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: 5/24/2023 2:42 PM 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: 5/24/2023 2:42 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MAY 23, 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
(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 (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
3. CLOSED SESSIONS
3.A. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Juana Lopez-Sanchez v. City of Santa Monica et al.; LASC Case No. 21STCV45447 - New Item Received 5/18/2023
3.B. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Louise Farnam and Lenora Farnam-Fard v. City of Santa Monica; LASC Case No. 20STCV4877 [report out only] - New Item Received 5/18/2023
4. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 5/24/2023 2:42 PM Page 4
4.A. Proclamation: Public Works Week
4.B. Proclamation - Jewish American Heritage Month
4.C. 2023 LGBTQ+ Pride Proclamation
4.D. City Manager Report: Report Out on Equity and Inclusion Projects The following is the order of business for items to be heard no earlier than 7:00 p.m.
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. Authorization to Issue Purchase Orders to AAA Oil, Inc., for the Purchase and Delivery of Renewable Diesel Fuel
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines
2. Authorize the Procurement Manager to issue purchase orders with AAA Oil, Inc., dba California Fuels and Lubricants, for the purchase and delivery of renewable diesel fuel for the Public Works Department and Fire 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 $2,024,418 (including a 15% contingency) with future year funding contingent on Council budget approval.
5.B. Award RFP to Kennedy Jenks Consultants, Inc. for Groundwater Wells Engineering Design Services
City of Santa Monica Generated: 5/24/2023 2:42 PM Page 5 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the groundwater recharge wells were analyzed in the adopted Olympic Arcadia Treatment Plant Initial Study/Mitigated Negative Declaration (State Clearinghouse No. 2020070129), and a finding of categorical exemptions pursuant to Sections 15302, 15303, 15303, and 15304 of the California Environmental Quality Act (CEQA) Guidelines.
2. Award Request for Proposal #SP2678 to Kennedy/Jenks Consultants, Inc., to provide engineering design services, develop construction documents, and provide engineering support during the construction of the Groundwater Wells Project for the Public Works Department.
3. Authorize the City Manager to negotiate and execute an agreement with Kennedy/Jenks Consulting, Inc., in an amount not to exceed $2,646,847 (including $240,622 contingency).
5.C. Adoption of a Resolution Approving the City's Sewer System Management Plan Update
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution approving the City’s Sewer System Management Plan (SSMP) Update and Certifying it is consistent with Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems.
2. Adopt a finding of Categorical Exemption pursuant to Section 15308 (Actions for Protection of the Environment), of the California Environmental Quality Act (CEQA) Guidelines.
5.D. Award Bid to Battery Power, Inc. for Fire Department and Transit Bus Batteries 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. Award Bid #4451 to Battery Power, Inc. to provide heavy-duty low-voltage batteries for use on transit buses and Fire Department heavy-duty apparatus; and
3. Authorize the City Manager to negotiate and execute an agreement with Battery Power, Inc., in an amount not to exceed $675,524, including a $61,411 contingency, and a 2% annual cost escalator, over a five-year period with future year funding contingent on Council budget approval.
5.E. Approval of Second Modification of Agreement #9798 with DE 100 Wilshire, LLC for Rooftop Space at 100 Wilshire
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second modification to agreement #9798 in the amount of $409,000 with DE 100 Wilshire, LLC for City of Santa Monica Generated: 5/24/2023 2:42 PM Page 6 leasing of rooftop space at 100 Wilshire Boulevard for the Police Department.
This will result in a 15-year amended agreement with a new total amount not to exceed $978,356, with future year funding contingent on Council budget approval.
2. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
5.F. Approval of Second Modification to Contract with Clean Energy Corporation for Increased Funding for Purchase of Renewable Liquid Natural Gas Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines
2. Authorize the City Manager to negotiate and execute a second modification to agreement #11155 in the amount of $5,899,994 with Clean Energy Corporation to provide Renewable Natural Gas fuel for the Santa Monica Department of Transportation. This will result in an amended agreement with a new total amount not to exceed $11,771,926, with future year funding contingent on Council budget approval, with the original five-year term of the agreement remaining unchanged.
5.G. Approval of Second Modification to Professional Services Agreement with Selectron Technologies for Software Maintenance and Support Services Recommended Action
Staff recommends that the City Council:
1. Adopt a CEQA 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 second modification to agreement #9745 (CCS) in the amount of $105,405 with Selectron Technologies, Inc. for software maintenance and support services for the Community Development Department. This will result in a 13-year amended agreement with a new total amount not to exceed $357,310, with future year funding contingent on Council budget approval.
5.H. Award RFP #346 to Downtown Santa Monica, Inc. (DTSM) for Park Ambassador services at Palisades, Reed and Tongva Parks 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 #346 to Downtown Santa Monica, Inc. (DTSM) for Park Ambassador services at Palisades, Reed and Tongva Parks.
3. Authorize the City Manager to negotiate and execute an agreement with DTSM, in the amount not to exceed $8,257,945 for five years with future year funding contingent on Council budget approval.
City of Santa Monica Generated: 5/24/2023 2:42 PM Page 7
5.I. Approval of Fourth Modification to Contract with California Panther Security for Pier Related Security
Recommended Action
Staff recommends that 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 fourth modification to Agreement 11259 (CCS)[formerly #4865] in the amount of $327,969 with A.G.
Coast, Inc. d/b/a CA Panther, for security services on and around the Santa Monica Pier for the Community Development Department. This would result in a six-month amended agreement with a new total amount not to exceed $1,059,969, future year funding contingent on Council budget approval.
5.J. Adoption of a Resolution Authorizing the Application for Grant Funds from the State of California Department of Parks and Recreation Land and Water Conservation Fund Grant Funding
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption pursuant to Section 15061(b)(3)(Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines that the grant application will have no possibility of significant effects.
2. Adopt the attached resolution authorizing the application for grant funds in the amount of $6 million from the California Department of Parks and Recreation Land and Water Conservation Fund Grant Program for the Memorial Park Expansion Project in the Public Works Department.
3. 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.
5.K. Approval of Urban Area Security Initiative 2021 and 2022 Grant Acceptance Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept two grants with a total awarded amount of $2,120,000 from the 2021 and 2022 Urban Area Security Initiative (UASI) for homeland security projects in the Fire and Information Services Departments, and to accept all associated grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals.
3. Authorize the City Manager to negotiate and execute a second modification to Contractual Services Agreement #10967 with Advanced Problem Solving, LLC, (APS) a California-based company, in an amount not to exceed $850,000 and on the same terms and conditions. This will result in a fiveyear amended agreement with a new total contract amount not to exceed $4,870,000 over a five-year period.
City of Santa Monica Generated: 5/24/2023 2:42 PM Page 8
4. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines and a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) CEQA Guidelines.
5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
5.L. Approval of First Modification to Agreement with Keystone Medical Resources, Inc for Citywide Employee COVID-19 Contact Tracing and Internal Healthcare Advisement
Recommended Action
Staff recommends that the City Council authorize the City Manager to:
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. Negotiate and execute a first modification to agreement #11303 in the amount of $195,000 with Keystone Medical Resources, Inc. (Keystone) for City-wide employee COVID-19 contract tracing and internal healthcare advisement.
This will result in a two-year and nine-month amended agreement with a new total amount not to exceed $345,000, with future year funding contingent on Council budget approval.
5.M. City Council - Regular and Special Joint Meeting - Apr 11, 2023 5:30 PM - New Item Received 5/18/2023
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. All Public Comment on the IZO item 10.D. was heard at the May 9th meeting. . All Public Comment on Item 7.A. Budget Study Session will be heard at this 5/23/23 meeting.
7. STUDY SESSION
. (The study session may, after a vote of the Council, be continued to a future date for completion of Council discussion and direction to City staff.)
7.A. Five-Year Financial Forecast Update, FY 2023-25 Proposed Biennial Budget, and FY 2023-24 Proposed Capital Improvement Program Budget Recommended Action
Staff recommends that the City Council:
1. Receive the FY 2023-24 through FY 2027-28 May Five-Year Financial Forecast Update;
2. Review and provide direction to staff on the FY 2023-25 Proposed Biennial Budget, including the FY 2023-24 Proposed Exception-Based Capital Improvement Program (CIP) Budget;
3. Review and provide direction to staff on proposed fee changes; City of Santa Monica Generated: 5/24/2023 2:42 PM Page 9
4. Review and comment on the Cultural/Art Organizational Support Program (OSP) funding recommendations for the FY2023-25 funding cycle; and
5. Direct staff to proceed with setting the FY 2023-25 Budget Adoption public hearing on June 27, 2023.
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. 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.)
10.A. Second Reading and Adoption of an Ordinance to Cancel Development Agreement 13DEV-010 that Allowed Construction of a Multi-Screen Movie Theater Complex on the Third Level of Santa Monica Place at 315 Colorado Avenue
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.B. Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to Authorize Home-Sharing in Certain Qualifying Accessory Structures and Incorporate a Home-Sharing Legalization Program
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.C. Second Reading and Adoption of an Ordinance Amending the Text of the Santa Monica Municipal Code 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 - New Item Received 5/18/2023
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.D. Introduction and Adoption of Emergency Interim Zoning Ordinance Amending the Text of the Santa Monica Municipal Code 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 (CONTINUED FROM 5/09/2023) - New Item Received 5/18/2023
City of Santa Monica Generated: 5/24/2023 2:42 PM Page 10 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) and 15061(b)(3) (Common Sense Exemption) and Statutory Exemption pursuant to Section 15268 (Ministerial Projects) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce and adopt an Emergency Interim Zoning Ordinance to extend interim zoning regulations 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.
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
No items
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.
City of Santa Monica Generated: 5/24/2023 2:42 PM Page 11 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).