Santa Monica — 2023-03-14

A. Second Reading and Adoption of an Interim Zoning Ordinance Eliminating Prohibition of Certain\nRestaurants in Establishments with Frontage on the Third Street Promenade\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. CDD-ord-IZO Fast Food on Promenade 2d

B. Introduction and adoption of an Emergency Interim Zoning Ordinance to Confirm the Applicability of\nCertain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica\nMunicipal Code Chapter 9.32, Personal Wireless Service Facilities\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction\nor Conversion of Small Structures) of the California Environmental Quality Act (CEQA)\nGuidelines.\n2. Introduce and adopt an emergency Interim Zoning Ordinance to confirm the applicability\nof certain zoning and health and safety regulations to wireless facilities subject to Santa\nMonica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.\nStaff Report Printout\na. City Council Meeting - August 28, 2018 (Web Link)\nb. Proposed Redline Modifications\nc. Emergency Interim Zoning Ordinance - Wireless Facilities

C. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to\nEstablish an Outdoor Space Program to Allow Outdoor Commercial Activity on Privately-Owned\nProperty and Other Minor Amendments Related to Emergency Response and Economic Recovery,\nIncluding Extension of Certain Permit Timeframes; Adoption of Resolution Establishing Fees for\nPermits Subject to Outdoor Space Program\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities),\n15303 (New Construction or Conversion of Small Structures), and 15304 (Minor\nAlterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.\n2. Introduce for first reading an ordinance to amend the text of the Zoning Ordinance to\nestablish an Outdoor Space Program allowing outdoor commercial activity on privately-\nowned property and other minor amendments related to emergency response and\neconomic recovery, including extension of certain permit timeframes.\n3. Adopt Resolution establishing a fee review of applications subject to the Outdoor Space\nProgram.\nStaff Report Printout\na. CDD-Ord-Private Outdoor Space 031423\nb. CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423\nc. Business Outreach Survey Results (August 3, 2022)

A. Adoption of a Resolution Amending the Policies for Board and Commission\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task\nForces, and Regional Advisory Boards, and repealing Resolution No. 11396 (CCS) and\n2. Consider an attendance policy regarding board/commission members attending meetings\nvia teleconferencing rules under the Brown Act.\nStaff Report Printout\na. Exhibit A - 20230314 Board and Commission Policies Resolution

A. Sustainable City Plan Update New Item Received 3/09/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Hold a public hearing, receive public comment and accept the proposed 2022\nSustainability Rights Report pursuant to Santa Monica Municipal Code (SMMC) Chapter\n12.02 Sustainability Rights.\n2. Adopt an updated Sustainable City Plan with indicators and targets for 2030 and add an\nEquity and Inclusion Guiding Principle (Attachment A).\n3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) and Section 15308 (Actions for Protection of the\nEnvironment) of the California Environmental Quality Act (CEQA) Guidelines.\nStaff Report Printout\na. DRAFT - Sustainable City Plan 2022\nb. September 20, 1994 - Sustainable City Plan\nc. February 11, 2003 - Sustainable City Plan Update (Web Link)\nd. October 24, 2006 - Sustainable City Plan Update (Web Link)\ne. April 9, 2013 - Sustainable Rights Ordinance\nf. January 14, 2014 - Sustainable City Plan Update\ng. January 25, 2019 - Creation of Article 12, Sustainability\nh. February 14, 2023 - Sustainable City Plan, Policies, and Programs (Web Link)\ni. Attachment I - Removed Indicators\nj. Attachment J - Added Indicators\nk. Attachment K - Renamed Indicators

A. Adoption of a Resolution for Concealed Carry Weapon License Process\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt the attached resolution establishing certain concealed carry weapon license fees\nfor new applications, renewal applications, and amended licenses, setting maximum and\ncurrent fees, and authorizing the charging of higher fees if State law changes.\n(Attachment A)\n2. Staff recommends the Council adopt a finding of no possibility of significant effect\npursuant to Section 15061(b)(3) (Common Sense Exemption) of the California\nEnvironmental Quality Act (CEQA) Guidelines.\nStaff Report Printout\na. Resolution Establishing CCW Permit Fees\nb. Letter from Sheriff Alex Villanueva and Undersheriff Timothy K. Murakami\nc. CA Dept. of Justice Bureau of Firearms Prohibiting Categories

A. Request of Councilmembers Zwick and Brock to ask the City Attorney and City Manager to return to\nCity Council with amendments and updates to the Municipal Code to prohibit gasoline powered leaf\nblowers, allowing for electric leaf blowers and enhancing enforcement of the prohibition on gas\npowered leaf blowers. Also, request the City Manager to return with potential funding sources to\nincentivize conversion to electric leaf blowers. A draft ordinance amendment is attached.\nRevised Title 3/9/2023\nStaff Report Printout\na. Zwick re leaf blowers 031423_Draft ordinance

B. Request of Mayor Davis and Mayor Pro Tem Negrete that the City Council allocate $10,000 of\ndiscretionary funds to Samohi Grad Nite, a 501(c)3, to enable over 165 low-income students to\nattend. This would close the shortfall between previous City funding allocated as part of the annual\nbudget and the organization’s expenses for June 2023. For over 30 years, Grad Nite has provided a\nsafe, secure venue for graduating Santa Monica High School seniors to celebrate their achievements.\nStaff Report Printout

C. Request of Mayor Davis and Councilmember Zwick that the Council allocate $10,000 of its\ndiscretionary funds to support Pride activities this year. Organizers are working with the Pier,\nDowntown Santa Monica, Santa Monica Travel and Tourism, and Santa Monica Place to return Pride\nactivities to the City sometime in June. Current plans are for a one-day, family-friendly celebration\nwith installations in Downtown Santa Monica, at the Pier, and Santa Monica Place. Total budget for\nthe event presently is $30,000-$40,000 and a $10,000 contribution will allow the City to be a\nsponsor of the event. Other organizations are contributing similar amounts as part of their\nsponsorship.\nStaff Report Printout

D. Request of Mayor Davis and Councilmember Torosis that the City Council allot $10,000 of its\ndiscretionary funds to the Santa Monica Animal Shelter Foundation. The funds will be used to help\ncreate a proper turfed play area for dogs at the Santa Monica Animal Shelter. The shelter needs a\nproper area where dogs can play and exercise and interact with potential adopters and shelter\nvolunteers. Currently, the play area is all dirt which makes it unusable and unpleasant much of the\ntime and it has repeatedly flooded in recent rains. Creating a properly turfed area will greatly benefit\nshelter dogs’ wellbeing while waiting for their forever home. The estimated total cost of the project\nis $30,000 and the Foundation plans to seek private donations for the additional monies needed to\ncomplete the project.\nStaff Report Printout

E. Request of Mayor Davis and Mayor Pro Tem Negrete that the City Council allocate up to $10,000 of\ntheir Discretionary Funds to the Montana Avenue Merchants Association, a 501 (c) (3) for their\nannual Art Walk that is planned for September 30, 2023. The Art Walk is a one-day outdoor art\nfestival that takes place along the Montana Ave. business corridor, from 6th - 17th Streets. The\nevent includes performance artists, live music, and interactive art activities for children and adults.\nArt Walk has been an annual event for the past 10 years and has become one of Montana Avenue’s\nsignature events. The funding will be used to offset costs related to supporting an enhanced and\nexpanded event including the costs associated with potentially closing portions of Montana Avenue.\nStaff Report Printout

F. Request of Councilmember de la Torre and Mayor Pro Tem Negrete to determine the costs to improve\nthe vacant lot at 1318-1320 4th Street to allow for sustained parking and other uses until\ndevelopment of the affordable housing project designated for the property commences.\nStaff Report Printout

G. Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending on\nJune 30, 2023. New Item Received 3/09/2023\nStaff Report Printout\na. Architectural Review Board List

H. Recommendation to accept Evan Nicholas' resignation from the Disabilities Commission and\nauthorize the City Clerk to publish the vacancy. New Item Received 3/09/2023\nStaff Report Printout\na. ResignationEvanNicholas

A. Conference with Labor Negotiator: Government Code Section 54957.6 – City Representatives: City\nManager David White and Chief People Officer Lori Gentles; Human Resources Manager Robert\nScalise; Alexander Volberding, Liebert Cassidy Whitmore; Bargaining Unit: ATA-Administrative Team\nAssociates New Item Received 3/09/2023

B. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): City\nof Santa Monica, et al. v. 1238 10th Street, LLC., et al.; LASC Case No. 21SMCV01585\nNew Item Received 3/09/2023

C. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1):\nNMS 1539, LLC., et al. v. City of Santa Monica, et al.; Central District of California Case No. 2:20-cv-\n11318-FLA(JPRx) New Item Received 3/09/2023

D. Conference with Legal Counsel – Anticipated Litigation – Government Code section 65589.5(d): WS\nCommunities v. City of Santa Monica New Item Received 3/09/2023

E. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1):\nSanta Monica-Malibu School District, et al. v. Los Angeles County Committee on School District\nOrganization; LASC Case No. 22STCP00986 New Item Received 3/09/2023

F. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1):\nLenka Kabilka v. City of Santa Monica; LASC Case No. 22STCV37782\nNew Item Received 3/09/2023\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. City Manager's Report\nStaff Report Printout

A. Approval of Fourth Modification to Contract #9649 (CCS) with Harris Computer Systems Corporation\nfor Software Licensing for the NorthStar Utility Billing System\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect on the environment pursuant to\nSection 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality\nAct (CEQA) Guidelines.\n2. Authorize the City Manager to negotiate and execute a fourth modification to agreement\n#9649 (CCS) in the amount of $550,000 with Harris Computer Systems Corporation to\nextend maintenance and support services for an additional five-year period. This\nmodification would result in a 15-year amended agreement with a new total amount not\nto exceed $1,362,703, with future year funding contingent on Council budget approval.\nStaff Report Printout\na. Attachment A - Staff Report - October 2, 2012\nb. Attachment B - Staff Report - November 28, 2017\nc. FY 22-23 Oaks Initiative (Harris Computer Corporation)\nd. CT 9469 (Original Contract)\ne. CT 9649 (Modification 1)\nf. CT 9649 (Modification 2)\ng. CT 9649 (Modification 3)

B. Adoption of Resolution Declaring Surplus Properties\nRecommended Action\nStaff recommends that the City Council:\n1. Declare three City-owned properties located at 1217 Euclid Street (APN 4282-004-900),\n1211-1217 Fourteenth Street (APN 4282-003-900 and -901), and 1146 Sixteenth Street\n(APN 428-1005-900) as “exempt surplus land” as defined in Government Code Section\n54221(f);\n2. Adopt a Resolution declaring the City-owned properties at 1217 Euclid Street, 1211-1217\nFourteenth Street, and 1146 Sixteenth Street as exempt surplus land, and authorize the\nCity Manager or his or her designee to take implementing actions necessary to comply\nwith the Surplus Land Act (Government Code sections 54220 et seq.; and\n3. Authorize the City Manager or his or her designee to submit the report of declared exempt\nsurplus land as part of the Annual Report to the California Department of Housing and\nCommunity Development (HCD), in conformance with state law.\n4. Adopt a finding of no possibility of significant effect on the environment pursuant to\nSection 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality\nAct (CEQA) Guidelines and find that the issuance of a Request for Proposal for affordable\nhousing on the City-owned properties at 1217 Euclid Street, 1211-1217 Fourteenth Street,\nand 1146 Sixteenth Street are consistent with the certified 6th Cycle Housing Element\nEnvironmental Impact Report.\nStaff Report Printout\na. Proposed Resolution\nb. February 14, 2023 Staff Report (Web Link)\nc. October 11, 2022 Staff Report (Web Link)\nd. Housing Element Appendix F, Figure F-7\ne. Housing Element Program 2.E\nf. Aerial images and site descriptions for Euclid, 14th St. and 16th St. sites

C. Adoption of Resolutions Authorizing the Application for Grant Funds from the California State\nDepartment of Water Resources Urban Drought Relief Grant and the United States and the Bureau of\nReclamation’s WaterSMART: Water Recycling and Desalination Planning Grant Program\nRecommended Action\nStaff Recommends that the City Council:\n1. Adopt the attached resolutions authorizing the application for grants funds in the amount\nof $22.8 million with the California State Department of Water Resources’ Urban\nCommunity Drought Relief Grant Program and $961,033 with the United States Bureau\nof Reclamation’s WaterSMART: Water Recycling and Desalination Planning Grant\nProgram.\n2. Authorize the City Manager to execute all necessary documents to apply for the grant,\naccept the grant, if awarded, and accept all grant renewals, if awarded.\n3. Adopt a finding of Categorical Exemption pursuant to Section 15262, Section 15302,\nSection 15303, Section 15304, and Section 15306 of the California Environmental\nQuality Act (CEQA) Guidelines.\nStaff Report Printout\na. November 18, 2018 Staff Report for the Sustainable Water Master Plan Update (Web Link)\nb. June 8, 2021 Staff Report for the 2020 Urban Water Management Plan (Web Link)\nc. Decmeber 7, 2021 Staff Report for the Groundwater Sustainability Plan (Web Link)\nd. Resolution - Urban Community Drought Relief Grant\ne. Resolution - WaterSMART Grant

D. Award Contract to Alliant Insurance Services, Inc. for Employee Benefit Consulting Services\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect on the environment pursuant to\nSection 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality\nAct (CEQA) Guidelines.\n2. Authorize the City Manager to negotiate and execute an agreement with Alliant Insurance\nServices, Inc. for employee benefit consulting services for the Human Resources\nDepartment. This recommended award is made as an exception to the competitive\nbidding process pursuant to Municipal Code section 2.24.250 (c) and is for a total amount\nnot to exceed $550,000 (including a $54,320 contingency) over five years with future\nyear funding contingent on Council budget approval.\nStaff Report Printout\na. City of Stockton Staff Report\nb. OAKS

E. Adoption of a Resolution to Enter into an Updated Freeway Maintenance Agreement and Negotiate a\nDelegated Maintenance Agreement with Caltrans\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section\n15301 of the California Environmental Quality Act (CEQA) Guidelines\n2. Adopt the attached Resolution authorizing the City Manager to enter into a new updated\nFreeway Maintenance Agreement with the California Department of Transportation\n(Caltrans).\n3. Authorize the City Manager to negotiate and execute a Delegated Maintenance\nAgreement with Caltrans to obtain reimbursement for maintenance work performed by\nthe City on State routes within City boundaries.\nStaff Report Printout\na. Resolution to Enter into FMA\nb. Proposed Freeway Maintenance Agreement\nc. Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City\nof Santa Monica\nd. Resolution No. 3723 of the City of Santa Monica Council Approving Agreement for Maintenance of\nState highways in the City of Santa Monica (reimbursement agreement)\ne. Resolution No. 4784 of the City of Santa Monica Council Approving a Revised Freeway Agreement\nwith the State of California

F. Adoption of Resolution Approving Final Tract Map No. 83026 For 1427 Lincoln Boulevard\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to\nSection 15268(b)(3) of the California Environmental Quality Act.\n2. Adopt the attached resolution approving Final Tract Map No. 83026 for an airspace\nsubdivision of 30 residential condominium units and two commercial condominium units\nlocated at 1427 Lincoln Boulevard.\nStaff Report Printout\na. CCD - Reso - Final Tract Map 1427 Lincoln Boulevard (No. 83026) - 031423

G. Approval of Third Modification to Contract #10419 (CCS) with Infor Global Solutions for the\nComputerized Maintenance Management System for the Public Works Department\nRecommended Action\nStaff recommends that the City Council\n1. Adopt a finding of no possibility of significant effect on the environment pursuant to\nSection 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality\nAct (CEQA) Guidelines.\n2. Authorize the City Manager to negotiate and execute a third modification to Contract\n10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management\nSystem (CMMS) agreement with the Water Resources Division for the Public Works\nDepartment. This modification is to extend the agreement for an additional two years in\nthe amount of $180,000, for a total amount not to exceed $1,169,334 for a total contract\nterm of twenty-four years.\nStaff Report Printout\na. Attachement A - Staff Report - November 9, 1999\nb. Attachment B - Staff Report - March 22, 2022\nc. FY 22-23 Oaks Initiative (Infor Public Sector, Inc)\nd. CT 7636 (Original Agreement)\ne. CT 9238 (Original Agreement)\nf. CT 10419 (Modification 1)\ng. CT 10419 (Modification 2)

H. Award Bids for 3200 Airport Ave Renovation Hazmat Abatement and Adopt a Finding of Categorical\nExemption Under Sections 15301, 15302, and 15308 of the California Environmental Quality Act\nGuidelines\nRecommended Action\nStaff recommends that the City Council:\n1. Award Bid #SP2660 to Unlimited Environmental, Inc. for 3200 Airport Avenue hazardous\nmaterial abatement services for the Public Works Department;\n2. Authorize the City Manager to negotiate and execute an agreement with Unlimited\nEnvironmental, Inc., in an amount not to exceed $229,702 (including a $38,284\ncontingency);\n3. Award Bid #SP2660 to Unlimited Environmental, Inc. for on-call hazardous material\nabatement services for the Public Works Department;\n4. Authorize the City Manager to negotiate and execute agreements with Unlimited\nEnvironmental, Inc., in an amount not to exceed $1,500,000 for three years, with two-\nadditional one-year renewal options in the amount of $500,000, on the same terms and\nconditions for a total amount not to exceed $2,500,000 over a five-year period, with future\nyear funding contingent on Council budget approval.\n5. Award Bid #SP2660 to Castlerock Environmental, Inc. for on-call hazardous material\nabatement services for the Public Works Department;