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: 9/27/2022 1:09 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: 9/27/2022 1:09 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, SEPTEMBER 27, 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
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
3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): NMS 1539, LLC et al. v. City of Santa Monica, et al., Central District of California Case No. 2:20-cv-11318-FLA-JPR
3.B. Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation pursuant to Gov. Code § 54956.9(d)(2) (2 cases) - Revised Title. 9/23/2022
4. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 9/27/2022 1:09 PM Page 4
4.A. Commendations: Santa Monica Little League 16U All-Stars The following is the order of business for items to be heard no earlier than 7:00 p.m.
4.B. City Manager Report - Revised Title. 9/22/2022
Update on:
1. Permanent Parklet / Outdoor Dining transition
2. Proposed by-right development project at Ocean Park and Lincoln Blvd
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)
5.A. Approval of Amended and Restated Lease with Pacific Park at 380 Santa Monica Pier
Recommended Action
Staff recommends that the City Council:
1. Make a determination that the actions to execute a new Amended and Restated Lease Agreement and waive Pier Leasing Guideline’s competitive procurement requirement as set forth in recommended actions #2 and #3 are exempt under CEQA guideline 15061(b)(3) and 15302.
2. Authorize the City Manager to negotiate and execute a new Amended and Restated Lease Agreement with EPR Parks, LLC (Tenant) with respect to Pacific Park to extend the term of the lease, provide an additional two 10-year extension options to extend the term up to May 25, 2070, allow alcohol service subject to regulatory approvals, and incorporate additional new business terms as outlined in a Draft Term Sheet negotiated by the parties; and
3. Waive the Pier Leasing Guidelines competitive procurement requirement in granting the extension of lease term.
5.B. Approval of Fiscal Year 2022-23 Appropriation of Revenue and Expenditure Budgets for Donations Made to the We Are Santa Monica Fund to Support the Santa Monica Police Cadet Program
Recommended Action
Staff recommends that the City Council authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report to appropriate funds donated to the We Are Santa Monica Fund to expand the Police Cadet Program.
5.C. Approval to Extend the Council Public Input Pilot Until March 2023 City of Santa Monica Generated: 9/27/2022 1:09 PM Page 5 Recommended Action
Staff recommends that City Council extend the pilot program consolidating general public input and public comment on agenda items prior to Closed Session and after the Consent Calendar from December 31, 2022 to March 31, 2023.
5.D. Approval of Second Modification with Insight Public Sector, Inc. for Microsoft Enterprise Agreement
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10933 in the amount of $2,400,000 (including 10% contingency) with Insight Public Sector, Inc. for the purchase of Microsoft software licenses, including software license upgrades and license planning services for the Information Services Department. This will result in a 6- year amended agreement with a new total amount not to exceed $4,900,000, with future year funding contingent on Council budget approval.
5.E. Approval to Accept State Homeland Security grant funds to provide a countywide, emergency management training program serving all Santa Monica staff, all Operational Area cities, County departments, and special districts within the County of Los Angeles for the reporting period 2022 through 2025.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept federal grant funds allocated by the Department of Homeland Security to the State Homeland Security Grant Program. The State of California awarded the funds to the City of Santa Monica to provide a countywide, emergency management training program serving all Santa Monica staff, all Operational Area cities, County departments, and special districts within the county of Los Angeles. On behalf of the Los Angeles Operational Area, the City will accept two federal grants totaling $565,000 starting in 2022 and concluding at the end of the performance period in 2025.The two State Homeland Security Grants are titled as follows: State Homeland Security Grant fiscal year 2021 through 2023, and State Homeland Security Grant, fiscal year 2022 through 2024.
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.F. Adoption of Salary Resolution
Recommended Action
Staff recommends that the City Council adopt the attached Salary Resolution to establish a title change for an existing job classification and salary rates for various job classifications described herein.
5.G. Approval of a Purchase Order for the use Amazon Web Services (AWS) - New Item Received 9/22/2022
City of Santa Monica Generated: 9/27/2022 1:09 PM Page 6 Recommended Action
Staff recommends that the City Council authorize the City to issue a purchase order with DLT Solutions, a Tech Data Company, for Amazon Web Services (AWS) for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $1,237,500 (including a 10% contingency of $112,500), over a five-year period, with future year funding contingent on Council budget approval.
5.H. City Council - Regular and Special Joint Meeting - Sep 13, 2022 5:30 PM - New Item Received 9/22/2022
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 9 or 12-Items will be heard at the time when the Public Hearing is called.
7. STUDY SESSION
7.A. Memorial Park Expansion
Recommended Action
Staff recommends that the City Council:
1. Review and comment on restarting the Memorial Park Redevelopment and Expansion Project with a reduced initial phase that is still in line with the approved master plan;
2. Provide direction to staff to reengage Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) in negotiations for potential fiscal and use agreements; and
3. Direct staff to study possible temporary relocation sites for the Public Landscape Division’s operation yard and return with a recommended alternative.
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
9.A. Appeal of Landmarks Commission Decision to Deny Application to Designate 305 San Vicente as a City Landmark
City of Santa Monica Generated: 9/27/2022 1:09 PM Page 7 Recommended Action
Staff recommends that the City Council:
1. Deny Appeal 20ENT-0247, appeal of the Landmarks Commission’s decision to deny the designation of the property at 305 San Vicente Boulevard as a City Landmark; and
2. Deny Designation Application (20ENT-0119) to designate the property located at 305 San Vicente Boulevard as a City Landmark based on the findings contained in this report.
3. If the City Council approves the appeal and the application to designate the property as a City Landmark, as described in “Alternative Actions” adopt the alternative findings under “California Environmental Quality Act Compliance”.
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 Amending Santa Monica Municipal Code Section 4.08.097 to expand to other locations beyond Main Street and Downtown
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.B. Second Reading and Adoption of an Ordinance Approving the Military Equipment Use Policy
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
10.C. Introduction and First Reading of an Ordinance amending the Santa Monica Municipal Code and adopting Local Amendments to the 2022 California Green Building Code and adoption of a Resolution that provides findings of local climatic, geological, and topographical conditions as required by the Health and Safety Code
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code;
2. Introduce for first reading the attached ordinance that amends the Santa Monica Municipal Code (SMMC) by adding chapter 8.38 entitled, Zero Emission Building Code and amend Santa Monica Municipal Code section
8.08.040 to allow the Building and Fire Life Safety Commission to hear appeals related to the Zero Emission Building Code;
3. Introduce for first reading the attached ordinance that adopts local amendments to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging; and City of Santa Monica Generated: 9/27/2022 1:09 PM Page 8
4. Direct the City Manager to file the adopted resolution and ordinance amending the Green Building Standards Code with the California Building Standards Commission following the second reading of the ordinance at least 30 days before the effective date of the Codes.
11. STAFF ADMINISTRATIVE ITEMS
No items
12. PUBLIC HEARINGS
12.A. Public Hearing and Adoption of Resolution Approving the California Municipal Finance Authority (“CMFA”) to Issue Revenue Bonds for the Benefit of 710 Broadway Affordable, LP
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended; and,
2. Adopt a resolution approving the issuance of California Municipal Finance Authority bonds in an amount not-to-exceed $25,000,000 for the benefit of 710 Broadway Affordable LP or a related or successor entity for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 710 Broadway, Santa Monica.
12.B. Adoption of a Resolution and a Public Hearing to Approve the Establishment of a Pedestrian Mall on a Portion of First Court between Santa Monica Boulevard and Arizona Avenue; and Introduction and First Reading of an Ordinance modifying section 3.36.150 formally declaring First Court Promenade as a pedestrian mall and prohibiting vehicular traffic thereon Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve establishment of a pedestrian mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue (“First Court Promenade”); and
2. Confirm the determination that the environmental impacts regarding the establishment of First Court Promenade were analyzed in the Final Environmental Impact Report certified by City Council on July 14, 2022; and
3. Adopt the attached resolution ordering the establishment of First Court Promenade.
4. Introduce an ordinance for first reading modifying section 3.36.150 of Chapter 3 of the Santa Monica Municipal Code to formally declare First Court Promenade as a pedestrian mall; and prohibit vehicular traffic thereon.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
City of Santa Monica Generated: 9/27/2022 1:09 PM Page 9
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Recommendation to rescind the July 14, 2022, appointment of Kelly Creffield to the Human Services Commission; and, consider new appointment to the vacancy on the Commission with a term ending June 30, 2025
16.B. Recommendation to accept Bruce Malarky's resignation from the Airport Commission and authorize the City Clerk to publish the vacancy.
16.C. Request of Councilmember Brock that the City Manager provide City Council with an update on the proposed by-right mixed-use development project at Ocean Park and Lincoln Blvd. The City Manager is being asked to clarify a number of items and concerns raised by the Santa Monica Coalition for a Livable City including, but not limited to, the process for review and approval of the proposed development project, status of the application for the proposed development and the City’s review of the proposed project, the role of the City Council and Planning Commission in the review process, ways that the community can provide input, density bonus calculations, and statutory timeframes. - New Item Received 9/22/2022
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 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.
City of Santa Monica Generated: 9/27/2022 1:09 PM Page 10 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).