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Agenda, second session

Santa Monica City Council
June 13, 2023

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Agenda, second session
Meeting
June 13, 2023
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Santa Monica City Council
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Text extracted from the city's file for reading and search. Open the original on santamonicacityca.iqm2.com. That file is the official record.

City of Santa Monica
City Council Meeting
AGENDA

GLEAM DAVIS
MAYOR

PHIL BROCK LANA NEGRETE

COUNCILMEMBER MAYOR PRO TEM

CHRISTINE PARRA CAROLINE TOROSIS

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 6/13/2023 12:52 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Closed Session.

4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).

5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (other than
Reports of Commission and Officers).

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 6/13/2023 12:52 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 13, 2023
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

1.A. Written Comments

2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA

ITEMS, CONSENT CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Labor Negotiator: Government Code Section 54957.6— Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Unit: AFSCME Local 4819, Management Team Association - New Item Received. 6/09/2023

3.B. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Jennifer Howard; Amanda Pawlowski v. City of Santa Monica, et al.; LASC Case No. 21STCV42208 [report out only] - New Item Received. 6/09/2023
City of Santa Monica Generated: 6/13/2023 12:52 PM Page 4

3.C. Public Employee - Gov. Code Section 54957(b): Performance evaluation of a public employee; Title: City Attorney; Conference with Labor Negotiator - Gov.

Code Section 54957.6: City Negotiator: Mayor; Unrepresented Employee: City Attorney - Item pulled and will not be heard. 6/13/23

4. SPECIAL AGENDA ITEMS

4.A. Commendation: Santa Monica Tennis Collective 14u Team

4.B. Proclamation: Gun Violence Awareness Month

4.C. 2023 Juneteenth Proclamation
The following is the order of business for items to be heard no earlier than 7:00 p.m.

D. City Manager's Report

5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

5.A. Award Bid #4450 to Ferguson Waterworks as Primary and Core & Main as Secondary to Furnish & Deliver Water & Wastewater Department Supplies Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines.

2. Award Bid #4450 to Ferguson Waterworks as the primary vendor for the purchase of water and wastewater supplies and Core & Main as the secondary vendor for the purchase of water and wastewater supplies.

3. Authorize the Procurement Manager to issue a purchase order with Ferguson Waterworks in an amount not to exceed $410,000 for year one, with four additional one-year renewal options at approximately 10% escalator each year, for a total amount not to exceed $2,600,000 over five years, with future year funding contingent on Council budget approval.

4. Authorize the Procurement Manager to issue a purchase order with Core & Main in an amount not to exceed $100,000 for one year, with four additional one-year renewal options at a 10% increase each year, for a total amount not to exceed $610,000.00 over five years, with future year funding contingent on Council budget approval.

5.B. Award Bid for Street Light Electrical Repair Services and Urgent Electrical Construction
City of Santa Monica Generated: 6/13/2023 12:52 PM Page 5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #2685-4 to International Line Builders, Inc. as the primary contractor, Bear Electrical Solutions, Inc. as the secondary contractor, and Yunex LLC as tertiary contractor for citywide as-needed streetlight electrical repair services and urgent electrical construction as required by the Public Works Department.

3. Authorize the City Manager to negotiate and execute an agreement with International Line Builders, Inc., in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.

4. Authorize the City Manager to negotiate and execute an agreement with Bear Electrical Solutions, Inc., in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.

5. Authorize the City Manager to negotiate and execute an agreement with Yunex LLC in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.

5.C. Approval of First Modification to Agreement No. 10788 with Motorola Solutions, Inc. for Maintenance and Support of Communications System and Radio Equipment
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute a first modification for a Maintenance and Support Agreement #10788 in the amount of $4,788,523 with Motorola Solutions, Inc., an Illinois-based company, for maintenance of the interoperable public safety trunked radio communications system and radio equipment and authority to purchase new equipment as needed by various departments. This will result in a 10-year amended agreement with a new total amount not to exceed $5,874,523, with future year funding contingent on Council budget approval.

5.D. Approval to Amend Agreement with Kronos, Inc. for Software-As-A-Service (SaaS) and Related Licenses
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

City of Santa Monica Generated: 6/13/2023 12:52 PM Page 6

2. Authorize the City Manager to combine existing Sales Agreement and Software License Agreement #8417 (CCS) and Software Maintenance and Support Agreement #8434 (CCS) into a single contract for 5 years that would result in a 23- year amended agreement with Kronos Inc. (Kronos), for Software as a Service (SaaS) and related licenses. This will result in a new grand total amount not to exceed $3,425,461 (including 5% in contingency) with future year funding contingent on Council budget approval.

5.E. Award Bid 4453 to Star-Dust Tours, Inc. to Provide Bus Transportation Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #4453 to Star-Dust Tours, Inc. for bus transportation services for the Community Services Department;

3. Authorize the City Manager to negotiate and execute an agreement with StarDust Tours, Inc., in an amount not to exceed $81,600 for one year, with four additional one-year renewal options, in the amount of $81,600, to extend on the same terms and conditions for a total amount not to exceed $408,000 over a five year period, with future year funding contingent on Council budget approval.

5.F. Approval of the Santa Monica Tourism Marketing District Fiscal Year 2023-24 Budget and Work Plan
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Approve the Santa Monica Tourism Marketing District Fiscal Year 2023-24 Budget and Work Plan.

5.G. Approval of Fourth Modification to Professional Services Agreement with HR&A Advisors Inc. for 6th Cycle (2021-2029) Housing Element Implementation
Recommended Action
Staff recommends that the City Council take the following actions:

1. Make a determination that the proposed modification of the HR&A Advisors Inc. contract for fiscal analysis is statutorily exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines.

2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #108300 (formerly #10830) in the amount of $40,000 and extend the term for one additional year, with HR&A Advisors Inc.(“HR&A”) to prepare fiscal analysis for implementation of the City’s certified 6th Cycle (2021-2029) Housing Element. This will result in a five-year amended agreement with a City of Santa Monica Generated: 6/13/2023 12:52 PM Page 7 new total amount not to exceed $494,900, with future year funding contingent on Council budget approval.

5.H. Approval of the Pier Corp FY 2023-24 Budget and Work Plan Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Approve the Santa Monica Pier Corporation Fiscal Year 2023-24 Budget and Work Plan;

3. Authorize the City Manager to execute a fourth modification to agreement #10101 with the Santa Monica Pier Corporation to extend the term through June 30, 2024.

5.I. Approval of agreements with Main Street BID regarding: Fiscal Agent, Disbursement and Revocable License
Recommended Action
Staff recommends that the City Council authorize the City Manager to:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Negotiate and execute the following agreements with the Main Street Business Improvement Association (MSBIA) for a term of five (5) years with two five-year renewal options that renew on the same terms and conditions:
a. a new Fiscal Agent Agreement to manage and administer the business-based assessment fees and any other revenue collected for the promotion and marketing of the Main Street Business Improvement Area; and
b. a new Revocable License Agreement which grants MSBIA a license to operate and maintain the decorative lights in the public right-of-way between Pico Boulevard and the southern City boundary, just south of Marine Street
c. a new Disbursement Agreement to administer the property-based assessments collected and use these funds in the Main Street Commercial District for the decorative lighting and sidewalk cleaning, in accordance with Resolution 10325 (CCS).

5.J. Second Reading and Adoption of an Ordinance Adding Santa Monica Municipal Code Section 4.08.830 to Prohibit Unlawful Possession of Catalytic Converters.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5.K. Award Bid #4445 to Bound Tree Medical for purchase and delivery of Microflex Disposable gloves - Item Pulled at the Request of Staff. 6/08/2023 City of Santa Monica Generated: 6/13/2023 12:52 PM Page 8 Recommended Action
Staff recommends that the City Council:

1. Award Bid #4445 to Bound Tree Medical, an Ohio-based company, for the purchase and delivery of Microflex disposable gloves to be used by staff citywide;

2. Authorize the Procurement Manager to issue annual purchase orders to Bound Tree Medical, for the purchase and delivery of Microflex disposable gloves for a total amount not to exceed $720,000 over a five-year period, with future funding contingent on Council budget approval; and,

3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

5.L. Approval of First Modification of Agreement #4982 with Good Guard Security Inc. for Parking Structure Security Services - New Item Received. 6/09/2023 Recommended Action
Staff recommends that the City Council

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a first modification to agreement #4982 in the amount of $2,200,000 with Good Guard Security, Inc. to provide overnight security services in parking facilities and adjacent areas.

This will result in a five and a half year amended agreement with a new total amount not to exceed $2,400,000, with future year funding contingent on Council budget approval.

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION

7.A. Adult-Use Cannabis Study Session
Recommended Action
Staff recommends that the City Council:

1. Receive the presentation on key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Monica;

2. Discuss options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and

3. Provide direction to staff on whether to bring back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City.

8. CONTINUED ITEMS
City of Santa Monica Generated: 6/13/2023 12:52 PM Page 9

8.A. Appointment to one open seat on the Human Services Commission for the term ending in June 30, 2025. (Continued from May 24, 2023.)

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items

11. STAFF ADMINISTRATIVE ITEMS

11.A. Certification of Recirculated Final Environmental Impact Report/Environmental Assessment for the Pier Bridge Replacement Project and Authorization to Proceed with Final Design and Bidding Documents - New Item Received. 6/09/2023
Recommended Action
Staff recommends that the City Council:

1. Adopt a Resolution (Attachment A) certifying the Recirculated Final Environmental Impact Report/Environmental Assessment (EIR/EA) (Attachment B) and adopting the Mitigation Monitoring and Reporting Program for the Pier Bridge Replacement Project (Attachment C).

2. Approve the preferred alternative bridge design (Alternative 2) described in the Recirculated Final EIR/EA and authorize staff to proceed with the final design and development of bidding documents for construction of the Pier Bridge Replacement Project as recommended in the Recirculated Final EIR/EA and as described in this report.

12. PUBLIC HEARINGS

12.A. Public Hearing and Adoption of Resolution for the 2023 Annual Water Shortage Assessment Report
City of Santa Monica Generated: 6/13/2023 12:52 PM Page 10 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

2. Hold a public hearing and receive public comment for the 2023 Annual Water Shortage Assessment Report for the Public Works Department, Water Resources Division.

3. Approve the attached resolution adopting the 2023 Annual Water Shortage Assessment Report.

12.B. Public Hearing and Adoption of Solid Waste Rate Resolution Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing.

2. Receive public comment pursuant to Proposition 218 requirements.

3. Consider all protests against the proposed solid waste rate increases that have been submitted in accordance with Proposition 218.

4. Adopt findings of Statutory Exemption pursuant to Public Resources Code 20180(b)(8) and Categorical Exemption pursuant to Section 15273 of the California Environmental Quality Act (CEQA) Guidelines.

5. Adopt the attached resolution establishing a five-year schedule of solid waste rates effective August 1, 2023, for FY 2023-24 and July 1 every year thereafter through July 1, 2027, for FY 2027-28.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Library Board for a term ending on June 30, 2025. - New Item Received. 6/09/2023 City of Santa Monica Generated: 6/13/2023 12:52 PM Page 11

16.B. Request of Councilmembers Torosis, Councilmember Zwick, and Mayor Davis that the Council direct the City Manager and the City Attorney to, within 60 days, draft an ordinance for council adoption to restrict the sale of guns in Santa Monica and propose additional gun owner responsibilities. This ordinance should be based on best practices from other jurisdictions, stakeholder engagement, and consultation with subject matter experts. - New Item Received. 6/09/2023

16.C. Councilmembers Brock and de la Torre request that the City Manager evaluate various commercial development impact fees and best practices in American cities for tree replacement that can be implemented. In addition, a timeline for further discussion of the private tree ordinance will be established, and best efforts will be made to increase the public tree canopy in Santa Monica. - New Item Received. 6/09/2023

16.D. Request of Councilmembers Brock and de la Torre that the City Council direct the City Manager to provide an update via an Information Item to be published on the City’s website regarding bicycle and pedestrian improvements installed on 17th Street from Pico to Wilshire, known as the “Safe Streets for 17th Street and Michigan Avenue” project, upon completion of the project. In the Information Item, the City Manager is asked to provide an overview of the project, total costs, funding sources, intended outcomes, lessons learned, and adjustments made. As part of the Information Item, the City Manager is also being asked to consider the costs, impacts, trade-offs, and possible funding sources associated with modifying the design of the intersection at Broadway and 17th (i.e., adjusting the configuration of the corner islands) that will enhance vehicular movements while not compromising bicycle and pedestrian safety. - New Item Received. 6/09/2023

16.E. Request of Councilmembers Brock and de la Torre that the City Council ask the City Manager to estimate the costs of four Public Services Officers for the City Council to consider at the June 27, 2023, City Council meeting. The City Council should enact additional budgetary measures to address Clean and Safe Initiatives, which include safety and security downtown. - New Item Received. 6/09/2023

16.F. Request of Councilmembers Brock & de la Torre that the City Council direct the City Manager to develop an estimate of resources needed to provide financial assistance to eligible families and/or partner with community nonprofits to provide free and/or reduced-cost swim lessons at Santa Monica Aquatics facilities to ensure that elementary school-age children have access to learn how to swim. - New Item Received. 6/09/2023

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

City of Santa Monica Generated: 6/13/2023 12:52 PM Page 12 Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

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