City of Santa Monica
City Council Meeting
AGENDA
GLEAM DAVIS
MAYOR
PHIL BROCK LANA NEGRETE
COUNCILMEMBER MAYOR PRO TEM
CHRISTINE PARRA CAROLINE TOROSIS
COUNCILMEMBER COUNCILMEMBER
JESSE ZWICK 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: 1/31/2023 11:54 AM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(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 15-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: 1/31/2023 11:54 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JANUARY 24, 2023
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 (NON-AGENDA ITEMS)
2. PUBLIC INPUT (AGENDA ITEMS UNDER 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 Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835
3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa City of Santa Monica Generated: 1/31/2023 11:54 AM Page 4 Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027
3.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: Right-of-way adjacent to 1212 Third Street Promenade, Santa Monica, California; City Negotiators: David White, City Manager; Owner of Record: City of Santa Monica; Person to be negotiated with: Anthony Toru Toyokawa on behalf of Global Dining Inc. doing business as 1212; Under negotiation: Terms for Proposed License Agreement for the Operation of Sidewalk Dining
3.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: Right-of-way adjacent to 2654 Main Street, Santa Monica, California; City Negotiators: David White, City Manager; Owner of Record:
City of Santa Monica; Person to be negotiated with: Anthony Mollica on behalf of Trinacria Restaurants, Inc., dba: La Vecchia Cucina; Under negotiation:
Terms for Proposed License Agreement for the Operation of a Parklet
3.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): California Business Roundtable v. City of Santa Monica, et al., Los Angeles Superior Court Case Number 23SMCV00111
3.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Santa Monica Housing Council et al. v. City of Santa Monica, Los Angeles Superior Court Case Number 22STCV11610
3.G. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Jessica Villalobos-Martinez, Cameron Rowe v. City of Santa Monica; Los Angeles Superior Court Case No.: 21STCV04406
3.H. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): 1144 12th Street LP v. City of Santa Monica, Los Angeles Superior Court Case No. 22STCP03496
3.I. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Cristina Coria vs. City of Santa Monica, Case No. ADJ2596572 - New Item Received 1/20/2023
3.J. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 256 Santa Monica Pier, Santa Monica, California; City Negotiators: Jennifer Taylor, Economic Development Manager and Elana Buegoff, Pier and Beach Administrator; Owner of Record: City of Santa Monica; Persons to be negotiated with: Hospitality Industry Management Group, LLC D.B.A. Rusty’s Surf Ranch and Greg Morena; Under negotiation:
Price and Terms for Proposed Transfer of Leasehold and Extension of Lease Term - New Item Received 1/20/2023
City of Santa Monica Generated: 1/31/2023 11:54 AM Page 5 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. Proclamation: Black History Month
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 Authorize Agreements to Provide Citywide General Contracting Services
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4432 to Bayview Construction, Inc., Olympos Painting, Inc. and RAMCO, General Engineering Contractor, for citywide as-needed general contracting services as required by the Public Works Department.
2. Authorize the City Manager to negotiate and execute an agreement with Bayview Construction, Inc., in an amount not to exceed $340,000 for two years, with one additional three-year renewal option in the amount of $510,000 for a total amount not to exceed $850,000 over a 5-year period with future year funding contingent on Council budget approval.
3. Authorize the City Manager to negotiate and execute an agreement with Olympos Painting, Inc., in an amount not to exceed $750,000 for two years, with one additional three-year renewal option in the amount of $1,125,000 for a total amount not to exceed $1,875,000 over a 5-year period with future year funding contingent on Council budget approval.
4. Authorize the City Manager to negotiate and execute an agreement with RAMCO, General Engineering Contractor, in an amount not to exceed $900,000 for two years, with one additional three-year renewal option in the amount of $1,350,000 for a total amount not to exceed $2,250,000 over a 5- year period with future year funding contingent on Council budget approval.
5. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.
5.B. Adoption of a Resolution Authorizing the City to Accept Grant Funds from the California State Library's Building Forward Grant Program for the Main Library's Critical Systems Maintenance Project
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301 and Section 15302 of the California Environmental Quality Act.
2. Adopt the attached resolution authorizing the acceptance of grant funds in the amount of $268,948 from the California State Library’s Building Forward Grant Program for the Main Library’s Critical Systems Maintenance Project in the Library Department (“Grant”) and approve all renewals.
3. Authorize the City Manager to accept the Grant and all its renewals.
City of Santa Monica Generated: 1/31/2023 11:54 AM Page 6
4. Authorize the City Manager to execute all necessary documents to accept the Grant and approve all renewals.
5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.C. Award RFP No. 339 and enter into Agreement with HDL Coren & Cone to Provide Property Tax Information and Audit Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #339 to HdL Coren & Cone to provide property tax information consulting and audit services for the Finance Department; and
3. Authorize the City Manager to negotiate and execute a professional services agreement with HdL Coren & Cone, a California Corporation, in an estimated amount of $242,875 for five years, with one additional three-year renewal option on the same terms and conditions, with future year funding contingent on Council budget approval.
5.D. Approval of Contract with 9280-0366 Quebec Inc., dba Transit for Project to Implement Anonymous and Recurring Digital Intercept Survey to Capture Customer Sentiment for FTA's Enhancing Innovative Mobility (EMI) Demonstration Program Award of Grant Funds
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15306 (Class 6 Information Collection) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute an agreement with 9280-0366 Quebec Inc., dba Transit, a Montreal, Canada-based company, in an amount not to exceed $350,448 for three years, to develop a custom digital survey that will allow Big Blue Bus customers using the Transit smartphone app to better understand where Big Blue Bus can improve the customer experience. This recommended award is made as an exception to the competitive bidding process pursuant to 2.24.250 (b and f).
3. Authorize budget changes as outlined in the Financial Impact & Budget Actions section of this report.
5.E. Award Agreement to TCS Risk Management Services, LLC for Workers’ Compensation Program Data Analysis and Reporting Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
City of Santa Monica Generated: 1/31/2023 11:54 AM Page 7
2. Award RFP# 330 to TCS Risk Management Services, LLC (“TCS) for workers’ compensation program data analysis and reporting services;
3. Authorize the City Manager to negotiate and execute an agreement with TCS, in an amount not to exceed $437,897 over a five-year period, with future year funding contingent on Council budget approval.
5.F. Authorization to Accept the Farmers Market American Rescue Plan Market Match Grant
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to accept a grant awarded in the amount of $34,400 from the American Rescue Plan Act (ARPA) of 2021’s Market Match Program by subrecipient Sustainable Economic Enterprises of Los Angeles (SEE-LA) and to accept all subsequent grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant, grant renewals, and modifications; and
4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.G. Award Request for Proposal to Karpel Solutions for City Attorney's Office Criminal Case Management System
Recommended Action
Staff recommends that the City Council:
1. Award RFP #306 to Karpel Solutions for the City’s purchase of a case management software system for the Santa Monica City Attorney’s Office;
2. Authorize the City Manager to negotiate and execute an agreement with Karpel Solutions in an amount not to exceed $800,000 (including a $120,750 contingency) with a five-year term and a five-year extension option for the purchase of a case management system for the Santa Monica City Attorney’s Office and accompanying data hosting services, with future year funding contingent on Council budget approval.
3. Adopt a finding that the RFP is not a project within the meaning of the California Environmental Quality Act (Public Resources Code section 21000 et seq.)
5.H. Approval of Modification of Concession Agreement for Perry's Cafe and Beach Rentals
City of Santa Monica Generated: 1/31/2023 11:54 AM Page 8 Recommended Action
Staff recommends that the City Council:
1. Find that the action to execute a First Modification of Concession Agreement #10960 entered into between the City and Perry’s Beach Café and Rentals (“Concessionaire”), as set forth in recommendation No. 2, is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a First Modification of Concession Agreement #10960 (CCS) to allow for full alcohol service at four beach concession locations subject to Concessionaire’s procurement of local and state regulatory approvals.
5.I. Award Contract for Big Blue Bus Comprehensive Operational Analysis - New Item Received 1/20/2023
Recommended Action
Staff recommends that the City Council:
1. Staff recommends the Council adopt a finding of statutory exemptions pursuant to Section 15252 of the California Environmental Quality Act (CEQA) and Section 21080.25 of the Public Resources Code.
2. Award RFP# 329 to Transportation Management & Design, Inc., a Californiabased company, to conduct a Comprehensive Operational Analysis for the Department of Transportation, Big Blue Bus.
3. Authorize the City Manager to negotiate and execute an agreement with Transportation Management & Design, Inc., in an amount not to exceed $549,878 for two (2) years.
4. 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
7.A. Receive and File Sustainable City Plan, Policies, and Programs Recommended Action
Staff recommends that the City Council:
1. Receive and file the City’s Sustainability City Plan, Policies and Programs for the Public Works Department.
2. Adopt a finding of Categorical Exemption pursuant to Section 15307 of the California Environmental Quality Act (CEQA) Guidelines.
7.B. Public Process to Determine the Future of the Santa Monica Airport Recommended Action
Staff recommends that the City Council:
1. Confirm the goals, values, and principles that will guide the planning process for the future of the Santa Monica Airport ;
2. Confirm that the proposed process for community engagement, testing and City of Santa Monica Generated: 1/31/2023 11:54 AM Page 9 refinement is appropriate;
3. Confirm that the proposed scope, including Existing Conditions, Diverse and Inclusive Outreach, and Alternatives development is sufficient to support the City’s interest in identifying a preferred scenario.
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. Second Reading and Adoption of an Ordinance Modifying Santa Monica Municipal Code Section 4.44.020 to Enhance Enforcement of Prohibitions of Smoking in Multi-Unit Common Areas and Near Multi-Unit Residential Buildings
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
11. STAFF ADMINISTRATIVE ITEMS
No items
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
City of Santa Monica Generated: 1/31/2023 11:54 AM Page 10
16.A. Request of Mayor Pro Tem Negrete that the City Council allocate up to $25,000 of their Discretionary Funds to the SMAPA-Samohi Band, which is part of the Santa Monica Arts Parent Association, a 501 (c) (3). The funding will be used to offset the costs related to the planned Wind Ensemble and Chamber Orchestra performance tour in Ireland to cover expenses for participating students whose families cannot afford the cost of the tour. This is the first time in decades that Samohi Band and Orchestra students will tour together - New Item Received 1/20/2023
16.B. Request of Councilmembers Zwick and Brock that the City Council express their support for SB 4, the Affordable Housing on Faith Lands Act, a bill authored by Senator Scott Wiener that would allow faith institutions and nonprofit colleges to build 100% affordable housing on their property by-right and direct staff to send a letter of support to the author’s office. - New Item Received 1/20/2023
16.C. Request of Mayor Pro Tem Negrete, Councilmember Parra, and Councilmember de la Torre that the City Manager convene a meeting with Downtown Santa Monica, Inc. and stakeholders to discuss and develop strategies to revitalize the Third Street Promenade that shall include, but not be limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, zoning code amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performers. - New Item Received 1/20/2023
16.D. Request of Councilmember Torosis and Mayor Pro Tem Negrete Expediting an Equitable Post-Pandemic Recovery for Santa Monica’s Small Businesses - New Item Received 1/20/2023
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 to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the City of Santa Monica Generated: 1/31/2023 11:54 AM Page 11 scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council 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).