 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 25, 2022.
5.E. Adoption of Resolution Approving Final Tract Map No. 83099 for 710 Broadway
Recommended Action
Staff recommends that the City Council adopt the attached resolution approving Final Tract Map No. 83099 for a 61-unit airspace subdivision located at 710 Broadway to allow the commercial and residential components of the project to be separately leased, financed, or sold, the option of 280 residential units to be sold as condominiums, and to vacate a portion of an alley (7th Court).
5.F. Adoption of a Resolution accepting the tentative agreement and authorizing the City Manager to negotiate and execute Memoranda of Understanding with the California Teamsters Local 911 - New Item Received 7/22/2022 City of Santa Monica Generated: 7/27/2022 1:13 PM Page 6 Recommended Action
Staff recommends that the City Council:
1. Adopt the proposed Resolution (Attachment A) accepting the tentative agreement and authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the California Teamsters Local 911;
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.G. City Council - Regular Meeting - Jun 14, 2022 5:30 PM - New Item Received 7/22/2022
5.H. City Council - Special Meeting - Jul 14, 2022 6:00 PM - New Item Received 7/22/2022
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
8. CONTINUED ITEMS
8.A. 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 7/22/2022
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 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.
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.) City of Santa Monica Generated: 7/27/2022 1:13 PM Page 7
10.A. Introduction and First Reading of an Ordinance to Amend SMMC Sections
3.12.010 and 3.12.600 to allow non-electric pedicabs on Beach Bike-Path and recodify SMMC Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways
Recommended Action
Staff recommends that the City Council Introduce for First Reading an Ordinance to do the following: (1) amend SMMC Section 3.12.010, Traffic Regulations, to define “Beach Bike-Path” and “Beach Promenade”; (2) amend Chapter 3.12.600 to permit pedicab operations on the Beach Bike-Path; and (3) recodify Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways.
10.B. Second Reading and Adoption of an Ordinance approving the Ocean Avenue Project Development Agreement - New Item Received 7/22/2022 Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
11. STAFF ADMINISTRATIVE ITEMS
11.A. Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022 Ballot That Would Remove Sections 1011 and 1012 from the Santa Monica City Charter - New Item Received 7/22/2022
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would remove Sections 1011 and 1012 from the Santa Monica City Charter to allow the City Council to adopt an ordinance to establish and define the powers and duties of the Personnel Board in the Santa Monica Municipal Code; and
2. If the resolution placing an amendment to remove Sections 1011 and 1012 from the City Charter on the November 8, 2022, ballot (Attachment A) is approved, authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
11.B. Adoption of a Resolution to place a Real Property (Documentary) Transfer Tax revenue measure on the November 2022 Ballot. - New Item Received 7/22/2022 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 $20 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, should its additional revenue be used for: (a) services to address homelessness, protect City of Santa Monica Generated: 7/27/2022 1:13 PM Page 8 seniors and low-income residents from housing displacement, and behavioral health; (b) public safety and emergency response teams to address safety issues on City streets and in parks; (c) the reopening and staffing of public libraries; (d) after-school programs for public school children; and (e) crossing guards near public schools; 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.C. Ballot measure for business license tax on the sale, distribution, delivery, and consumption of cannabis. - New Item Received 7/22/2022
Recommended Action
Council could either direct staff to develop a cannabis study program that includes research to support the preparation of a comprehensive ordinance governing nonmedicinal commercial cannabis activity, a community outreach component, and a proposal to place a measure for a cannabis business license tax on the November 2024 general election ballot or adopt a resolution to place a cannabis business license tax measure on the November 2022 general election ballot.
11.D. Adoption of Resolutions for Proposed Ballot Measures on the November 8, 2022 Election Amending Article XVIII of the City Charter - New Item Received 7/22/2022
Recommended Actions
1. Per City Council direction on July 12, 2022, adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter reduce the Annual General Adjustment from 6% to 3%, effective January 1, 2023 to be placed on the November ballot; and
2. Per Council direction on July 12, 2022, adopt the attached resolution (Attachment B) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter to authorize the Rent Control Board to freeze or modify otherwise-allowed annual general adjustments to rent ceilings during a declared state of emergency by the President of the United States, the Governor, or upon a declaration of a local emergency by the City Council or Director of Emergency Services, while maintaining the landlord’s ability to petition for an upward rent adjustment; and
3. Authorize City Councilmembers to file written arguments for or against and direct the City Attorney to prepare an impartial analysis for each measure.
12. PUBLIC HEARINGS
No items
13. REPORTS OF BOARDS AND COMMISSIONS
City of Santa Monica Generated: 7/27/2022 1:13 PM Page 9 No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Business Meeting, to be held September 7 - 9, 2022, in Long Beach, California.
16.B. Request of Mayor Himmelrich and Councilmembers Davis and de la Torre that the City Council adopt and promote the attached statement against hate and direct the City Manager and City Clerk to incorporate its language into the City’s Code of Ethics and the City Council’s Code of Civility for public meetings. - New Item Received 7/22/2022
16.C. Request of Mayor Pro Tem McCowan that the City Council allocate up to $3,500 of their Discretionary Funds to the Santa Monica Sister Cities Association in support of travel to Brighton, England for the official signing of a Friendship City agreement with the City of Santa Monica. - New Item Received 7/22/2022
16.D. Request of Councilmembers de la Torre and Brock that the Council consider placing the attached proposed charter amendment, to encourage the payment of living wages, encourage the production of housing that is consistent with the proportion of affordable housing mandated by the Regional Housing Needs Assessment, and discourage irresponsible overdevelopment, on the November 2022 ballot for consideration by the voters. - New Item Received 7/22/2022
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 of Santa Monica Generated: 7/27/2022 1:13 PM Page 10 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).