City of Santa Monica
City Council Meeting
AGENDA
PHIL BROCK
MAYOR
GLEAM DAVIS 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
NIKIMA NEWSOME
INTERIM CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
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: 6/4/2024 12:11 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11585(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 by 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.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
4. Closed Session.
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: 6/4/2024 12:11 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MAY 28, 2024
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
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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. SPECIAL AGENDA ITEMS
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 4
3.A. 2024 LGBTQ+ Pride Proclamation
3.B. Proclamation: Lung Cancer Action Week
3.C. Commendation: Lunetta
3.D. Commendation: Paul "Chico" Fernandez
3.E. City Manager Report: Reparations & Restorative Justice
4. CLOSED SESSIONS
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; 2nd DCA Case No. B295935
4.B. Conference with real estate negotiator - Gov. Code §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 of payment
4.C. Conference with legal counsel - significant exposure to litigation - Gov. Code §54956.9(d)(2),(e)(5): one case - leasehold interest for Rusty’s Surf Ranch - New Item Received 5/24/2024
4.D. Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Russell Geyser and Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment - New Item Received 5/24/2024
4.E. Conference with real estate negotiator - Gov. Code §54956.8: property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Tommy Ginoza, Sugar Monkey Live; under negotiation:
price and terms of payment - Item pulled and will not be heard. 5/25/24
4.F. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Anna Marie Onaindia v. City of Santa Monica; LASC Case No. 21STCV30384
4.G. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
In re Bird Global, Inc., et al.; U.S. Bankr. Ct., SD Fla. Case No. 23-20514 (CLC) - New Item Received 5/24/2024
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4.H. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Byron Merlos, et al. v. City of Santa Monica, et al.; LASC Case No. 21STCV07334 [report out only]
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. No public discussion is permitted on ordinances for second reading and adoption.)
5.A. Award a Contract with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project, and a Contract With Same Contractor, ACCO Engineered Systems, Inc., for Citywide On-Call Mechanical Equipment Services.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid # SP2694 to ACCO Engineered Systems, Inc., for Airport Mechanical Equipment Replacement and Additive Alternative Bid for Citywide On-Call Mechanical Equipment Services for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a contract with ACCO Engineered Systems, Inc., in an amount not to exceed $1,993,090 (including a 10% contingency in the amount of $181,190) for Airport Mechanical Equipment Replacement;
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority for Airport Mechanical Equipment Replacement;
5. Authorize the City Manager to negotiate and execute an agreement with ACCO Engineered Systems, Inc., in an amount not to exceed $5,000,000 for three years, with one-additional one-year renewal option in the amount of $1,500,000, on the same terms and conditions for a total amount not to exceed $6,500,000 over a four-year period, for citywide as-needed mechanical systems repairs and/or replacements, with future year funding contingent on Council budget approval; and
6. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
5.B. Award Request For Proposal to Maas Energy For the Purchase of Renewable Natural Gas to Offset the Use of Regular Natural Gas
Recommended Action
Staff recommends that the City Council:
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 6
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #396 to Maas Energy for the procurement and supply of renewable natural gas to offset the current use of natural gas, and the management of low carbon fuel standard for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Maas Energy at no cost to the City for five-years.
5.C. Award Construction Contract to Elecnor Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting)
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301, Section 15303, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the construction of Lincoln Boulevard Neighborhood Corridor (LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian Lighting) for the Public Works Department;
3. Authorize the City Manager to negotiate and execute a construction contract with Elecnor Belco Electric Inc, in an amount not to exceed $5,885,932 (including a $15% contingency); and
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
5.D. Adoption of Resolution to Quitclaim and Vacate Public Right-of-Way on 1717 19th Street Parcel
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt the attached Resolution declaring that the City owned remnant parcel (“Turnaround Area”) is not needed for any public purpose and allowing for the Turnaround Area to be quitclaimed and vacated completely; and
3. Authorize the City Manager to approve and execute a quitclaim deed with the owners of 1717 19th Street for a City owned remnant parcel at 1717 19th Street which was previously acquired as a vehicular turnaround area during construction of the I-10 Freeway.
5.E. Approval of License Agreement with Santa Monica Amusement for 370 Santa Monica Pier
Recommended Action
Staff recommends that City Council:
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 7
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a License Agreement with Santa Monica Amusement for 370 Santa Monica Pier per the Pier Leasing Guidelines.
5.F. Authorize a Purchase Order for the Purchase of Westward Industries Ltd. GO4 EV Scooters for the Police Department Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.
2. Authorize the Procurement Manager to issue a purchase order with TurfStar Western Inc. for the purchase of twenty-seven Westward Industries Ltd. GO-4 EV scooters for the Police Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section
2.24.250(c) and is for a total amount not to exceed $1,306,000 with future year funding contingent on Council budget approval.
5.G. Approval of First Modification to Agreement with AssetWorks, Inc. for Fleet Asset Management System Hosting, Maintenance, and Support 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 first modification to agreement # 10801 in the amount of $264,523 (including a 10% contingency) with AssetWorks, Inc. for systems implementation, training, hosting services, and software support and maintenance for a Fleet Asset Management System with Telematics Solution for the Public Works Department. This will result in a 10-year amended agreement with a new total amount not to exceed $1,590,075.00, with future year funding contingent on Council budget approval.
5.H. Approval of Second Modification to Agreement with TruePoint Solutions, LLC for Accela Civic Platform Support
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second modification to agreement # 4756 in the amount of $173,734 (including a 10% contingency) with TruePoint Solutions, LLC for Accela Civic Platform support for the Information Services Department. This will result in a 9-year amended agreement with a new total amount not to exceed $385,384, with future year funding contingent on Council budget approval.
City of Santa Monica Generated: 6/4/2024 12:11 PM Page 8
2. 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.
5.I. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Adding Municipal Code Section 3.75 to Prohibit Harassment of Bicyclists and Pedestrians
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
7.A. Fiscal Year 2024-25 Proposed Budget and Fiscal Year 2024-26 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council:
1. Review and provide direction to staff regarding the FY 2024-25 Proposed Operating Budget Adjustments (Attachment A) and FY 2024-26 Proposed Biennial Capital Improvement Program (CIP) Budget (Attachment B);
2. Direct staff to proceed with setting the FY 2024-25 Operating and FY 2024-26 Biennial Capital Improvement Program (CIP) Budget Adoption hearing on June 25, 2024;
3. Provide direction for staff to evaluate other funding mechanisms such as general obligation bonds to support the City’s capital improvement program in future budget cycles;
4. Review and provide direction to staff on establishing 23 new fees, which include fees for Emergency Medical Services (EMS), facility rentals and use, Certified Unified Program Agency (CUPA), film permits, materials for the Junior Lifeguard Program, grading review permit, and City planning; revising 36 fees, which include fees for CUPA, fire permits, airport, landscape services, Concealed Carry Firearm permit (CCW) renewal application, medicinal cannabis, and mortuary services; and the deletion of three fees, which include fees for library, and EV user (Attachments C and D); and
5. 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.
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
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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.)
No items
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 Alexis Hemphill-Elsea's resignation from the Human Services Commission and authorize the City Clerk to publish the vacancy.
16.B. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2026. - New Item Received 5/24/2024
16.C. Recommendation to rescind the appointment of Jeff Bush to the Commission of Sustainability, Environmental Justice and the Environment; and, appoint to that unscheduled vacancy for a term ending on June 30, 2024. - New Item Received 5/24/2024
16.D. Request of Mayor Brock that the City Manager and City Attorney develop policies that regulate tree removal as a result of new development including exploring replacement requirements as part of the development or on public property to protect and preserve the City’s tree canopy. In developing this policy, the City Manager is being asked to consider requiring three replacement trees for every tree removed. - New Item Received 5/24/2024 City of Santa Monica Generated: 6/4/2024 12:11 PM Page 10
16.E. Request of Mayor Brock, Vice Mayor Negrete, and Councilmember de la Torre that the City Manager and City Attorney evaluate the attached request from Downtown Santa Monica, Inc. and return to City Council with recommendations to reduce the per square foot monthly fees associated with the use of sidewalks for outdoor dining on the Third Street Promenade to support the City’s economic recovery. In addition, the City Manager and City Attorney are also being asked to evaluate and return to City Council with recommendations for incentives such as waiving fees for a period of time to spur outdoor dining on sidewalks on the Third Street Promenade. - New Item Received 5/24/2024
16.F. Request from Councilmember de la Torre and Vice Mayor Negrete that the City Council direct the City Manager to conduct a survey of cities within the Westside Cities Council of Governments and other charter cities across the state with populations comparable to Santa Monica. The survey should compare City Council compensation and benefits and the City Manager is to present the findings at the first Council meeting in July, with recommendations for next steps. The purpose of this survey is to assess whether the current compensation allows residents of varying income levels to serve on the City Council. By understanding how Santa Monica compares to other cities, the Council can consider placing a charter amendment on the November ballot to adjust compensation, making City Council service more accessible to residents with lower incomes. - New Item Received 5/24/2024
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 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.
City Hall and the Council Chambers 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 City of Santa Monica Generated: 6/4/2024 12:11 PM Page 11 pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #1, #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).