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
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: 7/25/2024 3:35 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: 7/25/2024 3:35 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 23, 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.) . Written Comments
2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
3. SPECIAL AGENDA ITEMS
3.A. Commendation: Fedora Primo - New Item Received 7/19/2024 City of Santa Monica Generated: 7/25/2024 3:35 PM Page 4
3.B. Commendation: Officers Dilworth and Pike - New Item Received 7/19/2024
3.C. City Manager Report - Item Moved to 3.C (Formerly Listed as 3.A) 7/19/24
4. CLOSED SESSIONS
4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Rebecca de la Cruz v. City; LASC Case No. 20STCV01487. - New Item Received 7/19/2024
4.B. Conference with legal counsel - consider initiation of litigation - Gov. Code §54956.9(d)(4): City v. 3M, Dupont, et al., regarding PFAS contamination. - New Item Received 7/19/2024
4.C. Conference with legal counsel - consider joining amicus brief - Gov. Code §54956.9(d)(4): California Apartment Association, et al., v. City of Pasadena, et al., B329883. - New Item Received 7/19/2024
4.D. Conference with real estate negotiator - Gov. Code §54956.8: properties: 1636 5th Street (Parking Lot 29) (APNs 4290-011-903, 4290-011-904, 4290-011-905); 1636 5th Street (Apple Building) (APN 4290-011-906); Expo Terminus Line parking lot (APNs 4290-011-909, 4290-011-902, 4290-011-901); owner of record:
City of Santa Monica; City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; party to be negotiated with: Alex Pratt, Vice President of Development, AMCAL Multi-Housing, Inc.; under negotiation: price and terms of payment for sale. - New Item Received 7/19/2024
4.E. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1):
Black Lives Matter Los Angeles, et al. v. City, et al.; USDC Case No. 2:21-cv05253 [report out only]. - New Item Received 7/19/2024 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. Approval to Reject All Bids for Contracted Shared Mobility Service Providers and Continue the Existing Permit-Based Program with Select Revisions - Item
5.A and 10.B to be heard concurrently
City of Santa Monica Generated: 7/25/2024 3:35 PM Page 5 Recommended Action
Staff recommends that Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Reject all bids in RFP #344 Contracted Shared Mobility Services for the Department of Transportation.
5.B. Award Construction Contract for Treatment Plant Upgrades Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301, Section 15302, and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid SP#2684 to Metro Builders & Engineers Group, Ltd. for the construction of the Water Treatment Plant Upgrades Project for the Public Works Department;
3. Award Request for Proposal (RFP) SP#2684 & SP#2678 to MNS Engineers, Inc. to provide construction management and observation services for the Treatment Plant Upgrades Project and the Groundwater Injection Well SM-11i and Monitoring Wells MWi-2 & MWi-3 Drilling and Equipping for the Public Works Department;
4. Authorize the City Manager to negotiate and execute a construction contract with Metro Builders & Engineers Group, Ltd. in an amount not to exceed $9,466,289 (including a 18.9% contingency);
5. Authorize the City Manager to negotiate and execute a construction management agreement with MNS Engineering, Inc. in an amount not to exceed $820,000 for a term of 5 years; and
6. Authorize the Director of Public Works to issue any necessary change orders to the construction contract, to complete additional work within contract authority.
5.C. Adoption of a Resolution Authorizing Acceptance of the 2024-25 Alcoholic Beverage Control Grant
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the acceptance of a grant awarded in the amount of $80,229 from the California Department of Alcoholic Beverage Control (ABC) for the 2024-25 ABC Grant Program in the Police Department.
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals, if awarded.
3. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act, and authorize a budget amendment as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
5.D. Award Sole Source Purchase Order to Stotz Equipment for Provision and Delivery of Turf Equipment
City of Santa Monica Generated: 7/25/2024 3:35 PM Page 6 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the Procurement Manager to issue a purchase order with Stotz Equipment for the provision and delivery of turf equipment and replacement parts for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section
2.24.250(b) and is for a total amount not to exceed $310,000 with future year funding contingent on Council budget approval.
5.E. Approval of Exclusive Negotiation Agreement with Revitalization Partners Group, LLC for the Civic Center Auditorium Renovation, Programming and Operation
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to Negotiate and Execute an Exclusive Negotiation Agreement with Revitalization Partners Group, LLC for the renovation, programming, and operation of the Santa Monica Civic Auditorium located at 1855 Main Street.
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
5.F. Approval of Revisions to Big Blue Bus’ Public Transportation Agency Safety Plan
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);
2. Approve revisions to adopted Big Blue Bus’s Public Transportation Agency Safety Plan.
5.G. Award Contract to Speridian Technologies, LLC for Implementation and Support of a Permitting and Land Use Management System
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# 364 to Speridian Technologies, LLC for a new permitting and land use management system for the Information Services Department;
3. Authorize the City Manager to negotiate and execute an agreement with Speridian Technologies, LLC, in an amount not to exceed $3,837,353 (including a $348,852 contingency) for five years, with future year funding contingent on Council budget approval.
City of Santa Monica Generated: 7/25/2024 3:35 PM Page 7
4. Authorize budget amendments as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Written Comments for Item 6 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. 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. Introduction and Adoption of an Emergency Interim Zoning Ordinance Extending Interim Zoning Regulations Adopted by Emergency Interim Zoning Ordinance 2781 (CCS) to Remove the Minor Use Permit, Location, and Facility Requirements for Massage Establishments from the City’s Personal Service Use Standards for Specific Uses and Activities
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. Introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations adopted by Emergency Interim Zoning Ordinance 2781 (CC) amending the text of the Zoning Ordinance to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use standards for specific uses and activities contained in Santa Monica Municipal Code Section 9.31.230.
10.B. Introduction for First Reading an Ordinance Repealing Santa Monica Municipal Code (SMMC) Chapter 3.23 and Amending SMMC Chapter 3.22 to Establish a Permanent Shared Mobility Device Program - Item 5.A and 10.B to be heard concurrently
City of Santa Monica Generated: 7/25/2024 3:35 PM Page 8 Recommended Action
Staff recommends that Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading an ordinance to repeal Santa Monica Municipal Code (SMMC) Chapter 3.23 “Shared Mobility Device Program” and amend SMMC Chapter 3.22 “Second Shared Mobility Device Pilot Program” to update for an on-going permit-based program.
11. STAFF ADMINISTRATIVE ITEMS
No items
12. PUBLIC HEARINGS
No items
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
14.A. Adoption of a Resolution to place a Parking Facility Tax revenue measure on the November 2024 Ballot
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 a Resolution to place a measure on the November 5, 2024, General Municipal Election Ballot to increase the City’s Parking Facility Tax rate by 8% and exempt City-owned lots and structures from the tax increase (Attachment A), which would be accompanied by an advisory measure that would allow voters to express their preference that at least half of the additional revenue generated by the Parking Facility Tax Measure should be allocated to address public safety and homelessness; and
3. Identify Council Members, if any, who wish to prepare arguments for or against the Parking Facility Tax measure or the accompanying advisory measure.
14.B. Adoption of a Resolution Disapproving Signs Placed on the Third Street Promenade - New Item Received 7/19/2024
Recommended Action
City of Santa Monica Generated: 7/25/2024 3:35 PM Page 9 Offered for City Council consideration is a Resolution expressing the Council’s disapproval of signs placed on the Third Street Promenade brought pursuant to a Council 16 Item.
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Expo, to be held October 16 - 18, 2024, in Long Beach, California.
16.B. Request of Mayor Brock and Councilmember Davis that the City Attorney return at the next meeting with his proposals (included in the staff report for the July 9 meeting) to address the recent U. S. Supreme Court decision in Snyder which, absent a clear ban on gratuities by a local jurisdiction, purports to allow city officials to accept gratuities. This item was not addressed by Council at its last meeting. - New Item Received 7/19/2024
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 pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 7/25/2024 3:35 PM Page 10 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).