Santa Monica — 2023-04-25

A. Introduction and First Reading of an Ordinance amending SMMC Chapter 8.110 adding Gender\nNeutral Public Restroom Access\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. Introduce for first reading the attached proposed ordinance to add Chapter 8.110\n(Gender Neutral Public Restroom Access) to the Santa Monica Municipal Code.\nStaff Report Printout\na. Attachment A - Draft Gender Neutral Public Restroom Ordinance

B. Introduction and First Reading of an Interim Zoning Ordinance Extending Interim Zoning Regulations\nAdopted by Interim Zoning Ordinance 2738 (CCS) to Eliminate the Prohibition of Certain Restaurants\nwith Frontage on the Third Street Promenade\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; and\n2. Introduce for first reading an Interim Zoning Ordinance extending interim zoning\nregulations adopted by Interim Zoning Ordinance 2738 (CCS) eliminating the prohibition\nof certain restaurants with frontage on the Third Street Promenade.\nStaff Report Printout\na. City Council Meeting - March 14, 2023 (Web Link)\nb. CDD--IZO re Fast Food on Promenade Extension 042523

C. Introduction and Adoption of an Urgency Ordinance Amending Chapter 4.68 to allow for “Open\nStreet” Community Events to promote public safety and welfare, and associated changes.\nNew Item Received 4/20/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15304\n(minor alterations to land)\n2. Introduce and adopt the urgency ordinance amending Chapter 4.68 to allow for “Open\nStreet” Community Events to promote public safety and welfare, and associated\nchanges.\nStaff Report Printout\na. June 27, 2000 Approval of Community Event Policy (Web Link)\nb. April 24, 2001 Addition of Chapter 4,68 to the SMMC (Web Link)\nc. May 08, 2001 Addition of chapter 4.68 to the Santa Monica Municipal Code (Web Link)\nd. April 08, 2003 Amendment of SMMC Sections Relating To Community Events and Street Banners\n(Web Link)\ne. July 26, 2005 Amendment to SMMC Section 4.68.160 Establishing a New 5/10K Race Route,\nEliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency\nParameters (Web Link)\nf. September 22, 2009 Amendment to Community Events Ordinance for Marathons and Modification\nof Extended Event Policy for Commercial Use of Beach Parking Lot at 1550 PCH (Web Link)\ng. October 25, 2011 Amendment of SMMC Chapters 3.36, 4.08, 4.55, 4.68 and 6.36 relating to\npermitted community events in the City’s public spaces and parks (Web Link)\nh. June 08, 2021 Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances Including\nOutdoor Use Permits and Interim Zoning Changes to Support Santa Monica’s Economic Recovery\n(Web Link)\ni. May 24, 2022 urgency ordinance amending SMMC Section 4.68.150 allowing parades on Main\nStreet to proceed northbound (Web Link)\nj. June 28, 2022 Adoption of urgency ordinance amending Municipal Code Chapter 4.68.150 allowed\nparade routes (Web Link)\nk. September 13, 2022 Approval of MOU for the 2022 Open Main Street October Festival and\nAdoption of a Resolution to Authorize Closure of a Portion of Main Street (Web Link)\nl. ORD open streets 4.25.23_v4.18

A. Adoption of Resolution Declaring Surplus Properties\nRecommended Action\nStaff recommends that the City Council:\n1. Declare the City-owned properties located at 1444 7th Street (“Former Fire Station 1” -\nAPN 4291-020-900), 1654 19th Street ((“City TV” - APN 4290-026-009) and two remnant\nparcels associated with the Expo Lot (APNs 4290-011-901 and 4290-011-902) as\n“surplus land” in accordance with the State of California’s Surplus Land Act (“SLA”);\n2. Adopt a Resolution declaring the City-owned properties at 1444 7th Street (APN 4291-\n020-900), 1654 19th Street (APN 4290-026-009) and Expo Lot Parcels (4290-011-901\nand 4290-011-902) as surplus lands, and authorize the City Manager or designee to take\nimplementing actions necessary to comply with the SLA; and,\n3. 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.\nStaff Report Printout\na. Attachment A - Resolution\nb. Attachment B - NOA Cover Letter\nc. March 23, 2021 Staff Report (Web Link)\nd. October 11, 2022 Staff Report (Web Link)\ne. March 14, 2023 Staff Report (Web Link)

A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June\n30, 2025. New Item Received 4/20/2023\nStaff Report Printout\na. ApplicantListDisabilities04.25.2023

B. Recommendation to accept Abby Arnold's resignation from the Library Board and authorize the City\nClerk to publish the vacancy. New Item Received 4/20/2023\nStaff Report Printout\na. ResignationAbbyArnoldLIBRARY

C. Request of Mayor Davis and Mayor Pro Tem Negrete that the Council allocate $15,000 of Council\nDiscretionary Funds to the Ocean Park Association to help defray the costs of the Annual 4th of July\nParade. New Item Received 4/20/2023

A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties:\nSanta Monica Place Parking Structures 7 and 8, Downtown Santa Monica California; City Negotiator:\nMelissa Spagnuolo, Community Partnership Manager; Owner of Record: City of Santa Monica;\nPersons to be negotiated with: Julia Ladd, Jon Stoeckly, Macerich; Under negotiation: Price and\nTerms of Payment for Billboard License on Parking Structures New Item Received 4/20/2023\nADJOURNMENT OF SPECIAL JOINT MEETING

B. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1):\nNew Item Received 4/20/2023\nJoseph Hollins v. Santa Monica Police Activities League, et al., LASC Case No. 21STCV24491; John\nDoe (DC) v. Santa Monica PAL, et al., LASC Case No. 21STCV47551; John Doe (MU) v. Santa Monica\nPAL, et al., LASC Case No. 22STCV17022; John Doe (FM) v. Santa Monica PAL, et al., LASC Case No.\n22SMCV02617; John Doe (SM) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02586; John Doe\n(JA) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02615; John Doe #1-#4 v. Does 1-50, LASC\nCase No. 21STCV34537; John Doe #5 and John Doe #6 v. Does 1-50, LASC Case No. 22STCV08765;\nJohn Doe #7 et al. v. City of Santa Monica, et al., LASC Case No. 22STCV35685; John Doe 142 v. Doe\n1, et al., LASC Case No. 22SMCV02483; John Doe #12 v. Santa Monica Police Activities League, et al.,\nLASC Case No. 22SMCV01804; John VMA Doe, et al. v. City of Santa Monica, et al., LASC Case No.\n22STCV30598; John Doe #1 (J.M.), John Doe #2 (A.M.), and John Doe #3 (H.U.) v. City of Santa\nMonica, et al., LASC Case No. 22SMCV02926; Jose Villaseñor v. Doe 1, et al., LASC Case No.\n22STCV17835; John Doe #1, et al. v. Roe #1, et al., LASC Case No. 22STCV03113; John Doe #4 v.\nSanta Monica Police Activities League, et al., LASC Case No. 22SMCV01081; John Doe #5 (R.A.), et al.\nv. Roe #1, et al., LASC Case No. 22SMCV02729; John Doe #8 (C.S.) v. Roe #1, et al., LASC Case No.\n22SMCV02783; John Doe #9 (P.G.) v. Roe #1, et al., LASC Case No. 22SMCV02754; Melissa Campos,\na successor in interest to decedent John Doe J.L., et al. v. Santa Monica Police Activities League, et al.,\nLASC Case No. 22SMCV02976; John T.A.U. Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV19401;\nJohn A.Y.U. Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV38169; John FM Doe, et al. v. Roe #1, et\nal., LASC Case No. 22SMCV02054; John MB Doe, et al. v. City of Santa Monica, et al., LASC Case No.\n22SMCV02049; John JS Doe v. Roe #1, et al., LASC Case No. 22SMCV02279; John GG Doe v. Roe #1,\net al., LASC Case No. 22SMCV02961; John R. Doe v. Roe #1, et al., LASC Case No. 22SMCV02472;\nJohn B. Doe v. Roe #1, et al., LASC Case No. 22SMCV02878; Jane J. Doe v. Roe #1, et al., LASC Case\nNo. 22SMCV02879; John M. Doe v. Roe #1, et al., LASC Case No. 22SMCV02899; John T. Doe v. Roe\n#1, et al., LASC Case No. 22SMCV02923; John W. Doe v. Roe #1, et al., LASC Case No.\n22SMCV02940; John D. Doe v. Roe #1, et al., LASC Case No. 22SMCV02904; John C. Doe v. Roe #1,\net al., LASC Case No. 22SMCV02909; John G. Doe v. Roe #1, et al., LASC Case No. 22SMCV02928;\nJohn J. Doe v. Roe #1, et al., LASC Case No. 22SMCV02914; John W. Doe # 2 v. Roe #1, et al., LASC\nCase No. 22SMCV02931; John H. Doe v. Roe #1, et al., LASC Case No. 22SMCV02959; John B. Doe\n#2 v. Roe #1, et al., LASC Case No. 22SMCV02962; John M. Doe #2 v. Roe #1, et al., LASC Case No.\n23SMCV00134; John Doe #1 v. Doe 1, et al., LASC Case No. 22SMCV02945; John Doe #2 v. Doe 1, et\nal., LASC Case No. 22SMCV02933; John Doe #3 v. Doe 1, et al., LASC Case No. 22SMCV02946; Eric\nDelance Moore v. John Doe City, et al., LASC Case No. 22SMCV02913; Jerod Hubbard v. John Doe, et\nal., LASC Case No. 22SMCV02906; John CL Doe, et al. v. Roe #1, et al., LASC Case No.\n22SMCV02935; Joey Rene Leyba III v. City of Santa Monica, et al., LASC Case No. 22SMCV02929\nStaff Report Printout

C. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1): City of\nSanta Monica v. Insurance Company of the State of Pennsylvania, et al., Orange County Superior\nCourt, Case No. 30-2022-01261243.1144 12th Street, LP v. City of Santa Monica, LASC Case No.\n22STCP03496 New Item Received 4/20/2023

D. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1): City of\nSanta Monica, et al. v. 1238 10th Street, LLC, et al.; LASC Case No. 21SMCV01585\nNew Item Received 4/20/2023

E. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1): NMS 1539,\nLLC, et al. v. City of Santa Monica, et al.; CD Calif. Case No. 2:20-cv-11318-FLA(JPRx)\nNew Item Received 4/20/2023

F. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1): Jennifer\nHoward; Amanda Pawlowski v. City of Santa Monica; LASC Case No. 20STCV34094\nNew Item Received 4/20/2023

G. Conference with Legal Counsel - Anticipated Litigation - Gov. Code section 65589.5(d): WS\nCommunities v. City of Santa Monica New Item Received 4/20/2023

A. 2023 City Clerk Week Proclamation\nStaff Report Printout\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

B. City Manager's Report\nStaff Report Printout

A. Award RFP to Aeroplex Group Partners, LLC for Airport Commercial Real Estate Services\nRecommended Action\nStaff recommends that the City Council:\n1. Award RFP #340 to Aeroplex Group Partners, LLC., a California-based\ncorporation, to provide commercial real estate brokerage, aviation property\nmanagement and related consulting services to the Santa Monica Airport;\n2. Authorize the City Manager to negotiate and execute an agreement with\nAeroplex Group Partners, LLC. in an amount not to exceed $1,453,183 for three\nyears, with two additional one-year renewal options of $483,987 for renewal option\nYear One and $468,922 for renewal option Year Two, for a total amount not to\nexceed $2,406,092 (including a 10% contingency), with future year funding\ncontingent on Council budget approval; and\n3. Adopt a finding of no possibility of significant effect pursuant to Section\n15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act\n(CEQA) Guidelines.\nStaff Report Printout\na. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)\nb. Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018\n(1)\nc. Aeroplex Group Partners, LLC OAKS_20230206

B. Authorization of Purchase Orders with National Auto Fleet Group and Los Angeles Truck Centers for\nVehicle Replacement Purchases for Various Divisions\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or\nReconstruction) of the California Environmental Quality Act (CEQA) guidelines.\n2. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet\nGroup for the purchase of forty-one Ford sedans, sports utility vehicles, vans, and trucks\nfor the Police, Fire, Public Works, and Library Departments. This recommended award is\nmade as an exception to the competitive bidding process pursuant to Section 2.24.250\n(c) and is for a total amount not to exceed $3,181,078.\n3. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck\nCenters for the purchase of twelve side loader trucks, one rear loader and three front\nloader trucks for the Public Works Department. This recommended award is made as an\nexception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a\ntotal amount not to exceed $7,837,992.\nStaff Report Printout\na. Attachment A Vehicles Staff Report 4.2023\nb. NAFG Oaks\nc. LA Truck Center - Velocity Oaks

C. Authorization of Purchase Orders with Sully Miller Contracting Company and Vulcan Construction\nMaterials for Asphalt Paving Materials\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities),\nof the California Environmental Quality Act (CEQA) Guidelines.\n2. Award Bid #2685-3 to Sully Miller Contracting Company (Sully Miller), a California-based\ncompany, as the primary vendor, and Vulcan Construction Materials (Vulcan), an\nAlabama-based company, as the secondary vendor for the purchase of asphalt paving\nmaterials for the Public Works Department.\n3. Authorize the Procurement Manager to issue a purchase order with Sully Miller for\nasphalt paving materials in the amount not to exceed $200,000 for one year, with four\nadditional one-year renewal option(s) to extend at mutually agreeable price adjustment\nfor a total amount not to exceed $1,000,000 with future year funding contingent on\nCouncil budget approval.\n4. Authorize the Procurement Manager to issue a purchase order with Vulcan for asphalt\npaving materials in the amount not to exceed $50,000 for one year, with four additional\none-year renewal option(s) to extend at mutually agreeable price adjustment for a total\namount not to exceed $250,000, with future year funding contingent on Council budget\napproval.\nStaff Report Printout\na. Sully MIller Oaks Initiative Disclosure Form\nb. Vulcan Oaks Initiative Disclosure Form

D. Approval of Airport Lease with Ruskin Group Theatre Company\nRecommended Action\nStaff recommends that Council:\n1. Authorize the City Manager to negotiate and execute a Lease with Ruskin Group Theatre\nCompany (Ruskin) for live theater and educational uses located at 2800 Airport Avenue,\nreflecting the general terms and conditions below: and\n2. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities),\nof the California Environmental Quality Act (CEQA) Guidelines.\nStaff Report Printout\na. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)\nb. 20230310 Ruskin Oaks Form

E. Authorization to enter into Cost-Sharing Agreements with the City of Los Angeles for Santa Monica\nBay and Ballona Creek\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section\n15308 of the California Environmental Quality Act (CEQA) Guidelines\n2. Authorize the City Manager to negotiate and execute two Memoranda of Agreements\n(MOA) with the City of Los Angeles to implement cost-sharing Coordinated Integrated\nMonitoring Plans (CIMPs) to comply with the Los Angeles Regional Water Quality Control\nBoard's National Pollution Discharge Elimination Systems (NPDES) permit requirements.\nOne MOA is for the Santa Monica Bay and the second MOA is for Ballona Creek.\nStaff Report Printout\na. City of Los Angeles Scope of Work\nb. May 8 2018 Staff Report

F. Approval of Airport Restaurant Lease with Clover Restaurants, Inc. and First Modification to\nAgreement CCS# 10713 with Corporate Realty Group\nRecommended Action\nStaff recommends that Council:\n1. Authorize the City Manager to negotiate and execute a Lease with Clover Restaurants,\nInc. (Clover) for restaurant, outdoor patio and parking space, located at 3200 Airport\nAvenue, and reflecting the general terms and conditions below;\n2. Authorize the City Manager to negotiate and execute the first modification to professional\nservices agreement No. 10713 (CCS) in the amount of $107,377 with Corporate Realty\nGroup (“CRG”), a California-based corporation, to provide additional commercial real\nestate broker and consulting services for the Santa Monica Airport and extend the term of\nthe agreement. This will result in an amended agreement expiring on December 31,\n2024, for a total agreement term of 6 years and 4 months, with a new total amount not to\nexceed $1,252,416 with future year funding contingent on Council budget approval; and\n3. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities),\nof the California Environmental Quality Act (CEQA) Guidelines.\nStaff Report Printout\na. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)\nb. CRG SR 2878 7242018 meeting\nc. 20220614_Con_CRG_FY22_OAKS_\nd. 20221222_Oaks Clover Restaurants Inc.\ne. 201809_Contract-CRG-10713- signed

G. Approval of First Modification to Contract #2810 with Nobel Systems, Inc. for Software Licensing and\nMaintenance of GeoViewer\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\n2. Authorize the City Manager to negotiate and execute a first modification to Software\nLicense and Maintenance Agreement #2810 in the amount of $120,000 with Nobel\nSystems, Inc. for software licensing and maintenance of GeoViewer, a turn-key mobile\nGIS-based electronic underground service alert ticket tracking system for the Public\nWorks Department. This will result in a fourteen-year amended agreement with a new\ntotal amount not to exceed $314,000 with future year funding contingent on Council\nbudget approval.\nStaff Report Printout\na. Attachment A - CT 2810 - Nobel Systems\nb. FY 22-23 Oaks (Nobel Systems, Inc.)

H. Award Purchase Order to Xylem Water Solutions USA, Inc for Purchase of Two (2) Flygt Pumps\nRecommended Action\nStaff recommends that City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or\nReconstruction) of the California Environmental Quality Act (CEQA) Guidelines.\n2. Authorize the Procurement Manager to issue a purchase order with Xylem Water\nSolutions USA, Inc for the purchase of two (2) Flygt pumps for the Public Works\nDepartment. This recommended award is made as an exception to the competitive\nbidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed\n$300,000 with future year funding contingent on Council budget approval.\nStaff Report Printout\na. FY 22-23 Oaks Initiative (Xylem)

I. Award Bid to CG, Inc. for Detail Repairs of Transit Bus Body Components\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 #4447 to CG Inc. for detail repairs of transit bus body components for the\nSanta Monica Department of Transportation; and,\n3. Authorize the City Manager to negotiate and execute an agreement with CG Inc., in an\namount not to exceed $4,003,938, including a 10% contingency and a 3% cost escalator,\nover a five-year period with future year funding contingent on Council budget approval.\nStaff Report Printout\na. CG Inc. Oaks

J. Award Bid to Ultimate Maintenance Services Corporation for Cleaning of Bus Stop Shelters for the\nSanta Monica Department of Transportation\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 #4441 to Ultimate Maintenance Services Corporation for cleaning of bus stop\nshelters for the Santa Monica Department of Transportation; and,\n3. Authorize the City Manager to negotiate and execute an agreement with Ultimate\nMaintenance Services Corporation, in an amount not to exceed $1,318,450 including a\n$119,859 contingency, over a five-year period with future year funding contingent on\nCouncil budget approval.\nStaff Report Printout\na. Ultimate Maintenance Oaks