Santa Monica — 2024-07-23

A. Introduction and Adoption of an Emergency Interim Zoning Ordinance Extending Interim Zoning\nRegulations Adopted by Emergency Interim Zoning Ordinance 2781 (CCS) to Remove the Minor Use\nPermit, Location, and Facility Requirements for Massage Establishments from the City’s Personal\nService Use Standards for Specific Uses and Activities\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 Interim Zoning Ordinance extending interim zoning\nregulations adopted by Emergency Interim Zoning Ordinance 2781 (CC) amending the\ntext of the Zoning Ordinance to remove the Minor Use Permit, location, and facility\nrequirements for massage establishments from the Personal Service use standards for\nspecific uses and activities contained in Santa Monica Municipal Code Section 9.31.230.\nStaff Report Printout\na. Emergency Interim Zoning Ordinance Extension\nb. City Council Meeting - June 11, 2024 (Web Link)

B. Introduction for First Reading an Ordinance Repealing Santa Monica Municipal Code (SMMC) Chapter\n3.23 and Amending SMMC Chapter 3.22 to Establish a Permanent Shared Mobility Device Program\nItem 5.A and 10.B to be heard concurrently\nRecommended Action\nStaff recommends that Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of\nthe California Environmental Quality Act (CEQA) Guidelines.\n2. Introduce for first reading an ordinance to repeal Santa Monica Municipal Code (SMMC)\nChapter 3.23 “Shared Mobility Device Program” and amend SMMC Chapter 3.22\n“Second Shared Mobility Device Pilot Program” to update for an on-going permit-based\nprogram.\nStaff Report Printout\na. Shared Mobility Services Ordinance Amendment 7-23-2024\nb. Attachment A. June 12, 2018 Staff Report\nc. Attachment B. February 11, 2020 Staff Report\nd. Attachment C. May 12, 2020 Draft Ordinance\ne. Attachment D. March 9, 2021 Staff Report\nf. Attachment E. August 23, 2022 Staff Report\ng. Attachment F. September 26, 2023 Staff Report

A. Adoption of a Resolution to place a Parking Facility Tax revenue measure on the November 2024\nBallot\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 to place a measure on the November 5, 2024, General\nMunicipal Election Ballot to increase the City’s Parking Facility Tax rate by 8% and\nexempt City-owned lots and structures from the tax increase (Attachment A), which\nwould be accompanied by an advisory measure that would allow voters to express\ntheir preference that at least half of the additional revenue generated by the Parking\nFacility Tax Measure should be allocated to address public safety and\nhomelessness; and\n3. Identify Council Members, if any, who wish to prepare arguments for or against the\nParking Facility Tax measure or the accompanying advisory measure.\nStaff Report Printout\na. Attachment A. Parking Facility Tax - Ballot Resolution w Advisory Measure\nb. Attachment B. Feasibility of Tax Increase Measure\nc. Attachment C. FY 2024-25 Operating and CIP Budget Adoption\nd. July 9th Staff Report

B. Adoption of a Resolution Disapproving Signs Placed on the Third Street Promenade\nNew Item Received 7/19/2024\nRecommended Action\nOffered for City Council consideration is a Resolution expressing the Council’s disapproval of\nsigns placed on the Third Street Promenade brought pursuant to a Council 16 Item.\nStaff Report Printout\na. Resolution re Promenade Signs 072324

A. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference\nand Expo, to be held October 16 - 18, 2024, in Long Beach, California.\nStaff Report Printout

B. Request of Mayor Brock and Councilmember Davis that the City Attorney return at the next meeting\nwith his proposals (included in the staff report for the July 9 meeting) to address the recent U. S.\nSupreme Court decision in Snyder which, absent a clear ban on gratuities by a local jurisdiction,\npurports to allow city officials to accept gratuities. This item was not addressed by Council at its last\nmeeting. New Item Received 7/19/2024\nStaff Report Printout

A. Commendation: Fedora Primo New Item Received 7/19/2024\nStaff Report Printout

B. Commendation: Officers Dilworth and Pike New Item Received 7/19/2024\nStaff Report Printout

C. City Manager Report Item Moved to 3.C (Formerly Listed as 3.A) 7/19/24\nStaff Report Printout

A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Rebecca de la Cruz v.\nCity; LASC Case No. 20STCV01487. New Item Received 7/19/2024

B. Conference with legal counsel - consider initiation of litigation - Gov. Code §54956.9(d)(4): City v.\n3M, Dupont, et al., regarding PFAS contamination. New Item Received 7/19/2024

C. Conference with legal counsel - consider joining amicus brief - Gov. Code §54956.9(d)(4): California\nApartment Association, et al., v. City of Pasadena, et al., B329883.\nNew Item Received 7/19/2024

D. Conference with real estate negotiator - Gov. Code §54956.8: properties: 1636 5th Street (Parking\nLot 29) (APNs 4290-011-903, 4290-011-904, 4290-011-905); 1636 5th Street (Apple Building)\n(APN 4290-011-906); Expo Terminus Line parking lot (APNs 4290-011-909, 4290-011-902, 4290-\n011-901); owner of record: City of Santa Monica; City negotiators: Jennifer Taylor, Economic\nDevelopment Manager, and Nia Tang, Economic Development Administrator; party to be negotiated\nwith: Alex Pratt, Vice President of Development, AMCAL Multi-Housing, Inc.; under negotiation: price\nand terms of payment for sale. New Item Received 7/19/2024\nStaff Report Printout

E. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Black Lives Matter\nLos Angeles, et al. v. City, et al.; USDC Case No. 2:21-cv-05253 [report out only].\nNew Item Received 7/19/2024\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. Approval to Reject All Bids for Contracted Shared Mobility Service Providers and Continue the\nExisting Permit-Based Program with Select Revisions\nItem 5.A and 10.B to be heard concurrently\nRecommended Action\nStaff recommends that Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of\nthe California Environmental Quality Act (CEQA) Guidelines.\n2. Reject all bids in RFP #344 Contracted Shared Mobility Services for the Department of\nTransportation.\nStaff Report Printout

B. Award Construction Contract for Treatment Plant Upgrades\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemptions pursuant to Section 15301, Section 15302, and\nSection 15311 of the California Environmental Quality Act (CEQA) Guidelines;\n2. Award Bid SP#2684 to Metro Builders & Engineers Group, Ltd. for the construction of the\nWater Treatment Plant Upgrades Project for the Public Works Department;\n3. Award Request for Proposal (RFP) SP#2684 & SP#2678 to MNS Engineers, Inc. to\nprovide construction management and observation services for the Treatment Plant\nUpgrades Project and the Groundwater Injection Well SM-11i and Monitoring Wells MWi-\n2 & MWi-3 Drilling and Equipping for the Public Works Department;\n4. Authorize the City Manager to negotiate and execute a construction contract with Metro\nBuilders & Engineers Group, Ltd. in an amount not to exceed $9,466,289 (including a\n18.9% contingency);\n5. Authorize the City Manager to negotiate and execute a construction management\nagreement with MNS Engineering, Inc. in an amount not to exceed $820,000 for a term\nof 5 years; and