Santa Monica — 2024-10-22

A. Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery by\nIncreasing Flexibility and Streamlined Approvals in the Downtown and Establishing a Pilot Program\nfor Exclusively Outdoor Commercial Uses in the Office Campus District and Introduction and\nAdoption of an Emergency Ordinance Amending the Sign Code to Increase Flexibility for Signage in\nthe Bayside Conservation District and the Third Street Promenade Area\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities,\n15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory\nStructures) of the California Environmental Quality Act (CEQA) Guidelines.\n2. Introduction for first reading an Interim Zoning Ordinance Amending Interim Zoning\nRegulations Established by Interim Zoning Ordinance Number 2754 (CCS) and Amended\nand Extended by Interim Zoning Ordinance Number 2761 (CCS) to Promote Economic\nRecovery by Increasing Flexibility in the City’s Downtown Area, Establishing a Pilot\nProgram to Allow Exclusively Commercial Outdoor Uses in the Office Campus District,\nand Providing Other Minor and Clerical Amendments.\n3. Introduction and Adoption of an Emergency Ordinance Amending Santa Monica\nMunicipal Code Chapter 9.61: Signs to Increase Flexibility for Signage in the Bayside\nConservation District and Third Street Promenade Area, and Make other Minor Changes\nto Promote Economic Recovery, Public Safety and Welfare.\nStaff Report Printout\na. CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24\nRevised Attachment. 10/16/24\nb. CDD-Ord_Sign Amendments (Promenade) 10.22.24

A. Adoption of a Resolution Applying to Councilmembers Laws Applicable to City Employees and Council\nAppointees\nRecommended Action\nStaff recommends the City Council:\n1. Adopt the Resolution Adopting Administrative Instruction Nos. III-2-3 Discrimination,\nHarassment, Abusive Conduct, and Retaliation Prevention Policy and Complaint\nProcedure; III-2-4, Violence in the Workplace; III-2-6, Code of Ethics, Council Rules, and\nCertain Other Laws, to be Applicable to City Councilmembers and Providing for\nProcesses for Investigating and Resolving Alleged Violations;\n2. Discussion and Consideration of Formation of an Ethics Commission; 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. Proposed Resolution\nb. Memorandum re Ethics Commission

A. Request by Councilmember Oscar de la Torre that the City Council consider allocating $10,000 from\nthe Council Discretionary funds to the Association of Mexican American Educators (AMAE) in support\nof the Santa Monica High School student group Legado Latino. This funding will provide scholarships\nand support culturally relevant programming that promotes academic excellence while honoring and\ncelebrating the students’ vibrant cultural heritage. New Item Received. 10/17/2024\nStaff Report Printout\na. Discretionary Funds as of 10.16.24

B. Request by Councilmember Oscar de la Torre that the City Council, which stands united against hate,\nracism, religious intolerance, Islamophobia, and antisemitism, consider 1) directing the City Manager\nto discuss with the Superintendent of the Santa Monica-Malibu Unified School District (SMMUSD) the\nuse of the 1991 Hate Crime letter as a tool to create awareness and educate young people on the\nimpact of hate crimes; and 2) allocate $2,500 from Council Discretionary Funds to sponsor the '2024\nMayors Summit Against Antisemitism: Directing Change from City Hall' conference, hosted by the\nCombat Antisemitism Movement (CAM), a project of the Combat Antisemitism Foundation, and the

C. Request of Mayor Brock that the City Manager return to the City Council with the resources needed,\ntradeoffs and budget reallocations necessary to address the City’s growing backlog of damaged\nstreet and pedestrian pathway lights. The current backlog consists of approximately 270 street and\npedestrian pathway lights. The City Manager is being asked to return to the City Council as soon as\npossible as this is a matter of public safety. New Item Received. 10/17/2024\nStaff Report Printout

D. In response to concerns raised by residents regarding privacy and safety, request by Councilmember\nParra and Mayor Brock to direct the City Manager and City Attorney to begin the process of\namending the Zoning Ordinance to increase heights in the front yard setback in R2, R3, and R4 zone\ndistricts, with particular consideration for the appropriateness of 60 inches in height, with 50%\ntransparency for walls and fences above 42 inches in height within the context of crime prevention\nprinciples; address measurements that may include retaining walls; and suspend enforcement and\npending applications until the ordinance becomes effective in R2, R3, and R4 for those that would\ncomply with that standard. Given the considerable amount of work that has been performed to date\non this issue, the City Attorney and City Manager are being asked to return to City Council with a\nrecommendation in 90 days or as soon as possible thereafter. The City Attorney and City Manager\nare further directed to immediately initiate community engagement on this matter to be included in\nthe recommendation to City Council. New Item Received. 10/17/2024\nStaff Report Printout

E. Request by Councilmember Parra and Mayor Brock to direct the City Attorney and City Manager to\nreturn to Council at the next meeting with a resolution to adopt a policy that height regulations for\nfences, walls, and hedges are the lowest code enforcement priority. Habitability and keeping people\nhoused should be the priorities for enforcement. New Item Received. 10/17/2024\nStaff Report Printout

A. Commendation: Stephanie Inouye, Trevor Nichols & Jeff Jarow\nStaff Report Printout

B. Commendation: Ye Olde King's Head\nStaff Report Printout

C. Commendation: Cirque du Soleil\nStaff Report Printout

D. City Manager Report\nStaff Report Printout

A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Lucinda Manera v.\nCity of Santa Monica; LASC Case No. 21STCV43159 New Item Received. 10/17/2024

B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Elroy W. McCrary, Jr.\nv. City of Santa Monica, et al.; LASC Case No. 23SMCV03343\nNew Item Received. 10/17/2024

C. Conference with real estate negotiator - Gov. Code § 54956.8: properties: 1030 Olympic Blvd and\n1713 11th Street; owner of record: BB LAND Company; City Negotiators: Heather Averick, Director\nof Housing and Human Services, and Natalie Verlinich, Housing Manager; owner negotiators: Diane\nCabo, Broker for Seller; under negotiation: price and terms of payment for sale or option\nNew Item Received. 10/17/2024\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. Adoption of Resolutions Approving Historic Property Preservation Agreements (Mills Act Contracts)\nRecommended Action\nStaff recommends that the City Council\n1. Adopt a finding of categorical exemption pursuant to Section 15331 of the California\nEnvironmental 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: 518 Adelaide Drive, 1401\nPalisades Beach Road, 1132 Princeton Street, and 1138 Princeton Street.\nStaff Report Printout\na. 24ENT-0066 (518 Adelaide Dr) attachment A\nb. 24ENT-0156 (1401 Palisades Beach Road) attachment B\nc. 24ENT-0090 (1132 Princeton) attachment C\nd. 24ENT-0092 (1138 Princeton St) attachment D\ne. Resolution Mills Act Contract 518 Adelaide Drive\nf. Resolution Mills Act Contract 1401 Palisades Beach Road\ng. Resolution Mills Act Contract 1132 Princeton\nh. Resolution Mills Act Contract 1138 Princeton\ni. 2024 Mills Act Financial Analysis\nj. 518 Adelaide Oaks\nk. 1401 PBR Oaks\nl. 1132-36 Princeton Oaks\nm. 1138-42 Princeton Oaks Disclosure signed\nn. 518 Adelaide Levine\no. 1401 PBR Levine\np. 1132-36 Princeton Levine\nq. 1138-42 Princeton Levine Disclosure signed

B. Award American Water Chemicals, Inc. a Purchase Order for Water Treatment Antiscalants and\nCleaning Chemicals\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; and\n2. Authorize the Procurement Manager to issue a purchase order with American Water\nChemicals, Inc. to provide antiscalant and cleaning chemicals at the Arcadia Water\nTreatment Plant for the Public Works Department – Water Resources Division. The\nrecommended award is made as an exception to the competitive bidding process\npursuant to Section 2.24.250 (b) and is for a total amount not to exceed $2,920,000 over\na five-year period with future year funding contingent on Council budget approval.\nStaff Report Printout\na. 2018 Sustainable Water Master Plan (Web Link)\nb. Award Request for Proposal to Walsh Construction Co. ll, LLC for Design-Builder Services for the\nOlympic Well Field Restoration & Arcadia Water Treatment Plant Expansion (Web Link)\nc. Approval of the Arcadia Water Treatment Plant Design/Build Guaranteed Maximum Price\nAmendment (Web Link)\nd. Design-Build GMP EX06-Performance_Parameters\ne. FY 24-25 Oaks Initiative (American Water Chemicals)\nf. FY 24-25 Levine Act (American Water Chemicals)

C. Award Purchase Order to Allied Network Solutions, Inc. for Adobe Software Subscription Licenses\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 Procurement Manager to issue a purchase order with Allied Network\nSolutions, Inc. (ANS) for Adobe Software subscription licenses for the Information\nServices Department. This recommended award is made as an exception to the\ncompetitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not\nto exceed $446,895 over a three-year period (including a $58,293 contingency) with\nfuture year funding contingent on Council budget approval.\nStaff Report Printout\na. OAKS INITIATIVE FORM\nb. Levine Act Disclosure Form\nc. Utah Master Agreement AR2472_Participating_Addendum_1\nd. California Participating Addendum 7-17-70-40-05\ne. Master Agreement AR2472 Coversheet\nf. State of Utah Bid CH16012 Coversheet

D. Award Purchase Orders for Sweeper and Electric Rear Loader\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 Municipal\nMaintenance Equipment (“MME”), a California-based company, for the purchase of one\nRavo Diesel R5-iSeries sweeper for the Public Works Department, Beach Maintenance\nDivision. This recommended award is made as an exception to the competitive bidding\nprocess pursuant to Section 2.24.250 (c) and is for a total amount not to exceed\n$401,378;\n3. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck\nCenter, LLC, a California-based company (“Los Angeles Truck Center”), for the purchase\nof one battery electric (“BEV”) Rear Loader Truck for the Public Works Department,\nResource Recovery and Recycling Division. 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 $771,767; and\n4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions\nsection of this report (requires 5 votes).\nStaff Report Printout\na. Staff Report April 25, 2023\nb. Levine Act - LA Truck Centers\nc. Oaks Form - LA Truck Centers\nd. Sourcewell 093021\ne. Sourcewell 060920 - Battle Motors\nf. Levine Act - Municipal Maintenance Equipment - MME\ng. Oaks Form - Municipal Maintenance Equipment - MME

E. Approval of Implementation of Phase 2 of the Digital Wayfinding and Out-of-Home Advertising Kiosk\nProgram\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Sections 15303 (New Construction\nor Conversion of Small Structures) and 15311 (Accessory Structures) of the California\nEnvironmental Quality Act (CEQA) Guidelines in accordance with the Environmental\nReview section of this report; and\n2. Authorize deployment of Phase 2 of the digital wayfinding and out-of-home advertising\nkiosk network.\nStaff Report Printout

I. Adoption of Resolution Authorizing Receipt of State of California Proposition 47 Grant Funds and\nAuthorization of City Manager to Execute All Necessary Associated Documents\nNew Item Received. 10/17/2024\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3)\n(Common Sense Exemption) and 15303 (New Construction and Conversion of Small\nStructures) of the California Environmental Quality Act (CEQA) Guidelines.\n2. Adopt the attached resolution authorizing the City Manager to submit an application to\nthe State of California, Board of State and Community Corrections (BSCC) in the amount\nof $7,926,172 for the SaMo Bridge diversion program; and authorizing the City Manager\nto accept the grant, execute the grant agreement, and execute other necessary\ndocuments.\n3. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions\nsection of this report. (requires 5 votes)\nStaff Report Printout\na. A-Proposed Resolution\nb. B-Combined Program Proposal_Prop 47

A. Adoption of a Resolution Amending the Council Rules of Procedure Regarding Councilmember\nDiscussion Items (16 items) - CONTINUED FROM 10/08/24\nRecommended Action\nStaff recommends the City Council:\n1. Adopt the resolution amending the Council Rules of Procedure regarding Councilmember\nDiscussion Items (16 items); and\n2. 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. Reso-Council Rules\nb. Written Comments

B. Request by Mayor Phil Brock, Vice-Mayor Lana Negrete, and Councilmember Oscar de la Torre that\nthe City Council endorse Proposition 36 on the November 2024 statewide ballot. Proposition 36\nmakes several key changes related to punishments for theft and drug crimes. First, it increases\npunishment for some of these crimes. Second, it creates a new treatment-focused court process for\nsome drug possession crimes. Third, it requires courts to warn people convicted of selling or\nproviding illegal drugs to others they can be charged with murder if they keep doing so and someone\ndies. (Attachments include the full text of the ballot measure and an analysis by the Legislative\nAnalyst’s Office-The CA Legislature’s Nonpartisan Fiscal and Policy Advisor) - CONTINUED FROM\n10/08/24\nStaff Report Printout\na. prop36-text-proposed-laws\nb. Prop 36 - LAO Analysis\nc. Written Comments

C. Request by Councilmember Davis to direct the City Attorney to prepare and return at the next\nmeeting with an ordinance that would prohibit gifts to Councilmembers, using definitions of gifts and\nexceptions in the California Political Reform Act, and adding an exception for entry and meals when\nattending events in an official City capacity. - CONTINUED FROM 10/08/24\nStaff Report Printout\na. Written Comments

D. Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the\nZoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU)\nfrom 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law. - CONTINUED FROM\n10/08/24\nStaff Report Printout

E. Request by Councilmember Christine Parra and Vice Mayor Lana Negrete that the City Council\nconsider providing additional support for the 4th Annual Westside Unity Classic Car Show presented\nby Pico Youth & Family Center (PYFC) that took place on the pier on September 14, 2024 by\ndirecting the City Manager to retroactively waive the City’s portion of fees for use of the pier parking\nlot for PYFC. Waived City fees related to the Westside Unity Classic Car Show include the parking lot\nbuy-out fee in an amount up to $11,880. - CONTINUED FROM 10/08/24\nStaff Report Printout

F. Request of Councilmembers Davis and Zwick that the City Attorney and City Manager review and\nanalyze SB 969, which recently was signed by Governor Newsom, and with due speed take all\nnecessary steps and draft all necessary ordinances and policies that would allow the establishment\nof an entertainment zone (as that term is defined in SB 969) on the Third Street Promenade in\nDowntown Santa Monica. - CONTINUED FROM 10/08/24\nStaff Report Printout\na. California-2023-SB969-Enrolled\nb. Written Comments

G. Annual Appointments to the following Boards and Commissions: -CONTINUED FROM 7/09/24\nNew Item Received. 10/17/2024\nNumber of Term End\nBoard/Commission Requirements\nAppts Date\nLandmarks Reside in Santa Monica and\n1 6/30/2028\nCommission Licensed Architect.\nStaff Report Printout\nb. Applicant List

H. Appointment to one unscheduled vacancy on the Clean Beaches & Ocean Parcel Tax Citizens\nOversight Committee for a term ending on June 30, 2025. -CONTINUED FROM 10/8/24\nNew Item Received. 10/17/2024\nStaff Report Printout\nb. Applicant List

A. Appeal of Landmark Commission Decision to Designate the Compass Rose Located North of and\nAdjacent to Runway 3 at Santa Monica Airport as a City Landmark\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. Deny Appeal 19ENT-0353 appeal of the Landmark Commission’s decision to designate\nthe Compass Rose located north of and adjacent to Runway 3 at Santa Monica Airport as\na City Landmark; and;\n3. Approve Designation Application 19ENT-0353 to designate the Compass Rose as a City\nLandmark based on the findings provided in this staff report; and\n4. Adopt the Statement of Official Action.\nStaff Report Printout\na. 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1)\nb. Landmark Application 3223 Donald Douglas Loop\nc. Landmark Application 3223 Donald Douglas Loop additional materials\nd. Compass Rose Landmark Assesment Report September 2019 Final\ne. City Council STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose\nf. STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose\ng. Compass Rose Correspondence\nh. Airport Commission's Recommendation to Council 2 20191211\ni. Landsmarks Commission 9/19/2019 Compass Rose Staff Report\nj. Landmarks Commission 9/19/2019 Minutes Signed\nk. Chattel Levine Act Disclosure Form 20240215\nl. Landmarks Commission Minutes September 09 2019 (Web Link)