Santa Monica — 2023-10-10

A. Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter\n7.04.800 (Access and Street Improvements) in its Entirety\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. Proposed Ordinance\nb. Existing Ordinance 3_14_78 Ordinance (CCS No. 1085)

B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110\nand 2.24.220(g)(Master Services Agreements)\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\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 consistency\nwith State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell\nadult-use cannabis or adult-use cannabis products to persons 21 Years of Age and Over.\n3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa Monica\nMunicipal Code to allow medicinal cannabis retailers with medicinal cannabis permits\nissued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis and\nadult-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

D. Introduction and First Reading of Water and Wastewater Capacity Study Ordinances\nNew item Received 10/5/2023\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. Draft Ordinance - SMMC 7.12.180 Water Capacity Study\nb. Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study

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

B. Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and\nauthorize the City Clerk to publish the vacancy.\nStaff Report Printout\na. Resignation Notice

C. 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 built\nafter 1995. The Justice for Renters Act removes this ban on rent control in California, giving local\ncommunities the right to stabilize rents and make apartments more affordable for low-income and\nmiddle-income renters. Repealing Costa Hawkins will help local government address one of the root\ncauses 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 proponents\nof the Justice For Renters Act.\nStaff Report Printout

D. Request of Mayor Davis that the City waive application, administrative, and rental fees associated\nwith the partial use of the parking lot on the Santa Monica Pier as well as Santa Monica Beach\nParking Lot 1 North to support the City’s annual commemoration of Veterans Day honoring and\ncelebrating all those who have served our country in the Armed Forces, being planned in coordination\nwith the United States Army.\nStaff Report Printout

E. Request of Councilmembers Parra, de la Torre, and Mayor Pro Tem Negrete that the Council authorize\nthe use of their travel funds to accept an invitation from the Embassy of El Salvador to visit the\ncountry from November 6-10, 2023. The agenda includes meeting the ambassador and various\ngovernment officials to discuss public safety, education, and tourism as well as evaluating beach\ncommunities for future sister city partnerships.\nStaff Report Printout\na. CC Travel Budget as of 10.3.23

F. 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.\nStaff Report Printout\na. Resolution protecting Barrington Plaza tenants (02)

G. 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.\nStaff Report Printout

H. 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. New item Received 10/5/2023\nStaff Report Printout

I. 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. New item Received 10/5/2023\nStaff Report Printout\na. CC Travel Budget as of 10.3.23

J. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on\n6/30/2024 and 6/30/2026. New item Received 10/5/2023\nStaff Report Printout\na. Applicant List

A. Proclamation: Fire Prevention Week\nStaff Report Printout

B. City Manager's Report\nStaff Report Printout

A. Conference with Real Estate Negotiator pursuant to Government Code §54956.8: Properties: 1)\n2772-2800 Donald Douglas Loop North, Santa Monica, California, office space (~70,500 sq. ft.),\nHangars 18-21 and 27-30 (~8,900 sq. ft.); 2) 3000 31st Street, Santa Monica, California, office\nspace (~10,500 sq. ft.) and hangar space (~30,000 sq. ft); City Negotiator: Stelios Makrides, Chief\nOperations Officer/Airport Director; owner of record: City of Santa Monica; persons to be negotiated\nwith: Snap Inc.; under negotiation: commercial lease terms New item Received 10/5/2023\nStaff Report Printout

B. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property:\n2828 Donald Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises\n(~5,300 sq. ft.), Corporate Hangar and Maintenance Shop (~6,450 sq. ft.), Aircraft Main Ramp\n(~145,000 sq. ft.), Aircraft Overflow Ramp (~32,000 sq. ft.); and 3100 Donald Douglas Loop North,\nSanta Monica, California “Fuel Farm” (~3,800 sq. ft.) consisting of three 12,000 gallon and one 500\ngallon underground storage tanks and associated systems and equipment; City Negotiator: Stelios\nMakrides, Chief Operations Officer/Airport Director; owner of record: City of Santa Monica; persons\nto be negotiated with: Atlantic SMO Holdings; under negotiation: terms for modified and extended\nlease. (continued from September 26) New item Received 10/5/2023\nStaff Report Printout

C. Conference with Labor Negotiator - Government Code Section 54957.6. Consideration of the City\nClerk Appointment and Process New item Received 10/5/2023

D. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Pico\nNeighborhood Association and Maria Loya v. City of Santa Monica; LASC Case No. BC616804; Second\nDistrict Court of Appeal Case No. B295935; California Supreme Court Case No. S263972\nNew item Received 10/5/2023

E. Conference with Legal Counsel – Considering Whether to Initiate Litigation – Gov. Code Section\n54956.9(d)(1): City of Whittier, et al. v. Superior Court of Los Angeles County, et al.; LASC Case No.\n23STCP03579 (requested by Councilmember Brock) New item Received 10/5/2023

F. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Eric\nCanonico v. City of Santa Monica; LASC Case No. 21STCV22615\nNew item Received 10/5/2023

G. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Hector\nOrozco v. John Doe, Does 1-2; LASC Case No. 23SMCV03120 New item Received 10/5/2023

H. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): John U.N.B.\nDoe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV12746\nNew item Received 10/5/2023

I. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): City of Santa\nMonica v. ICSOP, et al.; OCSC Case No. 30-2022-01261243 New item Received 10/5/2023

J. Conference with Labor Negotiator: Government Code Section 54957.6 - Agency Designated\nRepresentatives: City Manager David White, Acting Human Resources Director Michael Arnoldus, and\nHuman Resources Manager Robert Scalise; Bargaining Units: MTA-AFSCME Local 4819\nNew item Received 10/5/2023\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 6.49\non Taxicabs to Transition from Taxicab Franchises to Taxicab Permits\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. ORD-6.49 Taxicab Permit 2d

B. Second Reading and Adoption of an Interim Zoning Ordinance Extending Interim Zoning Ordinance\nNumber 2754 (CCS) Promoting Economic Recovery in the City’s Downtown Area, including the Third\nStreet Promenade Area and Santa Monica Place, and Providing Other Minor and Clerical Amendments\nto the Zoning Ordinance Related to Economic Recovery\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout

C. Approval of First Modification of Agreement with Best Contracting Services, Inc. for Citywide Roofing\nServices\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities),\nof the California Environmental Quality Act (CEQA) Guidelines.\n2. Authorize the City Manager to negotiate and execute a first modification to agreement\n10854 in the amount not to exceed $854,620 with Best Contracting Services, Inc., for\ncitywide roofing contractor services. This would result in a seven-year amended\nagreement through September 26, 2026, with a new total amount not to exceed\n$1,229,620, with future funding contingent on Council budget approval.\nStaff Report Printout\na. Staff Report_June 11, 2019\nb. Best Contracting Services_Agreement 10854\nc. Letner Roofing_Agreement 10855\nd. Maverick Roofing_Agreement 10856\ne. Best Contracting OAKS

D. Adoption of Affordable Housing Production Program Fee Resolutions\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 increasing the Affordable Housing Unit Base Fee by 5.8\npercent for new market-rate apartments and condominiums (Attachment A).\n3. Adopt the attached Resolution increasing the Affordable Housing Unit Development Cost\nby 5.8 percent (Attachment B).\nStaff Report Printout\na. Resolution Automatically Adjusting the Affordable Housing Unit Base Fee\nb. Resolution Automatically Adjusting the Affordable Housing Unit Development Cost\nc. Staff Analysis - FY 2023-24 Annual Automatic Adjustment for the Affordable Housing Unit Base\nFee\nd. Staff Analysis - FY 2023-24 Annual Automatic Adjustment for the Affordable Housing Unit\nDevelopment Cost\ne. AHPP Administrative Guidelines\nf. October 25, 2022 Staff Report (Web Link)\ng. June 13, 2006 Staff Report (Web Link)\nh. July 21, 1998 Staff Report (Web Link)

E. Adoption of Resolution Approving Final Map for Condominium at 2002 21st Street\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding that the proposed project was previously analyzed in the certified 2002\n21st Street Project Environmental Impact Report (State Clearinghouse No. 2007031019),\nand no further review is required pursuant to the California Environmental Quality Act; and\n2. Adopt the attached resolution approving Final Tract Map No. 66625.\nStaff Report Printout\na. Final Map Resolution - 2002 21st St

F. Award Construction and Construction Management Contracts for Fiscal Year 2023-2024 Annual Street\nPaving and Sidewalk Repair Project\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15301\nof the California Environmental Quality Act (CEQA) Guidelines.\n2. Award Bid #SP2680 to Sully-Miller Contracting Company for construction services for the\nFiscal Year 2023-2024 Annual Street Paving and Sidewalk Repair Project for the Public\nWorks Department.\n3. Authorize the City Manager to negotiate and execute a contract with Sully-Miller\nContracting Company in an amount not to exceed $2,853,346 (including a 10%\ncontingency).\n4. Authorize the Director of Public Works to issue any necessary change orders to complete\nadditional work within contract authority.\n5. Award Request for Proposals (RFP) #SP2680 to PSOMAS to provide construction\nmanagement, observation, and material testing services for the FY 2023-24 Annual Street\nPaving and Sidewalk Repair Project and the Street Lighting Modernization Program -\nPackage 3 Project for the Public Works Department.

A. Discussion on the Lottery-Selected Panel Process for the Airport\nRecommended Action\nStaff recommends that City Council:\n1. Review and comment on the democratic lottery process as the primary public engagement\nmethod for the Future of the Santa Monica Airport project;\n2. Provide direction to staff about: the framing question the Lottery Selected Panel would\nanswer and whether the Lottery Selected Panel should be comprised of Santa Monica\nresidents only or also include business owners and/or people from the adjacent West Los\nAngeles area; and\n3. Direct staff to prepare a sole source contract, as an exception to the competitive bidding\nprocess pursuant to Section 2.24.250 (b), for Healthy Democracy to provide the services\nrelated to the democratic lottery process and bring it back for Council review in November.\nStaff Report Printout\na. January 24, 2023 - Staff Report (Web Link)\nb. Information Item - Future of the Airport Lottery Selected Panel Outreach Process\nc. SMO Community Panel - Draft Scope of Services