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m20191015spe.pdf 1 October 15, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 15, 2019 A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O’Day at 5:36 p.m., on Tuesday, October 15, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Terry O’Day Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Greg Morena Councilmember Ted Winterer Absent: Mayor Gleam Davis Councilmember Sue Himmelrich Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:36 p.m., with all members present except Mayor Davis and Councilmember Himmelrich. Councilmember Morena led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember Jara excused at 5:39 p.m. There was no one present for public comment on closed sessions. Councilmember Jara recused herself from Item 1.D. to avoid any conflict of interest because she has a daughter who works for the city. On order of the Mayor Pro Tem, the City Council recessed at 5:39 p.m., to consider closed sessions and returned at 7:08 p.m., with Mayor Davis and Councilmember Himmelrich absent, to report the following: 1.A. Conference with Legal Counsel – Anticipated Litigation -- Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Claims against City: Claim No. 18-629, claimant R.M.; Claim No. 18-684, claimant E.E.; Claim No. 19-019, claimant J.Z.; Claim No. 19-127, claimant John Doe 1; Claim No. 19-128, claimant John Doe 2; DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 2 October 15, 2019 Claim No. 19-129, claimant John Doe 3; Claim No. 19-130, claimant John Doe 4; Claim No. 19-131, claimant John Doe 5; Claim No. 19-132, claimant John Doe 6; Claim No. 19-146, claimant John Doe 7; Claim No. 19-156, claimant A.F.; Claim No. 19-157, claimant C.M.; Claim No. 19-158, claimant J.M.; Claim No. 19-159, claimant J.L.; Claim No. 19-258, claimant C.E.; Claim No. 19-435, claimant J.R; Claim No. 19-518, claimant J.G. The City Attorney advised this matter was heard with no reportable action taken. 1.B. Conference with Legal Counsel – Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Rogelio Monroy v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCV10640; Elizabeth Esquivias v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCP03381; Jose Zaldivar v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCP03458. The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jovane Leonard v. City of Santa Monica, United States District Court Case No. 2:18-CV09782 CJC(FFMx). The City Attorney reported that the individual filed suit against the City after being apprehended by a canine unit in connection with an arrest. In order to avoid the expense and burden of litigation, the City Attorney recommends a settlement in the amount of $99,000. Motion by Councilmember McKeown, seconded by Councilmember Morena, to approve Settlement Agreement No. 10953 (CCS), in the amount of $99,000. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 3 October 15, 2019 1.D. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR, Human Resources Manager Shawn Weiske, and Outside Counsel Laura Kalty, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE). The City Attorney advised this matter was heard with no reportable action taken. AGENDA MANAGEMENT Councilmember Jara returned at 6:35 p.m. The Mayor Pro Tem proposed the following: continue Item 3.G. to the October 22, 2019 meeting when there will be a full council; Item 2.B. is being pulled at the request of staff; and Item 3.K. at the request of staff, is being continued to the November 12, 2019 meeting. All items were unanimously approved by consensus, with Mayor Davis and Councilmember Himmelrich absent. SPECIAL AGENDA ITEMS: 2.A. Commendations: Wellbeing Microgrant Recipients, was presented by Mayor Pro Tem O’Day. 2.B. Proclamation: Indigenous Peoples' Day, was pulled at the request of staff. 2.C. Presentation: Praesidium and Anti-Abuse Policy, was presented. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. At the request of Councilmember Morena, Item 3.D. was removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember Jara, to approve the Consent Calendar except for Items 3.D, 3.G, and 3.K reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis WATER QUALITY ANALYSIS 3.A. Award Bid and enter into agreements with Weck Laboratories, Inc. and Eurofins Eaton Analytical, LLC for Water Quality Laboratory Analysis, was approved. DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 4 October 15, 2019 Recommended Action Staff recommends that the City Council: 1. Award Bid #4391 to Weck Laboratories, Inc. and Eurofins Eaton Analytical, LLC, both California-based companies, for laboratory analysis of drinking water, wastewater, stormwater, groundwater and urban runoff for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Agreement No. 10944 (CCS) with Weck Laboratories, Inc. in an amount not to exceed $465,000 for one year, with four additional one-year renewal options in the amount of $465,000 each year, for a total amount not to exceed $2,325,000 over a five-year period, with future year funding contingent on Council budget approval; and 3. Authorize the City Manager to negotiate and execute Agreement No. 10945 (CCS) with Eurofins Eaton Analytical, Inc. in an amount not to exceed $200,000 for one year, with four additional one-year renewal options in the amount of $200,000 each year, for a total amount not to exceed $1,000,000 over a five-year period, with future year funding contingent on Council budget approval. GROUNDWATER SUPPLY WELLS 3.B. Award Bid and enter into agreements with Yellow Jacket Drilling Services, LLC, and General Pump Company, Inc., for Construction, Rehabilitation and Abandonment of City Groundwater Supply Wells, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP 2606 with Yellow Jacket Drilling Services, LLC, an Arizona-based company, for the drilling of two exploratory borings/wells, and General Pump Company, Inc., a California-based company, for well destruction and rehabilitation for the Public Works Department. 2. Authorize the City Manager to negotiate and execute Agreement No. 10946 (CCS) with Yellow Jacket Drilling Services, LLC, in an amount not to exceed $2,700,205 (including a $404,374 contingency). 3. Authorize the City Manager to negotiate and execute Agreement No. 10947 (CCS) with General Pump Company, Inc., in an amount not to exceed $396,221 (including a $51,681 contingency). 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. WATER MAINS 3.C. First Modification to Agreement with NV5, Inc. for Additional Design Services for the Non-Potable Water Main Expansion Project, was approved. DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 5 October 15, 2019 Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10762 (CCS) in the amount of $32,670 with NV5, Inc., a Florida-based company, to provide additional design services for the Non-Potable Water Main Expansion Project for the Public Works Department. This will result in a two-year amended agreement with a new total amount not to exceed $182,451, with future year funding contingent on Council budget approval. SAFE ROUTES FOR SENIORS 3.E. Award Request for Proposal and enter into Agreement No. 10949 (CCS) with Alta Planning and Design to provide program services for the Active Aging-Safe Routes for Seniors Project, was approved. Recommended Action Staff recommend that the City Council: 1. Award RFP# 240 to Alta Planning and Design, a California-based company, to provide program services for the Active Aging-Safe Routes for Seniors project; 2. Authorize the City Manager to negotiate and execute Agreement No. 10949 (CCS) with Alta, in an amount not to exceed $500,000 for three years. SOFTWARE LICENSE 3.F. Approval of Agreement No. 10950 (CCS) with Environmental Systems Research Institute, Inc. (ESRI), for renewal of Geographic Information System (GIS) Software License, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Environmental Systems Research Institute, Inc. (ESRI), a California-based company, for software licensing related to the City’s enterprise Geographic Information System (GIS) for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $168,300 (including a 10% contingency of $15,300) for three years, with one additional three- year renewal option in the amount of $168,300, on the same terms and conditions, for a total amount not to exceed $336,600 over a six-year period, with future year funding contingent on Council budget approval. EARLY CHILDHOOD LAB SCHOOL 3.G. Approval of First Modification to Ground Lease with Santa Monica College (SMC) for Early Childhood Lab School (ECLS) , was continued to the October 22, 2019 meeting. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 6 October 15, 2019 1. Authorize the City Manager to negotiate and execute a first modification to Ground Lease Agreement #10079 in the estimated amount of $1,161,304 with the Santa Monica Community College District, a California-based company, for the operation of the Early Childhood Lab School. This will result in an amended agreement with a new total estimated amount of $7,822,894, with future year funding contingent on Council budget approval. 2. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. EXECUTIVE PAY PLAN 3.H. Adoption of Resolution No. 11203 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED EXECUTIVE PAY PLAN”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute revisions to the Executive Pay Plan (EPP) and approve the attached revised salary schedule effective as a result of the agreement reached for the classifications identified in the EPP. BIG BLUE BUS FACILITIES 3.I. Award Request for Proposal and enter into Agreement No. 10951 (CCS) with Stantec Architecture Inc. to Develop a Work Plan for Upgrading Big Blue Bus Facilities to Accommodate a Zero- Emission Fleet by 2030, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP SP#2604 to Stantec Architecture Inc., a California- based company, to provide design and planning services for the Big Blue Bus Charging Infrastructure Project; and 2. Authorize the City Manager to negotiate and execute Agreement No. 10951 (CCS) with Stantec Architecture Inc., in an amount not to exceed $537,663 (including a 10% contingency) for two years. TRAFFIC MANAGEMENT 3.J. Approval of First Contract Modification with Elecnor Belco Electric, Inc. for the Advanced Traffic Management System Phase 5 Project, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10720 (CCS) in the amount of $274,524 with Elecnor Belco Electric, Inc, California-based company, for the Advanced Traffic Management System Phase 5 Project. This will result in an amended agreement with a new total amount not to exceed $2,023,000 with future year funding contingent on Council budget DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 7 October 15, 2019 approval. INDIGENOUS PEOPLES' DAY 3.K. Adoption of Resolution Observing Indigenous Peoples' Day, was continued to the November 12, 2019 meeting. Recommended Action Staff recommends that the City Council adopt the attached resolution declaring the second Monday in October of each year as Indigenous Peoples’ Day in the City of Santa Monica, California and reaffirming the City’s commitment to embracing diversity and rejecting hate and discrimination. MINUTES 3.L. Minutes of City Council - Special Meeting - September 24, 2019, were approved. MINUTES 3.M. Minutes of City Council - Regular Meeting - September 24, 2019, were approved. PIER Councilmember Morena excused at 7:48 p.m. 3.D. Award Bid and enter into Construction Contract with Metro Builders & Engineers Group, Ltd. for Pier Below Deck Fire Sprinkler Replacement Project - Phase 1, was presented. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2364 to Metro Builders & Engineers Group, Ltd., a California-based company, for construction services for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1 for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Contract No. 10948 (CCS) with Metro Builders & Engineers Group, Ltd. in an amount not to exceed $2,275,860 (including a 10% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. Councilmember Morena pulled this item to recuse himself to avoid any perceived conflicts of interest due to his family owning a business on the Pier. Motion by Councilmember Winterer, seconded by Councilmember Jara, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Mayor Pro Tem O’Day NOES: None DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 8 October 15, 2019 ABSENT: Councilmembers Himmelrich, Morena, Mayor Davis ORDINANCES: CONSTRUCTION MANAGEMENT PLANS Councilmember Morena returned at 7:49 p.m. 7.A. Introduction and First Reading of an Ordinance Amending Section 8.08.060(b) and Adding Chapter 8.98 to the Municipal Code Establishing Requirements for Construction Management Plans, was presented. Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 8.08.060(b) and adding Chapter 8.98 to the Santa Monica Municipal Code establishing requirements for Construction Management Plans. There were no members of the public present for this item. Questions asked and answered of staff included: has there been any consideration to have two tiers for fees for the use of public property for construction costs; did part of the study look at what the impact might be on 100 percent affordable housing; will this fold into the permit process, if so how; will it streamline the current process; will there be some sort of communication piece to inform the public of this new process; and, will this new process be included in the online permitting process. The City Attorney read for the record that the ordinance, as it w a s originally presented in the agenda, would have amended Santa Monica Municipal Code Section 8.08.060(b), simply by adding the words ‘Construction Management Plans.’ By adding these words it would allow the building officer to require an applicant to submit such a plan in order to obtain a building permit. We simply want to strike all references to Santa Monica Municipal Code Section 8.08.060(b) out of the ordinance. Motion by Councilmember McKeown, seconded by Councilmember Morena, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with amendments. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis AFFORDABLE HOUSING 7.B. Introduction and First Reading of and Ordinance Amending Santa Monica Municipal Code Chapter 9.64 to Extend the Removal of the Extremely-Low Income Affordable Housing Category from the City's the Affordable Housing Production Program, was presented. DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 9 October 15, 2019 Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending the text of Santa Monica Municipal Code Chapter 9.64, the City’s Affordable Housing Production Program (AHPP), to extend the removal of the Extremely-Low Income affordable housing category as an option to satisfy a project’s Affordable Housing Production Program obligation. Questions asked and answered of staff included: would the AHPP study take into account any potential for changes that have not come before the Council yet for adoption such as in the Downtown Plan or Bergamot Plan; and, why would we not consider the AHPP study. Members of the public Denise Barton, Jennifer Johnson and Linda Armstrong spoke to the recommended action. Discussion included but not limited to: concerns regarding fewer affordable units overall; temporary measures to legislate a more significant housing formula that will provide a mix of bedrooms and affordability; a lull in housing applications; Proposition R requirements; limited pool funds in the housing trust fund; and look for new ways to incentivize housing on the boulevards and in the Bergamot area. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Morena, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis STAFF ADMINISTRATIVE ITEMS: MEMORIAL PARK 8.A. Review of Master Plan layout and park program for renovation and expansion of Memorial Park, was presented. Recommended Action Staff recommends that the City Council: 1. Review and comment on the master plan layout and programmatic concepts for the Memorial Park Redevelopment and Expansion Project; 2. Direct staff to proceed with Request for Proposals for design and pre-construction services of phases 1 and 2 of the master plan; 3. Authorize the City Manager to negotiate and execute a fourth modification to agreement #9910 (PCD) in the amount of $149,000 (including 10% contingency) with Wood Environmental & DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 10 October 15, 2019 Infrastructure Solutions Incorporated, a California-based company, for preparation of the Environmental Impact Analysis for a total contract amount not to exceed $527,000; 4. Authorize the City Manager to negotiate Fiscal and Use Agreement Nos. 10952 (CCS) and 10953 (CCS) with Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) for capital improvement costs for Phase I implementation. Questions asked and answered of staff included: what was the feedback from Field Sports Advisory Committee (FSAC); how much of this plan has been vetted by the College; how much dialogue has there been between PCD and CCS on this plan and how it will impact the LUCE and housing, and how to find a balance within the park; would it make sense to have Moss Adams be involved in the construction design-build process for this project; is it possible to get a breakdown of zip codes for the people who participated in the workshops; during the workshops did anyone bring up having any other use for the park than fields; how much consideration was given to the placement of the bathrooms; has there ever been an inventory of how many basketball courts there are in the city; how is accommodation for the increase of parking being addressed; will there be a Community Service Officer substation; is there any consideration to close down 16th Street for other use, how would that work; how do permits work and how can we better manage use of the fields; why are there times when the fields are empty and they are not open, what can be done about this; what is being placed in the new plan that makes it look open or makes it look not open; are there renderings to get a sense of what this will feel like a t t h e pedestrian scale; what can be done to create more housing in this area; why the delay in Phase 2, was that due to cost or other concerns; and, what is the difference between Phase 1 and Phase 2 sports field; in the design build phase, how much opportunity is there to bring in a different or creative designer; and, what will be the process going forward for the Council to provide input on design. Mary Anne LaGuardia (on behalf of the Recreation and Parks Commission) spoke in favor of the recommended action. Members of the public Mary Anne LaGuardia, Lauralee Asch, Chris Knauf, Michael Kadish, Daniel Campbell, Calisse Lindsey, Tom Larmore, Rodney Liber, Michael Feinstein, John C. Smith (time donated by Linda Armstrong), and Lori Brown spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to: concerns that this park plan seems to only address diamond fields and not address other parks issues; do not delay Phase 1, but allow flexibility and DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 11 October 15, 2019 creativity moving forward with Phases 2 and 3; include a dog facility and other uses in Phases 2 and 3; there are opportunities to take back the space on 16th Street and utilize it for other uses; work on making the opening to the park more inviting from 14th Street; improve access to the skate park from Olympic; ways to open the fields and access to the park; challenges with the design, challenge with closed look on 17th Street, where there is a crosswalk coming from the Metro; parking may not be the best use for this space; a dog run needed; putting the hub in the center of the park is a terrible idea and is not a very good idea for cohesiveness; create a design that has less hard space and is more inviting; the amount of money that is available should be able to start Phase 1, but make the borders look more open; and, the design needs to be stronger integration with the neighborhood with more design and not a design build contract. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to direct staff to: proceed with the RFP for design and pre- constructive services of Phase 1 and 2 of the Master Plan; consider the possible access from the Expo station and whether rotating fields 3 and 4 might provide an opportunity for permeability; consider making the entrance on 14th Street, where the drop-off is located to make more of a pedestrian experience; consider using a portion of the vacated part of 16th Street; address making field 5 more flexible to include passive recreational use; and, add more community amenities to the hub, including barbecue grills and a dog run. Councilmember Jara proposed a friendly amendment to have staff come back to the Council once the plan is into full conception, but prior to finalizing the design. The motion was considered friendly by maker. Mayor Pro Tem O’Day proposed a friendly amendment to close 16th Street on the north side and expand into that space, instead of merely considering it; instead making a decision to close it; and, cut the amount of parking. The amendment was not considered friendly by the maker. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to move forward with the Phase 1 and 2 RFP design and construction which includes direction to consider the 14th Street mid-block entrance; rotate the fields on the northeast end creating a better entry for the Expo pedestrian traffic; expand into 16th Street; add more flexibility of use on top of the practice fields, include BBQ grills and other community amenities at the hub; include the dog run; and, have staff come back with design to council. Councilmember Morena proposed a friendly amendment to adding BBQ grills, but not specifically placed at the hub. The motion was considered friendly by maker. DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 12 October 15, 2019 The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Morena, NOES: Mayor Pro Tem O’Day ABSENT: Councilmember Himmelrich, Mayor Davis Motion by Councilmember McKeown, seconded by Councilmember Winterer, to authorize the City Manager to negotiate and execute a fourth modification to agreement #9910 (PCD) in the amount of $149,000 (including 10% contingency) with Wood Environmental & Infrastructure Solutions Incorporated, a California-based company, for preparation of the Environmental Impact Analysis. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, NOES: Mayor Pro Tem O’Day ABSENT: Councilmember Himmelrich, Mayor Davis Motion by Councilmember Winterer, seconded by Councilmember McKeown, to authorize the City Manager to negotiate Fiscal and Use Agreement Nos. 10952 (CCS) and 10953 (CCS) with Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) for capital improvement costs for Phase I implementation. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Morena, NOES: Mayor Pro Tem O’Day ABSENT: Councilmember Himmelrich, Mayor Davis PUBLIC HEARINGS: STREETLIGHTING ASSESSMENT DISTRICT 9.A. Public Hearing for Proposed Streetlighting Assessment District on 9th Street, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing and receive public comment regarding the proposed streetlight assessment district on 9th Street between Marguerita Avenue and Alta Avenue, in conformance with Proposition 218, authorized by State law under the Municipal Improvement Act of 1911; 2. Close the public comment portion of the hearing and direct the City Clerk to accept the ballots submitted and tabulate the vote for the proposed district; and 3. Direct staff to prepare a resolution certifying the election results for the proposed district, to be adopted at the November 12, 2019 council meeting. DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 13 October 15, 2019 Member of the public Korie Schmidt spoke to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara. Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis RESOLUTIONS: BUILDING STANDARDS CODES 11.A. Adoption of Resolution No. 11204 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt the attached resolution making findings of local climatic, geological and topographical conditions, as required by the California Health & Safety Code, to adopt local amendments to the California Building Standards Code. 2. Introduce for first reading the attached ordinance to adopt the 2019 California Building Standards Code, and Santa Monica local amendments to the 2019 California Building Standards Code, excluding the 2019 California Energy Code and the 2019 California Green Building Standards Code. 3. Instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance, but at least 30 days before the effective date of the Codes. Member of the public Denise Barton spoke to the recommended action. Motion by Councilmember Winterer, seconded by Councilmember Morena, to adopt the resolution. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Morena, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 14 October 15, 2019 Motion by Councilmember McKeown, seconded by Councilmember Jara, to introduce and hold first reading of the ordinance reading by title as amended only and waiving further reading thereof. Councilmember McKeown, seconded by Councilmember Jara, to make a friendly amendment to add to the motion to instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance, but at least 30 days before the effective date of the Codes. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis COUNCILMEMBER DISCUSSION ITEMS: HOUSING COMMISSION 13.A. Recommendation to accept Anjuli Kronheim Katz's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy, was presented. There were no members of the public present. Motion by Councilmember McKeown, seconded by Councilmember Jara, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with Councilmember Himmelrich and Mayor Davis absent. COUNCIL TRAVEL FUNDS 13.B. Request of Councilmember Winterer that Council approve use of his travel funds to attend the 2019 Cities Thrive Mental Health Conference in New York City November 18-19, 2019, was presented. There were no members of the public present. Motion by Councilmember McKeown, seconded by Councilmember Morena, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis MARIACHI MUSIC PROGRAM 13.C. Request of Mayor Davis, Councilmembers Winterer and Morena that the Council use $19,065 of its discretionary fund to support expansion of the Mariachi Music Program in the Santa DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 15 October 15, 2019 Monica-Malibu Unified School District. The money will be designated for the Santa Monica Education Foundation which is the primary financial supporter of the program, was presented. There were no members of the public present. Motion by Councilmember Winterer, seconded by Councilmember Morena, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis CENSUS COMMITTEE 13.D. Request of Mayor Davis and Councilmember McKeown that the Council authorize up to $25,000 of Council discretionary funds for the City Manager's Office to convene a Census Complete Count Committee to launch and conduct community outreach and education efforts for the 2020 Census, including targeted outreach for Hard-to- Count areas and populations as designated by the U.S. Census Bureau and bilingual outreach materials, was presented. There were no members of the public present. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis TOBACCO PRODUCTS 13.E. Request of Mayor Davis and Councilmember Winterer that City staff review the recent report issued by the Los Angeles City Attorney on September 18, 2019, related to banning the retail sale of flavored tobacco products and e-cigarettes, closely follow any actions taken by the Los Angeles City Council in response, and return with proposed action to ensure a consistent regional approach in discouraging t h e purchase and use of tobacco products and e-cigarettes by our youth, was presented. There were no members of the public present. DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB 16 October 15, 2019 Motion by Councilmember Winterer, seconded by Councilmember Morena, to adopt the recommendation. The motion was approved by a unanimous voice vote, with Councilmember Himmelrich and Mayor Davis absent. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 11:04 p.m. ATTEST: A P P R O V E D : Denise Anderson-Warren Terry O’Day City Clerk Mayor Pro Tem DocuSign Envelope ID: A81C139F-3A7B-49A4-AF1E-7DEDB5DED6BB