Santa Monica — 2023-08-22

A. Second Reading and Adoption of an Ordinance Amending SMMC Sections 4.08.270 and 4.12.180 to\nAuthorize Electric Leaf Blowers\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. ORD-PW-Leafblower 2d

B. Second Reading and Adoption of an Interim Zoning Ordinance to Promote Economic Recovery in the\nCity’s Downtown Districts, including the Third Street Promenade Area, and Provide Other Minor and\nClerical Amendments to the Zoning Ordinance Related to Economic Recovery\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. PL-ORD-Promenade IZO 2d

C. Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance to\nProvide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of\nthe City’s 6th Cycle (2021-2029) Housing Element\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. CDD-ORD-Incentives for Certain Housing Projects 2d

D. Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to\nProhibit the Open Carry of Knives, Daggers, and Swords in Public Areas\nNew Item Received. 8/17/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding that the proposed ordinance is categorically exempt under Section\n15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.\n2. Introduce for first reading an ordinance adding Chapter 3.29 to the Santa Monica\nMunicipal Code establishing regulations prohibiting the open carry of knives, daggers,\nand swords in public areas.\nStaff Report Printout\na. Attachment A - City of Santa Monica Knife Assault Statistics\nb. Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords 080823 (002)

E. Introduction and First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to\nRegulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon\nUsage on City-Owned Property and Other Locations, Establish a Voluntary Commitment Program,\nand Ban Non-Serialized Firearms in the City New Item Received. 8/17/2023\nRecommended Action\nStaff recommends that 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 ordinance amending Santa Monica Municipal Code Chapter\n3.24 to regulate retail firearm sales, establish additional firearm owner responsibilities,\nrestrict weapon usage on City-owned property and other locations, establish a voluntary\ncommitment program, and ban non-serialized firearms in the City.\nStaff Report Printout\na. ORD-PD-Firearms 2023.0822 1st

F. Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code\nCreating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and\nChapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of\nNuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved\nNew Item Received. 8/17/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption and no possibility of significant effect pursuant\nto Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and\nSection 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality\nAct (CEQA) Guidelines; and\n2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal\nCode by creating new Article 13, Neighborhood Preservation, Chapter 13.02, Property\nMaintenance, and Chapter 13.04, Vacant Properties, and moving language found in\nChapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances,\nand retitling Chapter 8.96 to Reserved.\n3. Adopt Resolution Amending the Administrative Citation Schedule of Fines for Fiscal Year\n2023-24 to Include Violations of Chapters 13.02, Property Maintenance, 13.04, Vacant\nProperties, and 13.06, Abatement of Nuisances, to the Administrative Citation Fee\nSchedule and Removing All Violations of Chapter 8.96, Abatement of Nuisances from the\nAdministrative Citation Fee Schedule.\n4. Consider providing direction to staff to return at a future City Council meeting with an\nitem creating a vacant property registration program that includes fees which serve to\nrecover costs associated with the inspection and ongoing monitoring of vacant properties\nin the City of Santa Monica.\nStaff Report Printout\na. Ord-CDD-Property Maintenance and Vacant Properties 082223\nb. Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties\nc. Exhibit 2 - Taxicab\nd. Exhibit 3 - Parking Citation\ne. Exhibit 4 - False Alarm Fines\nf. Exhibit 5 - Library Fines\ng. Revisions to Fine Schedule

A. Adoption of Resolution to Establish a City of Santa Monica Poet Laureate Program\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. Adopt a Resolution establishing a City of Santa Monica Poet Laureate program and the\nprogram’s terms and conditions.\n3. Authorize the City Manager or designee to take implementing actions necessary to\nadminister the Poet Laureate program.\nStaff Report Printout\na. Resolution of the City Council of the City of Santa Monica Creating a Poet Laureate Program\nb. Past Council Action 11-29-2022 Staff Report (Web Link)

A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on\n6/30/2025.\nStaff Report Printout\nb. Disabilities.08.22.23.List

B. Recommendation to rescind the appointment of Kate Evarts to the Housing Commission for failure to\nattend Commission Meetings; and, Authorization for the City Clerk to Publish Vacancy.\nStaff Report Printout

C. Recommendation to accept Josh Hamilton's resignation from the Housing Commission and authorize\nthe City Clerk to publish the vacancy.\nStaff Report Printout\na. Resignation Letter

D. Recommendation to accept Debra Senopole's resignation from the Disabilities Commission and\nauthorize the City Clerk to publish the vacancy.\nStaff Report Printout

E. Request of Mayor Pro Tem Negrete to direct the City Manager to waive any facility fees and allow the\nuse of the Council Chambers for a public hearing hosted by the California State Board of Equalization\n(BOE), tentatively scheduled for October 19, 2023 between 9 am- 5 pm. The meeting will be open to\nthe public and will provide valuable information regarding affordable housing tax credits.\nStaff Report Printout

F. Request of Mayor Pro Tem Negrete and Councilmembers Parra and Brock that, to kick off Hispanic\nHeritage Month festivities, Council direct the City Manager to (1) waive fees associated with the\npartial use of the parking lot on the Santa Monica Pier to support the 3rd Annual Santa Monica\nClassic Car Show scheduled for September 9, 2023, presented by the Pico Youth and Family Center;\nand (2) allocate up to $7,000 of Council discretionary funds to reimburse the Pico Youth and Family\nCenter for documented expenditures to support sound & stage, entertainment, and promotional\nmaterials for this event that will be free and open to the public.\nStaff Report Printout

G. Request of Councilmember de la Torre to allocate $2000 of Council discretionary funds to host a\ndelegation of municipal and business leaders from Sister City Mazatlán, Mexico on September 6,\n2023. Topics will focus on exchanges of successful experiences in municipal affairs, strengthening\nties between the two cities, and discussing business opportunities. Funds will be used for food,\ntransportation and related expenses.\nStaff Report Printout

H. Request of Councilmember Torosis, Mayor Davis, and Councilmember Zwick to allocate $9000 of\nCouncil discretionary funds to the Westside Coalition in support of the annual Martin Luther King Jr.\nCelebration to be held on January 15, 2024. This celebration will mark the 39th anniversary of the\nevent and will embrace the theme “Stop the Hate, Start the Healing”. The program will be free and\nopen to the public.\nStaff Report Printout

I. Request of Councilmember Torosis, Councilmember Zwick, and Mayor Davis directing the City\nManager and City Attorney to implement and develop recommendations for programs and\nordinances to protect the 70 percent of Santa Monicans who are renters amidst record evictions.\nNew Item Received. 8/18/2023\na. 16 Item Re Protecting Santa Monica's vulnerable renters_FINAL

J. Request of Councilmembers Torosis and Zwick that the City Council adopt the resolution titled “A\nResolution of the City Council for the City of Santa Monica Declaring Support for the Striking\nWorkers of UNITE HERE Local 11”. Further request of Councilmembers Torosis and Zwick that the\nCity Council direct the City Manager and City Attorney to explore and return to Council with\nrecommendations concerning the adoption of hotel consumer protection and service disruption laws.\nRecommendations should consider hotel consumer protection and service disruption notification laws\nin New York City, Newark, and Washington, D.C. that mandate notification to guests within 24 hours\nof becoming aware of a service disruption, including anticipated impacts of any durational strikes or\npicketing activities at or near a hotel. New Item Received. 8/18/2023\na. SUPPORT FOR THE STRIKING WORKERS OF THE CITY OF UNITE HERE LOCAL 11

K. Mayor Davis, Mayor Pro Tem Negrete, and Councilmember Brock directs the City Manager and City\nAttorney to investigate and analyze the process employed by the LA County Department of Public\nHealth leading to its syringe exchange program in Santa Monica in light of the August 14, 2023\nCalifornia appellate court decision of Grant Park Neighborhood Association Advocates v. Department\nof Public Health, Santa Cruz County, Third Appellate District, holding the California Department of\nPublic Health is required to engage in a fully interactive process with affected local jurisdictions prior\nto implementing a syringe exchange program, then return with information and take all necessary\naction consistent with ensuring the legally required process is followed. On September 13, 2022, the\nCity Council unanimously authorized sending a letter seeking the assistance of Los Angeles County\nin immediately moving the Harm Reduction Syringe Services Program to a service rich environment\n(preferably indoors) where individuals in need of substance abuse, mental health, and other services\ncan coordinate and work directly with service providers. Subsequently, Los Angeles County\ntransitioned to operating the Harm Reduction Syringe Services Program via mobile vans that\noperates for a cumulative three hours per week. New Item Received. 8/18/2023\na. Mayor County Letter 9.15.22

L. Councilmembers Brock, de la Torre and Parra request that the City Manager and City Attorney\nexplain the following: (1) the relationship between AHPP and the ability to be eligible for State\nDensity Bonus and (2) whether AHPP requirements are consistent with income requirements under\nState Density Bonus law. Also, the City Manager and City Attorney are being asked to discuss the\ncompounding effects of the AHPP and State Density Bonus on building height and density. On April\n11, 2023 (Agenda item 10-b), the City Council voted to amend the Zoning Ordinance to ensure\nconsistency with State law and the City’s certified Housing Element that included an updated\nAffordable Housing Production Program (AHPP). New Item Received. 8/18/2023

M. Request of Councilmembers Brock, Parra, and de la Torre, in the spirit of diversity, equity and\ninclusion, that the City Council desires to provide for the participation of not less than one homeless\nindividual or formerly homeless individual on the Santa Monica Housing Authority Board (SMHAB),\nand that the City Council hereby appoints the candidate recommended by the Housing Commission,\nMs. Courtney Lauretano, to the SMHAB as of today's date, to serve until the formal establishment of\nthe rules pertaining to the selection of the proposed Client Advisory Board representation on the\nSMHAB is completed. New Item Received. 8/18/2023\nADJOURNMENT\nPowered by Granicus

A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property:\n1431 Second Street, Santa Monica, California (Parking Structure 6) (APN 4291-016-902); City\nNegotiators: Jennifer Taylor, Economic Development Manager, and David Martin, Community\nDevelopment Director; Owner of Record: City of Santa Monica; Persons to be negotiated with: Gerry\nCottle, Founder, Rooftop Cinema Club; Under negotiation: Price and Terms of Lease\nNew Item Received. 8/18/2023

B. Conference with Legal Counsel – Pending or Potential Litigation – Government Code sections\n54956.9(a) and (d)(2): Gams v. City of Santa Monica New Item Received. 8/18/2023\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. Award Bid to Uniform Accessories Warehouse for Big Blue Bus Motor Coach Operator Uniforms\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 Bid #4443 to Uniform Accessories Warehouse for the provision of Motor Coach\nOperator (MCO) uniforms for the Department of Transportation.\n3. Authorize the City Manager to negotiate and execute an agreement with Uniform\nAccessories Warehouse, in an amount not to exceed $841,700, over a five-year period\nwith future year funding contingent on Council budget approval.\nStaff Report Printout\na. Uniform Warehouse Oaks Form 7.20.23

B. Affirmation and Update of Los Angeles 2024 Summer Olympics and Paralympics Games Guarantee\nLetters to LA28\nRecommended Action\nStaff recommends the Council:\n1. Adopt a finding of Statutory Exemption pursuant to Section 15272 (Olympic Games) of\nthe California Environmental Quality Act (CEQA) Guidelines;\n2. Authorize the City Manager to submit a Venue Guarantee Letter (Attachment A) to LA28\nfor use of Santa Monica State Beach for Beach Volleyball during the 2028 Summer\nOlympics; and\n3. Authorize the City Manager to submit a City Guarantee Letter (Attachment B) to LA28 for\nuse of Santa Monica State Beach for Beach Volleyball during the 2028 Summer\nOlympics.\nStaff Report Printout\na. Venue Guarantee Letter LA28 (draft)\nb. City Guarantee Letter LA28 (draft)\nc. Venue Use Guarantee Letter LA 2024\nd. City Guarantee Letters LA 2024\ne. Aerial View of Proposed Venue Site\nf. City Council Staff Report - September 13, 2016 (Web Link)

C. Award RFP to Stantec Consulting Services, Inc., for Water Reservoir Upgrades Engineering Design\nServices\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15302\n(Replacement/Reconstruction), of the California Environmental Quality Act (CEQA)\nGuidelines.\n2. Award Request for Proposal SP#2679 to Stantec Consulting Services, Inc, to provide\nengineering design services, develop construction documents, and provide engineering\nsupport during the construction of the Reservoir Upgrades and Improvements Project for\nthe Public Works Department.\n3. Authorize the City Manager to negotiate and execute an agreement with Stantec in an\namount not to exceed $3,689,292 (including $335,390 contingency) for two years, with\ntwo additional one-year renewal options.\n4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section\nof this report.\nStaff Report Printout\na. November 27, 2018 Staff Report - Sustainable Water Master Plan (SWMP) Update\nb. Oaks Initiative Form - Stantec Consulting Services, Inc.

D. Approval to enter into an agreement with SMC to pay for Memorial Park design services and approve\nthe Design-Build RFB\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Statutory Exemption pursuant to Section 15262, Feasibility and\nPlanning Studies, of the California Environmental Quality Act (CEQA) Guidelines;\n2. Direct staff to proceed with a Request for Bids for design and pre-construction services\nof phases 1 and 2 of the Master Plan, as described herein;\n3. Authorize the City Manager to negotiate and execute a Payment Agreement to accept an\namount not to exceed $2,750,000 with Santa Monica College (SMC) for preparation of\nthe environmental impact analysis, geotechnical engineering, and design and pre-\nconstruction services of phase 1 of the Master Plan of the Memorial Park Redevelopment\nand Expansion Project, as described herein;\n4. Authorize the City Manager to negotiate and execute a reinstatement and fifth\nmodification of agreement #9910 (CCS) in a reduced contract amount not to exceed\n$149,000 (including 10% contingency) with WSP USA Environment & Infrastructure, Inc.\n(formerly Wood Environmental & Infrastructure Solutions Incorporated and AMEC Foster\nWheeler Environment & Infrastructure, Inc.) for environmental consulting services in\ncompliance with CEQA. This will result in a 2-year extension for an 11-year amended\nagreement with a new total amount not to exceed $149,000, with future year funding\ncontingent on Council budget approval;\n5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions\nsection of this report.\nStaff Report Printout\na. Staff Report 1/23/2018: Award of Design Agreement for the Memorial Park Feasibility Study and\nMaster Plan\nb. Staff Report 10/15/2019: Memorial Park Redevelopment and Expansion Master Plan Review\nc. Staff Report 2/11/2020: Design-Build Contract for Memorial Park Expansion\nd. Staff Report 9/27/2022: Memorial Park Expansion Study Session\ne. Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc.

E. Adoption of Resolution Authorizing Application for the California Strategic Growth Council Community\nResilience Centers Grant\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding pursuant to Section 15301 of the California Environmental Quality Act\n(CEQA) Guidelines\n2. Adopt the attached resolution authorizing the application for grant funds from the\nCalifornia Strategic Growth Council Community Resilience Centers Program for the\nVirginia Avenue Park Community Resilience Center for the Public Works Department.\n3. 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.\nStaff Report Printout\na. May 28, 2019 Staff Report (web link)\nb. March 14, 2023 Staff Report (web link)\nc. April 11, 2023 Staff Report (web link)\nd. Resolution to Apply for SGC CRC Grant FORMATTED

F. Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the\nAIDS/LifeCycle 2024 Finish Line Festival\nRecommended Actions\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal\nOperations of Facilities for Public Gatherings) of the California Environmental Quality Act\n(CEQA) Guidelines; and\n2. Authorize the City Manager to negotiate and execute a license agreement with the San\nFrancisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 7-8,\n2024 for the “AIDS/LifeCycle 2024 Finish Line Event.”\nStaff Report Printout\na. ALC 2024 Finish Line Festival Event Narrative\nb. January 10, 2023 Staff Report Authorizing ALC 2023 Finish Line Festival (Web Link)\nc. AIDS Lifecycle Ride License Agreement 2023\nd. AIDS LifeCycle Ride Oaks 2024

G. Award Bid to Fleming Environmental Inc. for Testing, Maintenance, and Repair of the City’s\nUnderground and Above-ground Fuel Storage Tanks\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308\nof the California Environmental Quality Act (CEQA) guidelines.\n2. Award Bid #4449 to Fleming Environmental Inc. for testing, maintenance, and repair of\nthe City’s underground and above-ground fuel storage tanks for the Public Works\nDepartment.\n3. Authorize the City Manager to negotiate and execute an agreement with Fleming\nEnvironmental Inc. in an amount not to exceed $100,000 for one year, with four\nadditional one-year renewal options at 3% increases per year for a total amount not to\nexceed $531,000 over a five-year period, with future year funding contingent on Council\nbudget approval.\nStaff Report Printout\na. Oaks Initiative Form - Fleming Environmental Inc.

H. Approval of First Modification of Agreement # 10796 with Axon Enterprises, Inc. for In-Car Camera\nSystems, Body Worn Cameras, and Cloud-Based Memory Storage for the Police Department\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. Authorize the City Manager to negotiate and execute a first modification to agreement\n#10796 in the amount of $3,155,360 (including a 10% contingency) with AXON\nEnterprises for the purchase of camera systems to include Body Worn Cameras (BWC),\nin-car cameras, and interview room cameras. The agreement will also be for the purchase\nof vital software components to include Evidence.com, a video management and storage\nsystem and Performance, an auditing and reviewing software. This will result in a 10-year\namended agreement with a new total amount not to exceed $5,199,625.\n3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of\nthis report.\nStaff Report Printout\na. December 18, 2018 - Staff Report (Web Link)\nb. Original Contract - Part I\nc. Original Contract - Part II\nd. Axon Oaks Form 2023

A. Annual Appointments to the following Boards and Commissions. Continued from 7/25/2023.\nNew Item Received. 8/18/2023\nBoard/Commission No. of Term End Special Requirements\nSeats Date\nDisabilities Commission 1 6/30/2027 Must be self-identified person with a\ndisability and reside in the City.\nHousing Commission 1 6/30/2025 Must be a resident of the City and be\nan affordable housing program\nparticipant who is 62 years or older.\nPublic Safety Reform and 1 6/30/2027 One shall be between 18-22 years.\nOversight Commission\nUrban Forest Task Force 1 6/30/2025 One must be current or past certified\narborist. Must reside, work or hold\nbusiness licenses in the City\nb. List of Applicants\nc. Written Comments