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
Regular 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: 3/30/2023 8:14 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: 3/30/2023 8:14 AM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MARCH 14, 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.
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 Labor Negotiator: Government Code Section 54957.6 – City Representatives: City Manager David White and Chief People Officer Lori Gentles; Human Resources Manager Robert Scalise; Alexander Volberding, Liebert Cassidy Whitmore; Bargaining Unit: ATA-Administrative Team Associates - New Item Received 3/17/2023
3.B. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): City of Santa Monica, et al. v. 1238 10th Street, LLC., et al.; LASC Case No. 21SMCV01585 - New Item Received 3/17/2023
3.C. Conference with Legal Counsel – Existing Litigation – 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 3/17/2023
City of Santa Monica Generated: 3/30/2023 8:14 AM Page 4
3.D. Conference with Legal Counsel – Anticipated Litigation – Government Code section 65589.5(d): WS Communities v. City of Santa Monica - New Item Received 3/17/2023
3.E. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Santa Monica-Malibu School District, et al. v. Los Angeles County Committee on School District Organization; LASC Case No. 22STCP00986 - New Item Received 3/17/2023
3.F. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1): Lenka Kabilka v. City of Santa Monica; LASC Case No. 22STCV37782 - New Item Received 3/17/2023
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
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. Approval of Fourth Modification to Contract #9649 (CCS) with Harris Computer Systems Corporation for Software Licensing for the NorthStar Utility Billing System
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect on the environment 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 fourth modification to agreement #9649 (CCS) in the amount of $550,000 with Harris Computer Systems Corporation to extend maintenance and support services for an additional five-year period. This modification would result in a 15-year amended agreement with a new total amount not to exceed $1,362,703, with future year funding contingent on Council budget approval.
5.B. Adoption of Resolution Declaring Surplus Properties City of Santa Monica Generated: 3/30/2023 8:14 AM Page 5 Recommended Action
Staff recommends that the City Council:
1. Declare three City-owned properties located at 1217 Euclid Street (APN 4282- 004-900), 1211-1217 Fourteenth Street (APN 4282-003-900 and -901), and 1146 Sixteenth Street (APN 428-1005-900) as “exempt surplus land” as defined in Government Code Section 54221(f);
2. Adopt a Resolution declaring the City-owned properties at 1217 Euclid Street, 1211-1217 Fourteenth Street, and 1146 Sixteenth Street as exempt surplus land, and authorize the City Manager or his or her designee to take implementing actions necessary to comply with the Surplus Land Act (Government Code sections 54220 et seq.; and
3. Authorize the City Manager or his or her designee to submit the report of declared exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law.
4. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines and find that the issuance of a Request for Proposal for affordable housing on the City-owned properties at 1217 Euclid Street, 1211-1217 Fourteenth Street, and 1146 Sixteenth Street are consistent with the certified 6th Cycle Housing Element Environmental Impact Report.
5.C. Adoption of Resolutions Authorizing the Application for Grant Funds from the California State Department of Water Resources Urban Drought Relief Grant and the United States and the Bureau of Reclamation’s WaterSMART: Water Recycling and Desalination Planning Grant Program
Recommended Action
Staff Recommends that the City Council:
1. Adopt the attached resolutions authorizing the application for grants funds in the amount of $22.8 million with the California State Department of Water Resources’ Urban Community Drought Relief Grant Program and $961,033 with the United States Bureau of Reclamation’s WaterSMART: Water Recycling and Desalination Planning Grant Program.
2. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.
3. Adopt a finding of Categorical Exemption pursuant to Section 15262, Section 15302, Section 15303, Section 15304, and Section 15306 of the California Environmental Quality Act (CEQA) Guidelines.
5.D. Award Contract to Alliant Insurance Services, Inc. for Employee Benefit Consulting Services
Recommended Action
Staff recommends that the City Council:
City of Santa Monica Generated: 3/30/2023 8:14 AM Page 6
1. Adopt a finding of no possibility of significant effect on the environment 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 an agreement with Alliant Insurance Services, Inc. for employee benefit consulting services for the Human Resources Department. This recommended award is made as an exception to the competitive bidding process pursuant to Municipal Code section 2.24.250 (c) and is for a total amount not to exceed $550,000 (including a $54,320 contingency) over five years with future year funding contingent on Council budget approval.
5.E. Adoption of a Resolution to Enter into an Updated Freeway Maintenance Agreement and Negotiate a Delegated Maintenance Agreement with Caltrans Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines
2. Adopt the attached Resolution authorizing the City Manager to enter into a new updated Freeway Maintenance Agreement with the California Department of Transportation (Caltrans).
3. Authorize the City Manager to negotiate and execute a Delegated Maintenance Agreement with Caltrans to obtain reimbursement for maintenance work performed by the City on State routes within City boundaries.
5.F. Adoption of Resolution Approving Final Tract Map No. 83026 For 1427 Lincoln Boulevard
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act.
2. Adopt the attached resolution approving Final Tract Map No. 83026 for an airspace subdivision of 30 residential condominium units and two commercial condominium units located at 1427 Lincoln Boulevard.
5.G. Approval of Third Modification to Contract #10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System for the Public Works Department
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of no possibility of significant effect on the environment 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 third modification to Contract 10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System (CMMS) agreement with the Water City of Santa Monica Generated: 3/30/2023 8:14 AM Page 7 Resources Division for the Public Works Department. This modification is to extend the agreement for an additional two years in the amount of $180,000, for a total amount not to exceed $1,169,334 for a total contract term of twenty-four years.
5.H. Award Bids for 3200 Airport Ave Renovation Hazmat Abatement and Adopt a Finding of Categorical Exemption Under Sections 15301, 15302, and 15308 of the California Environmental Quality Act Guidelines
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2660 to Unlimited Environmental, Inc. for 3200 Airport Avenue hazardous material abatement services for the Public Works Department;
2. Authorize the City Manager to negotiate and execute an agreement with Unlimited Environmental, Inc., in an amount not to exceed $229,702 (including a $38,284 contingency);
3. Award Bid #SP2660 to Unlimited Environmental, Inc. for on-call hazardous material abatement services for the Public Works Department;
4. Authorize the City Manager to negotiate and execute agreements with Unlimited Environmental, Inc., in an amount not to exceed $1,500,000 for three years, with two-additional one-year renewal options in the amount of $500,000, on the same terms and conditions for a total amount not to exceed $2,500,000 over a five-year period, with future year funding contingent on Council budget approval.
5. Award Bid #SP2660 to Castlerock Environmental, Inc. for on-call hazardous material abatement services for the Public Works Department;
6. Authorize the City Manager to negotiate and execute agreements with Castlerock Environmental, Inc., in an amount not to exceed $1,500,000 for three years, with two-additional one-year renewal options in the amount of $500,000, on the same terms and conditions for a total amount not to exceed $2,500,000 over a five-year period, with future year funding contingent on Council budget approval.
7. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement/Reconstruction), and 15308 (Actions for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines.
5.I. Adoption of Resolution Repealing Resolution Number 11306 (CCS) and Amending the City's Conflict of Interest Code to Revise the Designated Positions as Required by California Law To File Statements of Economic Interest
Recommended Action
Staff recommends that the City Council update the City’s Conflict of Interest Code by adopting the proposed resolution.
5.J. Approval of Revised Contract Amount for Benefit Administration Software with PlanSource for Human Resources Department
Recommended Action
City of Santa Monica Generated: 3/30/2023 8:14 AM Page 8 Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the Procurement Manager to increase the contract amount for the Human Resources Department with PlanSource for benefit administration software in an amount not to exceed $336,000, which covers an overage on the previous Council budget authorization and covers future services until the anticipated end of the contract on July 1, 2023.
5.K. City Council - Special Meeting - Feb 22, 2023 6:00 PM
5.L. City Council - Regular and Special Joint Meeting - Feb 28, 2023 5:30 PM
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
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 Interim Zoning Ordinance Eliminating Prohibition of Certain Restaurants in Establishments with Frontage on the Third Street Promenade
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.B. Introduction and adoption of an Emergency Interim Zoning Ordinance to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
City of Santa Monica Generated: 3/30/2023 8:14 AM Page 9 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce and adopt an emergency Interim Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.
10.C. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Establish an Outdoor Space Program to Allow Outdoor Commercial Activity on Privately-Owned Property and Other Minor Amendments Related to Emergency Response and Economic Recovery, Including Extension of Certain Permit Timeframes; Adoption of Resolution Establishing Fees for Permits Subject to Outdoor Space Program Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading an ordinance to amend the text of the Zoning Ordinance to establish an Outdoor Space Program allowing outdoor commercial activity on privately-owned property and other minor amendments related to emergency response and economic recovery, including extension of certain permit timeframes.
3. Adopt Resolution establishing a fee review of applications subject to the Outdoor Space Program.
11. STAFF ADMINISTRATIVE ITEMS
11.A. Adoption of a Resolution Amending the Policies for Board and Commission Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards, and repealing Resolution No. 11396 (CCS) and
2. Consider an attendance policy regarding board/commission members attending meetings via teleconferencing rules under the Brown Act.
12. PUBLIC HEARINGS
12.A. Sustainable City Plan Update - New Item Received 3/17/2023 City of Santa Monica Generated: 3/30/2023 8:14 AM Page 10 Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment and accept the proposed 2022 Sustainability Rights Report pursuant to Santa Monica Municipal Code (SMMC) Chapter 12.02 Sustainability Rights.
2. Adopt an updated Sustainable City Plan with indicators and targets for 2030 and add an Equity and Inclusion Guiding Principle (Attachment A).
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and Section 15308 (Actions for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
14.A. Adoption of a Resolution for Concealed Carry Weapon License Process Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution establishing certain concealed carry weapon license fees for new applications, renewal applications, and amended licenses, setting maximum and current fees, and authorizing the charging of higher fees if State law changes. (Attachment A)
2. Staff recommends the Council 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.
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Request of Councilmembers Zwick and Brock to ask the City Attorney and City Manager to return to City Council with amendments and updates to the Municipal Code to prohibit gasoline powered leaf blowers, allowing for electric leaf blowers and enhancing enforcement of the prohibition on gas powered leaf blowers. Also, request the City Manager to return with potential funding sources to incentivize conversion to electric leaf blowers. A draft ordinance amendment is attached. - Revised Title 3/15/2023
City of Santa Monica Generated: 3/30/2023 8:14 AM Page 11
16.B. Request of Mayor Davis and Mayor Pro Tem Negrete that the City Council allocate $10,000 of discretionary funds to Samohi Grad Nite, a 501(c)3, to enable over 165 low-income students to attend. This would close the shortfall between previous City funding allocated as part of the annual budget and the organization’s expenses for June 2023. For over 30 years, Grad Nite has provided a safe, secure venue for graduating Santa Monica High School seniors to celebrate their achievements.
16.C. Request of Mayor Davis and Councilmember Zwick that the Council allocate $10,000 of its discretionary funds to support Pride activities this year.
Organizers are working with the Pier, Downtown Santa Monica, Santa Monica Travel and Tourism, and Santa Monica Place to return Pride activities to the City sometime in June. Current plans are for a one-day, family-friendly celebration with installations in Downtown Santa Monica, at the Pier, and Santa Monica Place. Total budget for the event presently is $30,000-$40,000 and a $10,000 contribution will allow the City to be a sponsor of the event.
Other organizations are contributing similar amounts as part of their sponsorship.
16.D. Request of Mayor Davis and Councilmember Torosis that the City Council allot $10,000 of its discretionary funds to the Santa Monica Animal Shelter Foundation. The funds will be used to help create a proper turfed play area for dogs at the Santa Monica Animal Shelter. The shelter needs a proper area where dogs can play and exercise and interact with potential adopters and shelter volunteers. Currently, the play area is all dirt which makes it unusable and unpleasant much of the time and it has repeatedly flooded in recent rains.
Creating a properly turfed area will greatly benefit shelter dogs’ wellbeing while waiting for their forever home. The estimated total cost of the project is $30,000 and the Foundation plans to seek private donations for the additional monies needed to complete the project.
16.E. Request of Mayor Davis and Mayor Pro Tem Negrete that the City Council allocate up to $10,000 of their Discretionary Funds to the Montana Avenue Merchants Association, a 501 (c) (3) for their annual Art Walk that is planned for September 30, 2023. The Art Walk is a one-day outdoor art festival that takes place along the Montana Ave. business corridor, from 6th - 17th Streets.
The event includes performance artists, live music, and interactive art activities for children and adults. Art Walk has been an annual event for the past 10 years and has become one of Montana Avenue’s signature events.
The funding will be used to offset costs related to supporting an enhanced and expanded event including the costs associated with potentially closing portions of Montana Avenue.
16.F. Request of Councilmember de la Torre and Mayor Pro Tem Negrete to determine the costs to improve the vacant lot at 1318-1320 4th Street to allow for sustained parking and other uses until development of the affordable housing project designated for the property commences.
16.G. Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending on June 30, 2023. - New Item Received 3/17/2023 City of Santa Monica Generated: 3/30/2023 8:14 AM Page 12
16.H. Recommendation to accept Evan Nicholas' resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy. - New Item Received 3/17/2023
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).