Santa Monica — 2023-04-11

City Council

#A Order of Business 10
A. Second Reading and Adoption 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\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. CDD-Ord-Private Outdoor Space 2d
#B Order of Business 10
B. Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance for\nConsistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-2029) Housing\nElement; for Consistency with Updates to State Law Related to Housing Production and Minimum\nParking Requirements; and to Make Minor Changes, Clarifications and Corrections Including\nModifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District\nand Modifications to the Standards for Accessory Structures New Item Received 4/6/2023\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. Ordinance
#C Order of Business 10
C. Second Reading and Adoption of an Ordinance Amending the Official Districting Map for Consistent\nDesignation of Identified Parcels New Item Received 4/6/2023\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. CDD-Ord-Zoning Map Amendments 2d 041123
#A Order of Business 11
A. Fiscal Year 2022-23 Midyear Budget\nRecommended Action\nStaff recommends that the City Council, Housing Authority and Parking Authority:\n1. Appropriate FY 2022-23 midyear revenue and expenditure budget adjustments\n(Attachment A).\nStaff also recommends that the City Council:\n1. Adopt a Resolution establishing new classifications and adopting salary rates for various\npositions (Attachment B);\n2. Approve the position and classification changes (Attachment C);\n3. Adopt the attached resolution authorizing the application for approved grant funds in the\namount of $10 million from the California Arts Council for the Santa Monica City Yards\nModernization Microgrid Projects (Attachment D);\n4. Adopt the attached resolution authorizing execution of agency-state Master Agreement\nfor State and Federal-Aid funded transportation projects with the California Department of\nTransportation, in the amount of $4.8 million, for the Lincoln Neighborhood Corridor\nStreetscape (LiNC) projects (Attachment E);\n5. Authorize the City Manager to accept a grant award in the amount of $51,173 from the
#B Order of Business 11
B. Approval of minutes for Housing Authority and Parking Authority meetings\nNew Item Received 4/6/2023\nRecommended Action\nStaff recommends that the Parking Authority and Housing Authority approve the minutes for the\nfollowing:\n1. February 8, 2022 Parking Authority meeting; and\n2. April 12, 2022 and September 13, 2022 Housing Authority meetings.\nStaff Report Printout\na. February 8, 2022 Parking Authority minutes\nb. April 12, 2022 Housing Authority minutes\nc. September 13, 2022 Housing Authority minutes
#C Order of Business 11
C. Introduction and First Reading of an Ordinance Forming a Client Advisory Board\nNew Item Received 4/6/2023\nRecommended Action\nStaff recommends that the Housing Authority Board:\n1. Review and provide direction on the proposed approach for the creation of the Client\nAdvisory Board (CAB) to replace the current Resident Advisory Board (RAB).\n2. Extend the term of the Section 8 Resident Advisory Board (RAB) member on the Housing\nAuthority Board until two CAB members are appointed (at least one a Section 8 voucher\nholder) by the Housing Authority.\nStaff recommends that the City Council:\n1. Introduce for First Reading an Ordinance, adding Chapter 2.70 to create the CAB.\nStaff Report Printout\na. RAB staff rpt 091322\nb. Santa Monica Housing Commission RAB Recommendations\nc. CAB Formation Ordinance\nd. NAR-SAAH Independent Study\nADJOURNMENT OF SPECIAL JOINT MEETING
#U Order of Business 11
U.S. Department of Justice (DOJ) Bureau of Justice Assistance 2022 Bulletproof Vest\nPartnership (BVP) Grant to support the replacement of bulletproof vests and execute all\nnecessary documents to accept the grant and all grant renewals;\n7. Authorize staff to amend the City’s Fiscal Policy to allow for the suspension of the\naccelerated paydown of the City’s unfunded pension liability from FY 2022-23 to FY\n2027-28 or later, pending restoration of City services and maintenance budgets and\nreserves; and,\n8. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. Attachment A - Budget Adjustments FY 2022-23\nb. Attachment B - Salary Resolution\nc. Attachment C - Position and Classification Changes\nd. Attachment D - Resolution for Santa Monica City Yards Modernization Microgrid Project\ne. Attachment E - Resolution re State and Federal Aid Funded Projects\nf. Attachment F - June 28, 2022 Staff Report (Web Link)\ng. Attachment G - Council Priorities\nh. Attachment H - 2023 Council Workshop to Select Council Priorities and Provide Direction on the\nFiscal Year 2023-2025 Budget (Web Link)
#A Order of Business 12
A. Adoption of Santa Monica Housing Authority Draft Fiscal Year 2023-24 Annual and Administrative\nPlans Formerly Listed as Item 5.G.\nRecommended Action\nStaff recommends that following the close of the public hearing the Housing Authority Board:\n1. Adopt the FY 2023-24 Santa Monica Housing Authority Annual Plan, provided as\nAttachment A;\n2. Adopt the FY 2023-24 Santa Monica Housing Authority Administrative Plan, provided as\nAttachment B;\n3. Adopt the New Family Self-Sufficiency Action Plan (Formerly Chapter 18 of the\nAdministrative Plan) as Attachment C; and\n4. Authorize the Submission of the FY 2023-24 Annual and Administrative Plans to the\nUnited States Department of Housing and Urban Development.\n5. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. Draft Annual Plan FY 2023-24\nb. Draft Administrative Plan FY2023-24\nc. Draft FSS Action Plan\nd. HUD's Template FSS Action Plan\ne. 5-YearPlan FY 2020\nf. Propose Changes to Administrative Plan\ng. Summary of Comments and Responses\nh. Actual Written Comments\nADJOURNMENT OF SPECIAL MEETING
#A Order of Business 16
A. Appointment to one unscheduled vacancy on the Commission on Sustainability, Environmental\nJustice and the Environment for the term ending on June 30, 2024.\nNew Item Received 4/6/2023\nStaff Report Printout\na. ApplicantListCSEJE
#B Order of Business 16
B. Request of Mayor Davis and Councilmembers Zwick and Brock that the City Council direct the City\nManager and City Attorney to study and draft an ordinance that would guarantee healthcare workers\na minimum wage in Santa Monica. New Item Received 4/6/2023\nStaff Report Printout\na. Minimum Wage for Healthcare Workers_20230411
#C Order of Business 16
C. Request of Mayor Davis, Councilmember Torosis, and Councilmember Zwick that, pursuant to the\nCity’s naming policy, the City Council direct the Recreation and Parks Commission and the Library\nBoard to consider renaming the Pico Branch Library in honor of longtime resident and activist Lloyd\nAllen. Council requests that the advisory bodies consider this matter and report back to the Council\nwithin 60 days. New Item Received 4/6/2023\nStaff Report Printout
#D Order of Business 16
D. Request of Councilmembers Torosis and Parra and Mayor Pro Tem Negrete that Council direct the\nCity Manager and City Attorney evaluate and develop recommendations for Council action to\nregulate fractional ownership of single-family homes and residential condominiums. These\nrecommendations should also include a review of best practices from similarly situated jurisdictions.\nNew Item Received 4/6/2023\nStaff Report Printout\na. Fractional Ownership 16 item -04-11-23_revised
#E Order of Business 16
E. Request of Councilwoman Parra, Councilman Brock and Councilman de la Torre that the City Council\nallocate $4,000 in discretionary funds to Santa Monica High School to support their Latina/o\ngraduation. New Item Received 4/6/2023\nStaff Report Printout\na. Discretionary Funds as of 4.11.23
#A Order of Business 3
A. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Leon\nGurvin v. City of Santa Monica; LASC Case No. 21STCV41297 New Item Received 4/6/2023
#B Order of Business 3
B. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1):\nZachary Thomas Hoevet v. City of Santa Monica; LASC Case No. 21STCV30547\nNew Item Received 4/6/2023
#C Order of Business 3
C. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1):\nPirouz Mousheshirazi v. City of Santa Monica; LASC Case No. 20STCV34094\nNew Item Received 4/6/2023
#D Order of Business 3
D. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1):\nJerrid Powell v. City of Santa Monica, et al.; LASC Case No. 20STCV15438\nNew Item Received 4/6/2023
#E Order of Business 3
E. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1):\nMavis Soloway v. City of Santa Monica, et al.; LASC Case No. 20STCV47478\nNew Item Received 4/6/2023
#F Order of Business 3
F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant\nto Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No.\n22STCV30598; John TAU Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe\n1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No.\n22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe\n(D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v.\nSanta Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v.\nSanta Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case\nNo. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835\nNew Item Received 4/6/2023\nStaff Report Printout
#G Order of Business 3
G. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant\nto Gov. Code Section 54956.9(d)(1): City of Santa Monica v. Insurance Company of the State of\nPennsylvania, et al., Orange County Superior Court, Case No. 30-2022-01261243\nNew Item Received 4/6/2023
#H Order of Business 3
H. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties:\n1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011-904,\n4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906),\nExpo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011-909, 4290-011-902, &\n4290-011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang,\nSenior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with:\nFrank B. Chang, Vice President of Acquisitions, AMCAL Multi-Housing, Inc.; Under negotiation: Price\nand Terms of Payment for Sale New Item Received 4/6/2023\nStaff Report Printout
#I Order of Business 3
I. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties:\n1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011-904,\n4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906),\nExpo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011-909, 4290-011-902, &\n4290-011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang,\nSenior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with:\nAaron Sorochinsky, AVP, Investments, Cypress Equity; Under negotiation: Price and Terms of\nPayment for Sale New Item Received 4/6/2023\nStaff Report Printout
#J Order of Business 3
J. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property:\n1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City\nNegotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang; Owner of Record: City\nof Santa Monica; Persons to be negotiated with: Cary Upton, Chief Operations Officer, Santa Monica\nMalibu Unified School District; Under negotiation: Price and Terms of Payment for Sale\nNew Item Received 4/6/2023
#K Order of Business 3
K. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property:\n1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City\nNegotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development\nAnalyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Jesus Hernandez,\nDirector of Housing Development, Community Corporation of Santa Monica; Under negotiation: Price\nand Terms of Payment for Sale New Item Received 4/6/2023\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.
#A Order of Business 4
A. City Manager Report: Santa Monica Travel and Tourism and the Experience Management Plan\nStaff Report Printout
#A Order of Business 5
A. Award Construction Contract for Cloverfield Boulevard Recycled Water Main Installation Project\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Statutory Exemption pursuant to Section 21080.21 of the California\nEnvironmental Quality Act (CEQA);\n2. Award Bid #SP2667 to Blois Construction Inc., for the construction of Cloverfield\nBoulevard Recycled Water Main Installation Project for the Public Works Department;\n3. Authorize the City Manager to negotiate and execute an agreement with Blois\nConstruction Inc, in an amount not to exceed $2,063,022 (including a $269,090\ncontingency); and\n4. Authorize the Director of Public Works to issue any necessary change orders to complete\nadditional work within contract authority;\n5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section\nof this report.\nStaff Report Printout\na. Blois Oaks Initiative
#B Order of Business 5
B. Award Purchase Order to One Source Distributors for Street Light Electrical Supplies\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing\nFacilities), of the California Environmental Quality Act (CEQA) Guidelines;\n2. Award Bid #SP2685-1 to One Source Distributors, a Delaware Corporation, for the\npurchase and delivery of streetlight electrical supplies for the Public Works Department;\nand\n3. Authorize the Procurement Manager to issue a purchase order with One Source\nDistributors for Streetlight Electrical Supplies in the amount not to exceed $500,000 (for\none year, with four additional one-year renewal options to extend at increases between\n6% to 20%) for a total amount not to exceed $2,500,000, with future year funding\ncontingent on Council budget approval.\nStaff Report Printout\na. One Source Distributors Oaks Initiative Form
#C Order of Business 5
C. Presentation of the Annual Comprehensive Financial Report (ACFR) to the Audit Subcommittee\nRecommended Action\nStaff recommends that the City Council:\n1. Receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’\nLetter to Council, and the Independent Auditors’ Report on Internal Control Over\nFinancial Reporting and on Compliance and Other Matters Based on an Audit of\nFinancial Statements Performed in Accordance with Government Auditing Standards for\nthe City’s financial statements for the fiscal year ended June 30, 2022; and\n2. Consider a request by the Audit Subcommittee to instruct staff to increase the amount of\ndisclosure related to Notes Receivables to include the gross amount of loans and amount\nof allowances, as well as a summary of the accounting principles driving the loan\nallowances, for inclusion in the ACFR for the fiscal year ending June 30, 2023.\n3. Adopt a finding of no significant effect pursuant to Section 15061(b)(3) (Common Sense\nExemption) of the California Environmental Quality Act (CEQA) Guidelines\nStaff Report Printout\na. Annual Comprehensive Financial Report\nb. Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance\nwith Other Matters Based on an Audit of Financial Statements...\nc. Auditors’ Communication Letter to Council
#D Order of Business 5
D. Adoption of Resolution Designating Alternate Representative for the Santa Monica Basin\nGroundwater Sustainability Agency\nRecommended Action\nStaff recommends that the City Council:\n1. Authorize the City Manager to appoint a second Alternate Representative, acting in the\ncapacity of Board Member, to serve on the Board for the Santa Monica Basin\nGroundwater Sustainability Agency;\n2. Adopt the Resolution authorizing the City Manager to appoint a second Alternate\nRepresentative to represent the City on the Board for the Santa Monica Basin\nGroundwater Sustainability Agency; and\n3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. Santa Monica Basin Groundwater Sustainability Agency Memorandum of Understanding (Web\nLink)\nb. Approval of the Santa Monica Basin Groundwater Sustainability Plan (Web Link)\nc. GSA Alternate Representative Resolution
#E Order of Business 5
E. Award Bid to Uniserve Facilities Service Corporation for Detail Cleaning of Transit Buses\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. Award Bid #4440 to Uniserve Facilities Service Corporation for detail cleaning of Santa\nMonica Department of Transportation’s fleet of transit buses; and\n3. Authorize the City Manager to negotiate and execute an agreement with Uniserve, in an\namount not to exceed $695,076, including a $63,189 contingency, and a 3% cost\nescalator, over a five-year period with future year funding contingent on Council budget\napproval.\nStaff Report Printout\na. Uniserve Oaks
#F Order of Business 5
F. Adoption of Amended Conflict of Interest Code to Revise the Designated Positions as Required by\nCalifornia Law To File Statements of Economic Interest\nRecommended Action\nStaff recommends that the City Council update the City’s Conflict of Interest Code by adopting\nthe proposed corrected Exhibit 1 reflecting positions subject to reporting requirements.\nStaff Report Printout\na. 2023 COI EXHIBIT 1
#G Order of Business 5
G. Adoption of Santa Monica Housing Authority Draft Fiscal Year 2023-24 Annual and Administrative\nPlans Item 5.G. Moved to Item 12.A. 4/6/2023.
#H Order of Business 5
H. Adoption of a Resolution Amending the Rules of Order and Procedure for the Conduct of City Council\nMeetings New Item Received 4/6/2023\nRecommended Action\nStaff recommends Council adopt the attached amended Council Rules Resolution to include\nRule 6(s).\nStaff Report Printout\na. Exhibit A - Council Rules Reso re 16 items 041123
#I Order of Business 5
I. Award Request for Proposal and enter into Agreement with Norman A. Traub & Associates and\nHRemedy, Inc. for Mediation and Investigation Services New Item Received 4/6/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\n2. Award RFP #298B to Norman A. Traub & Associates, a California based company, for\ninvestigation services needs of the Human Resources Department.\n3. Award RFP #298B to HRemedy, Inc., a California based company, for mediation services\nneeds of the Human Resources Department.\n4. Authorize the City Manager to negotiate and execute a professional services agreement\nwith HRemedy, Inc. for a two-year pilot program in an amount not to exceed $75,000 for\ntwo years; and\n5. Authorize the City Manager to negotiate and execute a professional services agreement\nwith Norman A. Traub & Associates for a two-year pilot program in an amount not to\nexceed $150,000 for two years.\nStaff Report Printout\na. 22-23 OAKS- HRemedy\nb. 22-23 OAKS- NATA
#J Order of Business 5
J. Adoption of a Resolution Accepting the Tentative Agreement and Authorizing the City Manager to\nExecute a Memoranda of Understanding with the City and the Fire Executive Management\nAssociation New Item Received 4/6/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24\nRegulations of Working Conditions) of the California Environmental Quality Act (CEQA)\nGuidelines;\n2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreement (TA)\nand authorizing the City Manager to execute a Memorandum of Understanding (MOU)\nwith the Fire Executive Management Association;\n3. Adopt the salary schedule (Attachment B); and\n4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of\nthis report.\nStaff Report Printout\na. Attachment A - FEMA TA RESO 4.11.23\nb. Attachment B- Salary Schedule 3_27_2023
#A Order of Business 8
A. Appointment to one open seat on the Human Services Commission for the term ending in June 30,\n2025. (CONTINUED FROM 9/27/2022) New Item Received 4/6/2023\nStaff Report Printout\na. ApplicantListHSC