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: 2/27/2023 10:46 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: 2/27/2023 10:46 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR AND SPECIAL JOINT MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, FEBRUARY 28, 2023
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN 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.
To listen to the livestream of this meeting, please call (310) 883-7522 (US), ID Number 583431990#
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.)
2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
3. CLOSED SESSIONS
3.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 3200 Airport Avenue (~8,500 sf), Santa Monica, California; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director; Owner of Record: City of Santa Monica; Persons to be negotiated with Clover Restaurants, Inc.; Under negotiation: Restaurant Lease Terms - New Item Received 2/23/2023
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 4
3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): City of Santa Monica et al. v. 1238 10th Street, LLC, et al., Case No. 21SMCV01585 - New Item Received 2/23/2023
3.C. 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(JPRx) - New Item Received 2/23/2023
3.D. Conference with Legal Counsel – Anticipated Litigation – Regarding facts and circumstances that might result in litigation against the City pertaining to California Government Code section 65589.5(d): WS Communities v. City of Santa Monica - New Item Received 2/23/2023
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's Report
4.B. Proclamation: Kiwanis Day 2/28/23 - New Item Received 2/23/2023
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. 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.)
5.A. Award Agreement for City Wide Plumbing Contractor Services City of Santa Monica Generated: 2/27/2023 10:46 AM Page 5 Recommended Action
Staff recommends that the City Council:
1. Award Bid #4433 to Plumbing by Todd R. Marsh, Inc. dba TRM Services and Verne’s Plumbing, for citywide as-needed plumbing contracting services as required by the Public Works Department.
2. Authorize the City Manager to negotiate and execute an agreement with TRM Services, 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.
3. Authorize the City Manager to negotiate and execute an agreement with Verne’s Plumbing, in an amount not to exceed $500,000 for two years, with one additional three-year renewal option in the amount of $750,000 for a total amount not to exceed $1,250,000 over a 5-year period with future year funding contingent on Council budget approval.
4. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.
5.B. Approval of Agreement with Gillig LLC to Purchase Fifteen 35-foot Battery Electric Buses
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute an agreement with Gillig LLC to furnish and deliver up to fifteen 35-foot battery electric buses to the Santa Monica Department of Transportation. 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 $18,147,670 with future year funding contingent on Council budget approval;
2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report;
3. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.
5.C. Award Bid SP2486 to Swinerton Builders for the 3200 Airport Ave Renovation Project
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 6 Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2486 to Swinerton Builders for the construction of the 3200 Airport Avenue building renovation for the Public Works Department;
2. Authorize the City Manager to negotiate and execute a contract with Swinerton Builders, in an amount not to exceed $9,084,792 (including a $1,184,973 contingency);
3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
4. Award Bid #SP2486 to Totum Corporation for construction management services for the Public Works Department;
5. Authorize the City Manager to negotiate and execute an agreement with Totum Corporation, in an amount not to exceed $653,793.
6. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines.
5.D. Authorization of 6th Modification to Contract #8928 with Trapeze, Inc. for Vehicle and Operator Scheduling Systems
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. Authorize the City Manager to negotiate and execute a sixth modification to #8928 (CCS) for $527,781 with Trapeze Group to extend maintenance support of the Trapeze operator and vehicle scheduling systems for two additional years through June 30, 2025, to configure the operator scheduling module to accommodate a shortened workweek in an effort to improve operator work-life balance for staff retention purposes, to add up to two additional absence codes to the OPS Timekeeping module, and to train staff on the use of the Timekeeping module. This will result in a 13-year amended agreement with a new total amount not to exceed $3,666,991 with future year funding contingent on Council budget approval.
5.E. Authorization to Accept a Donation from Kiwanis Charities of Santa Monica to Purchase and Install Scoreboards at Los Amigos Park and Historic Belmar Park
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the scoreboards are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Class 11 Accessory Structures) of the CEQA Guidelines;
2. Authorize the City Manager to accept a donation in the amount of $70,000 from Kiwanis Charities of Santa Monica for the purchase and installation of one scoreboard at Los Amigos Park and one scoreboard at Historic Belmar Park; and
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 7
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.F. Adoption of Resolutions Authorizing the City Manager to Submit Applications to Participate in the California Department of Housing and Community Development's Prohousing Designation Program and a Prohousing Incencentive Program (PIP) Grant in the Amount of $500,000 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 and find that uses of grant funding for affordable housing are consistent with the certified 6th Cycle Housing Element Environmental Impact Report.
2. Adopt the attached resolution authorizing the City Manager to submit an application to participate in the California Department of Housing and Community Development’s Prohousing Designation Program;
3. Adopt the attached resolution authorizing the City manager to submit an application for grant funds in the amount of $500,000 from the California Department of Housing and Community Development’s Prohousing Incentive Program (PIP) for planning and implementation activities related to housing and community development, to support implementation of the certified Housing Element;
4. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals and modifications, if awarded; and
5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event the grant is awarded.
5.G. Adoption of Salary Resolution for New and Existing Job Classifications and Approval of Position Changes
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no project and/or categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt a resolution establishing a new classification and salary rate for the new classification of Executive Administrative Assistant-CAO (Attachment A); and
3. Approve the cost neutral budget and position changes described in the Financial Impacts and Budget Action section of this report.
5.H. City Council - Regular Meeting - Feb 14, 2023 5:30 PM . SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT SUCCESSOR AGENCY
. ROLL CALL
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 8
5.I. Annual Investment Policy Update
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. Review and approve the City’s revised Investment Policy.
3. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2023 through February 28, 2024.
Staff also recommends that the Successor Agency Governing Board:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exception) of the California Environmental Quality Act (CEQA) Guidelines.
2. Review and approve the City Investment Policy for Successor Agency Investments.
3. Extend investment authority to the Treasurer of the Successor Agency, from March 1, 2023 through February 28, 2024.
5.J. Approval of minutes for Redevelopment Successor Agency meeting - New Item Received 2/23/2023
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 13, 2022 meeting.
. ADJOURNMENT OF SPECIAL JOINT MEETING
5.K. Adoption of a Resolution to Establish an Advisory Committee to Make Recommendations Regarding Expenditure of additional funds raised by increasing the transient occupancy tax above 14% - New Item Received 2/23/2023
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. Adopt the attached resolution establishing an advisory committee to make recommendations regarding the expenditure of additional funds raised by increasing the City’s transient occupancy tax rate by 1% for hotel stays and 3% for home-share stays pursuant to Measure CS.
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. All Public Comment on Item 8.A. the Housing Element was heard at the February 14th meeting.
7. STUDY SESSION
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 9
7.A. Solid Waste Rate Study
Recommended Action
Staff recommends that the City Council:
1. Receive staff analysis of the Resource Recovery and Recycling solid waste rate study.
2. Review rate adjustment options and provide direction.
3. Consider the creation of a solid waste rate discount program and provide direction.
8. CONTINUED ITEMS
8.A. Study Session on Implementation of 6th Cycle (2021-2029) Housing Element Programs - New Item Received 2/23/2023
Recommended Action
To ensure that the City of Santa Monica remains in compliance and consistent with its approved 6th Cycle Housing Element of the City’s General Plan, staff recommends that the City Council discuss and provide direction on the policy questions presented in this report regarding the Planning Commission’s recommended amendments to the following:
• Land Use and Circulation Element of the General Plan; • Bergamot Area Plan;
• Downtown Community Plan, and
• The City of Santa Monica Comprehensive Zoning Ordinance, Santa Monica Municipal Code Chapters 9.01 to 9.52,
City Council is also being asked to discuss and provide direction on the following:
• Amendments to the General Plan Land Use Designation Map and the Official Zoning Map for Consistent Designation of Parcels;
• Amendments to the Zoning Ordinance for Consistency with State Law Updates related to Housing Production and Minimum Parking Requirements; and
• Minor Clarifying Amendments to the Zoning Ordinance.
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 Amending Santa Monica Municipal Code Chapter 6.42 that Established the Outdoors Parklet Program Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 10
10.B. Introduction and First Reading of an Interim Zoning Ordinance Eliminating Prohibition of Certain Restaurants in Establishments with Frontage on the Third Street Promenade - New Item Received 2/23/2023
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; and
2. Introduce for first reading an Interim Zoning Ordinance eliminating the prohibition of certain restaurants with frontage on the Third Street Promenade.
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
16.A. Recommendation to accept Garen Baghdasarian's resignation from the Commission on Sustainability, Environmental Justice and the Environment and authorize the City Clerk to publish the vacancy. - New Item Received 2/23/2023
City of Santa Monica Generated: 2/27/2023 10:46 AM Page 11
16.B. Request of Councilmember de la Torre, Mayor Pro Tem Negrete, and Councilmember Para that in the spirit of acknowledging Nick Gabaldon’s mixed heritage and to build intercultural solidarity, upon completion of Reframe: City Hall Murals, initiate a public art and community engagement Reframe project to commemorate the Historic Bay Street Beach site and its rich history of Black surfers, including Nick Gabaldon. In commemorating Nick Gabaldon, consideration will be given to creating a statue of Nick Gabaldon with his surfboard looking out towards Malibu where he passed while surfing.
The process will include engaging an artist to commemorate the Historic Bay Street Beach site’s history and people while creating a powerful acknowledgement of people of color who were pioneers in the sport of surfing. - New Item Received 2/23/2023
16.C. Request of Mayor Davis and Councilmember Zwick that the City Council adopt the attached Resolution (Attachment A) titled, “A Resolution of the City of Santa Monica, declaring support for the Iranian American community and the people of Iran, particularly the women of Iran, and a call to action for technology companies to support internet freedom. - New Item Received 2/23/2023
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 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).