Santa Monica — 2023-10-24

A. Introduction and Adoption of an Emergency Ordinance to Clean Up Errors and Restore Previously\nApproved Regulations for Masonry Wall Building Permit Thresholds and to Extend Building Permit\nExpiration Dates\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 and adopt an emergency ordinance amending Article 8 of the Municipal Code\nto clean up errors and restore previously approved regulations that were inadvertently\nomitted by subsequent ordinance approvals.\nStaff Report Printout\na. Draft Proposed Ordinance dated October 24, 2023\nb. Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020\nc. Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022

A. Fiscal Year 2022-23 Year-End Budget Review\nRecommended Action\nStaff recommends that the City Council:\n1. Approve changes to the FY 2022-23 Revised Budget, as described in this report;\n2. Approve changes to the FY 2023-24 Revised Budget and FY 2024-25 Approved Budget,\nas described in this report;\n3. Adopt a Resolution of the City of Santa Monica establishing new classifications and\nadopting salary rates for various listed positions (Attachment A);\n4. Adopt a Resolution of the City of Santa Monica establishing new classifications and\nadopting salary rates for listed positions in the City Attorney’s Office (Attachment B);\n5. Approve the position and classification changes (Attachment C);\n6. Adopt a Resolution of the City Council of the City of Santa Monica revising the\nCity’s master fee schedule to establish new and revise certain user fees and charges\n(Attachment D); and\n7. Authorize the City Manager to accept a grant award in the amount of $90,000 from the\nCalifornia Library Literacy Services (CLLS) for implementation of English as a Second\nLanguage Services (ESL) and to execute all necessary documents to accept the grant\nand all grant renewals;\n8. Authorize the City Manager to accept a grant award in the amount of $514,145 from the

U.S. Department of Justice under the 2023 Bureau of Justice Assistance FY 2023 Justice\nand Mental Health Collaboration Program to support the Services, Treatment &\nEmpowerment Program (STEP), and to execute all necessary documents to accept the\ngrant and all grant renewals;\n9. Authorize the City Manager to negotiate and execute an agreement with Exodus\nRecovery for the STEP for the City Attorney’s Office. This recommended award is made\nas an exception to the competitive bidding process pursuant to Sections 2.24.250 (i) and\n2.24.240 (a) and is for a term of 4 years at a total amount not-to-exceed $1,500,000, with\nfuture year funding contingent on Council budget approval;\n10. Authorize the City Manager to negotiate and execute funding agreements with\ndevelopers and existing businesses to provide funding to support coordination of large-\nscale development projects;\n11. Authorize staff to amend the City’s Fiscal Policies to add the plan to replenish funding\nleveraged to pay for legal settlements and COVID-related losses, as described in\nAttachment E; and

A. Request by Mayor Davis to amend Rule 9(b) of the Council Rules of Procedure concerning Selection\nof Mayor and Mayor Pro Tempore to delete the sentence: “This provision shall not be subject to a\nsuspension of the Council Rules, and shall be implemented until duly repealed or amended by the\nCouncil,” to read as follows: (b) Selection of Mayor and Mayor Pro Tempore. As required by Charter\nsection 604, the Mayor shall be selected by the Council. The procedure for selection shall be as\nfollows: Beginning in December 2022, the Council shall select the longest continuously serving\nCouncilmember, whether initially elected or appointed, to serve as Mayor for a 1 year term. Each\nsubsequent December the next longest continuously serving Councilmember shall be selected as\nMayor for a 1 year term, then rotating each December to select the Mayor in order of the next\nlongest serving Councilmember. If two or more Councilmembers were elected at the same election,\nthe Councilmember receiving the higher number of votes shall be considered as having served\nlonger for purposes of this provision. If two or more Councilmembers were initially appointed to\nserve at the same time, then when they each may first become eligible to be selected as Mayor, a\ncoin flip shall decide who shall be considered as having served longer for purposes of this provision.\nThe Mayor Pro Tempore may be selected by simple majority vote without regard to this provision.\n(This sentence will be deleted: "This provision shall not be subject to a suspension of the Council\nRules, and shall be implemented until duly repealed or amended by the Council.")\nStaff Report Printout

B. Request by Councilmember Torosis to amend Rule 28 of the Council Rules of Procedure to provide

C. Request of Mayor Pro Tem Negrete and Councilmembers Brock and de la Torre to allocate $15,000 of\nCouncil discretionary funds for the Samohi Symphony Orchestra for their upcoming tour in Germany.\nThe funds will support families in need of financial assistance for travel expenses.\nNew Item Received. 10/19/2023\nStaff Report Printout\na. Discretionary Funds as of 10.19.23

D. Request of Mayor Pro Tem Negrete and Councilmembers Brock and de la Torre to allocate $5,000 for\nthe Lincoln Middle School band, orchestra, and choir for their upcoming performance in San\nFrancisco. Funds will be used to support families in need of financial assistance for travel expenses.\nNew Item Received. 10/19/2023\nStaff Report Printout\na. Discretionary Funds as of 10.19.23

A. League of California Cities Presentation: Helen Putnam Award for Excellence\nStaff Report Printout

B. Proclamation: Native American Heritage Month\nStaff Report Printout

C. City Manager's Report\nStaff Report Printout

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. 10/19/2023

B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant\nto Government Code Section 54956.9(d)(1): Supervisory Team Associates v. City of Santa Monica,\nPublic Employment Relations Board, Case No. LA-CE-1608-M [report out only]\nNew Item Received. 10/19/2023\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. Approval of Second Modification of Big Blue Bus (BBB) Lease Contract with Bear Communications,\nInc. for Hollywood Hills Radio Site\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 second modification of agreement\n#10857 in the amount of $126,000 with Bear Communications, Inc., a California\ncorporation, for the extension of an antenna site lease for the Santa Monica Department\nof Transportation (SMDOT). This will result in a 23-year amended agreement with a new\ntotal amount not to exceed $633,000, with future year funding contingent on Council\nbudget approval.\nStaff Report Printout\na. Authorization of Agreement with Advanced Electronics for an Antenna Site Lease (Web Link)\nb. Approval of Big Blue Bus (BBB) lease extension with Bearcomm for Hollywood Hills Radio Site\n(Web Link)\nc. OAKS INITIATIVE FORM Bearcom Fy 23-24\nd. Original Agreement - Antenna Site Sublease\ne. First Modification - Bearcom_Radio_Site_Lease_Agr

B. Approval to add Da-Jiang Innovations Mavic 3 Enterprise and Da-Jiang Innovations Avata UAV to the\nCity's List of Military Equipment\nRecommended Action\nStaff recommends:\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. Approval of adding a Da-Jiang Innovations (“DJI”) Mavic 3 Enterprise Uncrewed Aerial\nVehicle (“UAV”), herein referred to as DJI Mavic 3, and a DJI Avata UAV, herein referred\nto as DJI Avata, to the City’s current inventory of existing UAV’s.\nStaff Report Printout\na. Staff Report - 9.27.2022 (Web Link)

C. Award Agreement to Procore Technologies, Inc. for Construction Management Software\nRecommended Action\nStaff recommends the 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 an agreement with Procore\nTechnologies, Inc. for Construction Management software to manage the Public Works\nDepartment Capital Improvement Program construction projects. This recommended\naward is made as an exception to the competitive bidding process pursuant to Santa\nMonica Municipal Code (SMMC) Sections 2.24.250(b) and is for a total amount not to\nexceed $300,000 over three years with two, one-year renewal options with future year\nfunding contingent on council budget approval.\nStaff Report Printout\na. Oaks Initiative Form - Procore Technologies, Inc.

D. Adoption of Resolution Authorizing the Application for Grant Funds from the The U.S. Department of\nInterior - Bureau of Reclamation FY 2024 WaterSMART Drought Response Program for the Santa\nMonica Groundwater Well SM-4 Replacement Project\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15302 (Class 2 –\nReplacement/Reconstruction) of the California Environmental Quality Act (CEQA)\nGuidelines.\n2. Adopt the attached resolution authorizing the application for grant funds in the amount of\nup to $2,375,000 from the U.S. Department of Interior - Bureau of Reclamation for the\nSM-4 Groundwater Well Replacement Project in 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. Resolution

E. Authorization to Accept Grant from the Board of State and Community Corrections for the Organized\nRetail Theft Prevention Grant 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 the attached resolution authorizing the acceptance of a grant awarded in the\namount of $6,125,000 from the Board of State and Community Corrections for the\nOrganized Retail Theft Prevention Grant Program in the Police Department.\n3. Authorize the City Manager to execute all necessary documents to accept the\ngrants and all grant renewals.\n4. Authorize budget changes as outlined in the Financial Impacts & Budget\nActions section of this report.\nStaff Report Printout\na. Council Resolution Accepting BSCC Grant

F. Approval of Third Modification of Contract 10880 with Grace Environmental for Instrumentation\nServices for Water and Wastewater Facilities\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California\nEnvironmental Quality Act (CEQA) Guidelines.\n2. Authorize the City Manager to negotiate and execute a third modification to agreement\n#10880 in the amount of $380,000 with Grace Environmental for instrumentation services\nfor the Public Works Department. This would remain a five-year agreement with a new\ntotal amount not to exceed $1,005,000, with future year funding contingent on Council\nbudget approval.\nStaff Report Printout\na. July 23, 2019 Staff Report\nb. Oaks Initiative Form - Grace Environmental\nc. Original Contract - CT 10880 Grace Environmental

G. Adoption of a Resolution approving Historic Property Preservation Agreement (Mills Act Contract)\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemptions pursuant to Sections 15308 and 15331 of the\nCalifornia Environmental Quality Act (CEQA) Guidelines.\n2. Adopt the attached Resolution authorizing the City Manager to execute Historic Property\nPreservation Agreement (Mills Act Contract) between the City of Santa Monica and the\nowners of City-designated historic resources located at 3014 4th Street.\nStaff Report Printout\na. 3014 4th Street application materials\nb. Resolution Mills Act Contract 3014 4th Street\nc. 2023 Mills Act Financial Analysis\nd. 3014 4th_oaks initiative form

H. Award Purchase Order with Brenntag Pacific, Inc. to Furnish and Deliver Liquid Hydrofluorosilicic Acid\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of\nthe California Environmental Quality Act (CEQA) Guidelines.\n2. Award Bid #4464 to Brenntag Pacific, Inc. for the purchase of liquid hydrofluorosilicic acid\nfor the Public Works Department.\n3. Authorize the Procurement Manager to issue a purchase order with Brenntag Pacific, Inc.\nfor liquid hydrofluorosilicic acid for a total amount not to exceed $350,000 over a five-year\nperiod, with future year funding contingent on Council budget approval.\nStaff Report Printout\na. Oaks Initiative Form - Brenntag Pacific, Inc.

I. Approval of Urban Area Security Initiative 2020 Additional Grant Acceptance and Approve Third\nContract Modification with Advanced Problem Solving\nRecommended Action\nStaff recommends that the City Council:\n1. Authorize the City Manager to accept an additional award in the amount of $62,000 from\nthe 2021 Urban Area Security Initiative (UASI) for homeland security projects in the Fire\nDepartment, and to approve all associated grant renewals.\n2. Authorize the City Manager to execute all necessary documents to accept the grant,\ngrant modifications, and all associated grant renewals.\n3. Authorize the City Manager to negotiate and execute a third modification to Contractual\nServices Agreement #10967, in an amount not to exceed $62,000 with Advanced\nProblem Solving, LLC, (“APS”) for video and curriculum development services for the Los\nAngeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) for the Fire\nDepartment on the same terms and conditions. This will result in a five-year amended\nagreement with a new total contract amount not to exceed $4,932,000, with future year\nfunding contingent on council budget approval.\n4. Adopt a finding of categorical exemption pursuant to Section 15322 of the California\nEnvironmental Quality Act (CEQA) Guidelines.\n5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section\nof this report.\nStaff Report Printout\na. 03 UASI 2022 Staff Report 5.23.23 Item 5.K\nb. APS Oaks exp 10.4.24\nc. CSA 10967 Original Agreement\nd. CSA APS through 12.5.23 Renewal

J. Adoption of a Resolution Updating the List of Persons Authorized to Conduct Transactions With the\nState Local Agency Investment Fund (LAIF)\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt the attached resolution updating the positions/persons authorized to conduct\ntransactions with the State Local Agency Investment Fund (LAIF) on behalf of the City;\nand\n2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)\n(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. LAIF Resolution 102423

K. Adoption of a Resolution Revising Executive Pay Plan (EPP) to Provide for Relocation Allowance\nBenefit New Item Received. 10/19/2023\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt the attached Resolution authorizing the City Manager to revise the Executive Pay\nPlan (EPP) to provide for a relocation allowance benefit.\n2. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24\nRegulations of Working Conditions) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. HR-Res-EPP-10-24-23

A. Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter\n7.04.800 (Access and Street Improvements) in its Entirety\nContinued from the October 10, 2023 meeting.\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and 15305 of\nthe California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of\nCEQA.\n2. Introduce for first reading the attached ordinance replacing the codified text of Santa\nMonica Municipal Code Chapter 7.04.800 in its entirety to clarify the City’s public right of\nway requirements for new development.\nStaff Report Printout\na. Existing Ordinance 3_14_78 Ordinance (CCS No. 1085)\nb. Proposed Ordinance

B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section\n2.24.110 and 2.24.220(g)(Master Services Agreements)\nContinued from the October 10, 2023 meeting.\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the\nCalifornia Environmental Quality Act (CEQA) Guidelines\n2. Introduce for first reading a proposed ordinance amending Santa Monica Municipal Code\nSections 2.24.110 and 2.24.220(g) related to Master Services Agreements.\nStaff Report Printout\na. Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements -\nStaff Report\nb. Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects - Staff\nReport\nc. MSA Amendment Ordinance

C. Introduction and First Reading of an Interim Zoning Ordinance Amending the Text of the Zoning\nOrdinance to: (1) Replace the Term “Medical Marijuana Dispensary” with “Medicinal Cannabis\nRetailer”; (2) Remove Certain Requirements for Medicinal Cannabis Retailers for Consistency with\nState Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate, and Sell Adult-Use\nCannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over\nContinued from the October 10, 2023 meeting.\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common\nSense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.\n2. Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning\nOrdinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis\nRetailer”, to remove certain requirements for Medicinal Cannabis Retailers for\nconsistency with State law, and to permit Medicinal Cannabis Retailers to deliver,\ncultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 Years\nof Age and Over.\n3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa\nMonica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis\npermits issued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis\nand adult-use cannabis products to persons 21 years of age and over, subject to Santa\nMonica Municipal Code Section 9.31.185.\nStaff Report Printout\na. October 24, 2017 Council Meeting Cannabis Interim Zoning Ordinance (Web Link)\nb. February 25, 2020 Council Meeting Cannabis Interim Zoning Ordinance Extension (Web Link)\nc. June 13, 2023 Council Meeting Adult-Use Cannabis Study Session\nd. Ordinance Amending Section 6.203.010 09.27.23 (001) (clean)\ne. Interim Zoning Ordinance to Allow Adult-Use Cannabis\nf. Written Comments

D. Introduction and First Reading of Water and Wastewater Capacity Study Ordinances\nContinued from the October 10, 2023 meeting.\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and\nSection 15308 of the California Environmental Quality Act (CEQA) Guidelines.\n2. Introduce for first reading the attached ordinance to amend Santa Monica\nMunicipal Code 7.12.180 to require water capacity studies for new developments.\n3. Introduce for first reading the attached ordinance to amend Santa Monica\nMunicipal Code 7.04 to require wastewater capacity studies for new developments.\nStaff Report Printout\na. Written Comments\nb. Draft Ordinance - SMMC 7.12.180 Water Capacity Study\nc. Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study

E. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on\n6/30/2025 (Continued from 10/10/2023). Continued from the October 10, 2023 meeting.\nStaff Report Printout\na. Applicant List

F. Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and\nauthorize the City Clerk to publish the vacancy (Continued from 10/10/2023).\nContinued from the October 10, 2023 meeting.\nStaff Report Printout\na. Resignation Notice

G. Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the\nJustice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act\nhas qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which\nwill expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa\nHawkins prohibits rent control on single-family homes, condominiums and rental units that were\nbuilt after 1995. The Justice for Renters Act removes this ban on rent control in California, giving\nlocal communities the right to stabilize rents and make apartments more affordable for low-income\nand middle-income renters. Repealing Costa Hawkins will help local government address one of the\nroot causes of homelessness--skyrocketing rents and unaffordable housing. Mayor Davis and\nCouncilmembers Torosis and Zwick also request that the City Manager issue a press release\nindicating the City Council’s support for the proposed ballot initiative and send a letter of support\nfrom the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the\nproponents of the Justice For Renters Act. Continued from the October 10, 2023 meeting.\nStaff Report Printout\na. Written Comments

H. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council\nadopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and\ndirect staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los\nAngeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of\nBarrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as\ndeemed appropriate. Continued from the October 10, 2023 meeting.\nStaff Report Printout\na. Resolution protecting Barrington Plaza tenants (02)\nb. Written Comments

I. Request of Councilmember Zwick, Councilmember Torosis and Mayor Davis that the City of Santa\nMonica support AB 1033 (Ting) and, upon the governor’s signature, draft a local ordinance to allow\nthe separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums.\nContinued from the October 10, 2023 meeting.\nStaff Report Printout

J. Request of Councilmember Brock that the City Attorney and City Manager consider developing and\nevaluate the impacts of an ordinance prohibiting the manufacture, sale, and/or installation of\nengineered countertops in Santa Monica. The fabrication of engineered countertops releases silica\ndust, and inhalation of silica dust can cause silicosis, a serious and deadly disease. On June 6, 2023,\nthe Los Angeles County Board of Supervisors adopted a motion instructing the Director of Public\nHealth to report on options to ban the sale, fabrication, and installation of silica fabricated stone in\nLos Angeles County. In addition, the California Division of Occupational Safety and Health has\nindicated that they will develop workplace standards for workers who handle engineered stone. Prior\nto developing a local ordinance, the City Attorney and City Manager are being asked to consider the\nfindings of the Los Angeles County Director of Public health and standards developed by Cal/OSHA to\ndetermine its feasibility. Continued from the October 10, 2023 meeting.\nStaff Report Printout\na. Written Comments

K. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the\nregistration fees and travel expenses associated with attending the YIMBYtown Annual Conference to\nbe held February 26-28, 2024 in Austin, TX. Continued from the October 10, 2023 meeting.\nStaff Report Printout\na. CC Travel Budget as of 10.3.23\nb. Written Comments

L. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on\n6/30/2024 and 6/30/2026 (Continued from 10/10/2023).\nContinued from the October 10, 2023 meeting.\nStaff Report Printout\na. Applicant List\nc. Written Comments