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m20221025 1 October 25, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 25, 2022 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McCowan at 5:33 p.m., on Tuesday, October 25, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Lana Negrete Councilmember Oscar de la Torre (arrived at 5:35 p.m.) Councilmember Christine Parra Absent: Mayor Sue Himmelrich Also Present: City Manager David White City Attorney Douglas Sloan City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present except Mayor Himmelrich and Councilmember de la Torre. Councilmember Brock led the assemblage in the Pledge of Allegiance. AGENDA MANAGEMENT Motion by Councilmember Brock, seconded by Councilmember Davis, to continue the Boards and Commission appointments until the November 15th meeting. The motion was unanimously approved by voice vote with Mayor Himmelrich and Councilmember de la Torre absent. GENERAL PUBLIC INPUT: Councilmember de la Torre arrived at 5:35 p.m. Members of the public Leah Mendelsohn, Vinay Prabhu, Ken Clayman, Jason Axe, Krystina Marie Price, Arlene Vaillancourt, Denise Barton, Francois Vaillancourt, Olga Zurawska, Jerry Rubin, Susan Ryza, and Sage Ryza commented on various local issues. PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: Members of the public Joanne Berlin and Craig Ali commented on closed session items. Members of the public Denise Barton commented on special agenda items. Members of the public Denise Barton commented on consent DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 2 October 25, 2022 calendar items. AGENDA MANAGEMENT Motion by Councilmember Davis, seconded by Councilmember Brock, to pull item 3.D. from being heard. The motion was unanimously approved by voice vote, with Mayor Himmelrich absent. CLOSED SESSIONS Councilmember de la Torre returned at 7:36 p.m. On order of the Mayor Pro Tem, the City Council recessed at 6:11 p.m., to consider closed sessions and returned at 7:34 p.m., with all members present except Mayor Himmelrich and Councilmember de la Torre, to report the following: 3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027 The City Attorney advised this matter was pulled and not heard. 3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): James Anthony Humphrey v. City of Santa Monica, et al., Case No. 21-cv-06812 The City Attorney advised this matter was heard with no reportable action taken. 3.C. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (2 potential cases) The City Attorney advised this matter was heard with no reportable action taken. 3.D. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Unit: FEMA-Santa Monica Fire Executive Management Association The City Attorney advised this item was pulled and not heard. 3.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 3 October 25, 2022 Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835 The City Attorney advised this matter was pulled and not heard. SPECIAL AGENDA ITEMS: 4.A. City Manager Report, was presented. REPORT ON COUNCIL TRAVEL Councilmember de la Torre reported that he traveled to San Diego and Tijuana for the Sister City International conference. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember Davis, seconded by Councilmember Parra, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich WASTEWATER 5.A. Award a Professional Services Agreement No. 11325 (CCS) to ADS Corporation for Flow Monitoring & Data Analysis at the City's Two Wastewater Outfalls, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with ADS Corporation for sewer flow monitoring for the Public Works 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 five-year agreement with a total amount not to exceed $130,000 with future year funding contingent on Council budget approval. DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 4 October 25, 2022 FIRE DEPARTMENT 5.B. Award Bid to American Moving Parts, LLC, for Purchase of Brake Parts for Bus Fire Department Apparatus, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4426 to American Moving Parts, LLC for the purchase of brake parts and brake reline kits for the Transportation and Fire Departments; 2. Authorize the Procurement Manager to issue a purchase order with American Moving Parts, LLC for brake parts and reline kits in the amount not to exceed $276,856, which includes a $25,169 contingency, over a two-year period, with future year funding contingent on Council budget approval. TELECONFERENCE MEETINGS 5.C. Adoption of Resolution No. 11471 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361 TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE”, was adopted. Recommended Action Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Force. HISTORIC PROPERTY PRESERVATION 5.D. Adoption of Resolution Nos. 11472 (CCS) through 11476 (CCS) Approving Historic Property Preservation Agreement Nos. 11329 (CCS) through 11333 (CCS) (Mills Act Contracts) for Designated Historic Resources Located at 2602 Third Street, 227 Beach Street, 227 Broadway, 818 Grant Street and 174 Kinney Street, was adopted. Recommended Action Staff recommends that the City Council adopt the attached Resolutions authorizing the City Manager to execute Historic Property Preservation Agreements (Mills Act Contracts) between the City of Santa Monica and the owners of City- designated historic resources located at 2602 Third Street, 227 Beach Street, 227 Broadway, 818 Grant Street, and 174 Kinney Street. DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 5 October 25, 2022 FIRE DEPARTMENT 5.E. Approval of Purchase Order with Kovatch Mobile Equipment Corporation (KME) for the Purchase of Fire Apparatus Replacement Parts and Service, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a purchase order with Kovatch Mobile Equipment Corporation (KME) for the purchase of Original Equipment Manufacturer (OEM) repair parts, and for OEM repairs of Fire Department heavy-duty apparatus. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a five-year term with a total amount not to exceed $581,734, which includes a $52,885 contingency, with future year funding contingent on Council budget approval. WATER TREATMENT CHEMICALS 5.F. Award Bid #4431 to JCI Jones Chemicals Inc. and Univar Solutions USA for the Purchase of Sodium Hypochlorite, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4431 to JCI Jones Chemicals Inc as the primary vendor for the purchase of sodium hypochlorite for the Arcadia Water Treatment Plant (Arcadia), Charnock Well Field (Charnock), and the Sustainable Water Infrastructure Project (SWIP) site; Univar Solutions USA as the secondary vendor for the purchase of sodium hypochlorite for SWIP; 2. Authorize the Procurement Manager to issue a purchase order with JCI Jones Chemicals for sodium hypochlorite in the amount not to exceed $200,000 for one year, with four additional one-year renewal options to extend at mutually agreeable price adjustment for a total not to exceed $1,150,000. 3. Authorize the Procurement Manager to issue a purchase order with Univar Solutions USA for sodium hypochlorite in the amount not to exceed $100,000 for one year, with four additional one-year renewal options to extend at increases between 5% to 10%, for a total not to exceed $575,000. WATER TREATMENT CHEMICALS 5.G. Award Bid #4430 to Pacific Star Chemical, Brenntag Pacific, Inc., and Univar Solutions USA for the Purchase of Sodium Hydroxide, was approved. DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 6 October 25, 2022 Recommended Action Staff recommends that the City Council: 1. Award Bid #4430 to Pacific Star Chemical dba Northstar Chemical as the primary vendor for the purchase of sodium hydroxide for the Arcadia Water Treatment Plant (Arcadia) and Brenntag Pacific, Inc. as the primary vendor for the purchase of sodium hydroxide for the Santa Monica Urban Runoff Recycling Facility (SMURRF); Univar Solutions USA Inc as the secondary vendor for the purchase of sodium hydroxide for the Arcadia Water Treatment Plant and SMURRF; 2. Authorize the Procurement Manager to issue a purchase order with Pacific Star Chemical dba Northstar Chemical for sodium hydroxide in the amount not to exceed $50,000 for one year, with four additional one- year renewal options to extend at a mutually agreeable price adjustment for a total not to exceed $290,000; and 3. Authorize the Procurement Manager to issue a purchase order with Brenntag Pacific, Inc. for sodium hydroxide in the amount not to exceed $35,000 for one year, with four additional one-year renewal options to extend at mutually agreeable price adjustment for a total not to exceed $200,000; and 4. Authorize the Procurement Manager to issue a purchase order with Univar Solutions USA Inc. for sodium hydroxide in the amount not to exceed $35,000 for one year, with four additional one-year renewal options at increases between 5% to 10% for a total not to exceed $200,000. CHARNOCK WELL FIELD 5.H. Award RFP #328 to Grace Environmental Services for Operations, Maintenance, & Management Services at Charnock Well Field, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #328 to Grace Environmental Services, a California-based company, for Charnock Well Field operations, maintenance and management services for the production and treatment of potable water for the Public Works Department; and 2. Authorize the City Manager to negotiate and execute Agreement No. 11326 (CCS) with Grace Environmental Services, in an amount not to exceed $475,000 for one year with four additional one-year renewal options at a 2.0% increase for the first renewal year and 2.5% DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 7 October 25, 2022 increase for renewal years 2 through 4 for a total amount not to exceed $2,500,000 over a five-year period, with future year funding contingent on Council budget approval. BIG BLUE BUS 5.I. Adoption of the Big Blue Bus Title VI Program, was approved. Recommended Action Staff recommends that the City Council adopt the proposed Big Blue Bus (BBB) Title VI Program so that the Santa Monica Department of Transportation remains eligible for federal grant funds. Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color, and national origin to ensure that individuals are not excluded from participation in, denied benefits of, or subjected to discrimination under any program and activity receiving federal financial assistance. 1311 THIRD STREET PROMENADE 5.J. Adoption of Resolution No. 11477 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL NO. 83173 TO SUBDIVIDE A PROPERTY AT 1311 THIRD STREET PROMENADE”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 83173 for a three- unit subdivision of an existing mixed-use building located at 1311 Third Street Promenade, which includes existing residential units, office space, and retail space to be separately leased, financed, or sold. REAL ESTATE ADVISORY SERVICES 5.K. Approval of Fifth Modification to Allan D. Kotin & Associates Professional Services Agreement for Real Estate Advisory Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a fifth modification to Professional Services Agreement (PSA) #9543 (CCS) with Allan D. Kotin & Associates for continuation of real estate advisory services related to the Santa Monica Pier and other City projects. This modification will extend the term by one year. This will result in a 12-year amended agreement with no increase to the current authorized amount of $340,000, with future year funding contingent on Council budget approval. DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 8 October 25, 2022 PARKING STRUCTURE #5 5.L. Approval of Agreement No. 11327 (CCS) with Otis Elevator Company for Parking Structure #5 Elevator Repair, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Otis Elevator Company (Otis) for repairs to the Parking Structure 5 elevator for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.240 (a1, b, c, d3) and 2.24.250 (b) and is for a total amount not to exceed $503,000. AFFORDABLE HOUSING FEES 5.M. Adoption of Resolution No. 11478 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET-RATE MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.64.070(B) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS” and Resolution No. 11479 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.64.070(C) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS”, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt the attached Resolution increasing the Affordable Housing Unit Base Fee by 10.2 percent for new market- rate apartments and condominiums (Attachment A). 2. Adopt the attached Resolution increasing the Affordable Housing Unit Development Cost by 10.2 percent (Attachment B). CONSTRUCTION/ DEMOLITION MATERIALS PROCESSING 5.N. Award Bid to Arakelian Enterprises, Inc., dba Athens Services, for Construction and Demolition Materials Processing, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 312 to Arakelian Enterprises, Inc., dba Athens Services for construction and demolition DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 9 October 25, 2022 material processing and recycling services for the Public Works Department; and 2. Authorize the City Manager to negotiate and execute Agreement No. 11328 (CCS) with Arakelian Enterprises, Inc., dba Athens Services, in an amount not to exceed $617,000 (including a 15% contingency) for two years, with three additional one-year renewal options in the amount of $1,020,000 on the same terms and conditions for a total amount not to exceed $1,637,000 over a five-year period, with future year funding contingent on Council budget approval. JOB CLASSIFICATIONS 5.O. Adoption of Salary Resolution No. 11480 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR EXISTING CLASSIFICATIONS: LEAD PARKING METER TECHNICIAN, LEAD TRAFFIC SIGNAL TECHNICIAN, PRINCIPAL LEGAL ANALYST, SAFETY ADMINISTRATOR, TRAFFIC OPERATIONS SUPERVISOR, TRAFFIC SIGNAL TECHNICIAN, TRANSIT SAFETY OFFICER, TRANSIT TRAINING SUPERVISOR, TRANSPORTATION MARKETING COORDINATOR, AND USER EXPERIENCE DESIGNER”, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt a resolution of the City of Santa Monica establishing new classifications, revising classification titles, and establishing salary rates for new or existing classifications (Attachment A). 2. Approve the position and classification changes (Attachment B). MINUTES 5.P. Minutes for the City Council - Regular Meeting - October 11, 2022, were approved. PUBLIC INPUT ON REMAINING AGENDA ITEMS: Member of the public Denise Barton commented on Item 10.B. Members of the public Olga Zurawska, David Morris commented on Item 10.D. Members of the public Denise Barton, Olga Zurawska, Anthony Mollica (time donated by Mark Mollica), Asher Amir, Brian Bornemann (read comment from Cain Senciac), Hunter Hall, Matt Stauffer, Charles Craig, and Martin Ronzio-Garcia DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 10 October 25, 2022 commented on Item 11.A. Members of the public Elizabeth Gelfand Stearns, and Laurie Snyder commented on Item 11.B. Members of the public Philip Recht, Jessica Burton, Jibran Shermohammed (time donated by Gina Gribow), Clay Collett, Victor de la Cruz, and Jake Itzkowitz, commented on Item 14.A. Members of the public Olga Zurawska and David Morris commented on Item 16.C. Members of the public Andy Schwich (time donated by Trevor Kronemann), Ho Nguyen (time donated by Rian Weintraub), Grace Benn (time donated by Victoria Findlater), Mike Layton, Debbie Mahdessian, Paul Shaaf, Mark Gerlach, Anna Andersson, Lesley Bracker, Alexander Rosteck, Troy Harris, Paren Knadjian, Henry Catanzaro, Dominika Julliet, Troy Hamner, Heather Baroff, Robert Elbinger, Molly Brog (time donated by Ben Kiel), and Bara Sebkova, commented on Item 16.F. Members of the public Ryan Olson, Jason Mastbaum, Natalya Zeritskaya, Leonora Camner, and Matt Stauffer commented on Item 16.I. BREAK On the order of the Mayor Pro Tem, Council took a brief recess at 9:52 p.m. and reconvened at 10:03 p.m. with all members present, except Mayor Himmelrich and Councilmember Negrete. CONTINUED ITEMS: DISABILITIES COMMISSION 8.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 06/30/2025, was continued to the November 15th meeting. ORDINANCES: FIRST COURT PROMENADE 10.A. Second Reading and Adoption of Ordinance No. 2725 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTION 3.36.150 OF CHAPTER 3 OF THE SANTA MONICA MUNICIPAL CODE, TO ESTABLISH THE FIRST COURT PROMENADE ON A PORTION OF FIRST COURT BETWEEN SANTA MONICA BOULEVARD AND ARIZONA AVENUE, IN THE CITY OF SANTA MONICA, CALIFORNIA AS A PEDESTRIAN MALL; AND PROHIBIT VEHICULAR TRAFFIC THEREON”, was presented. DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 11 October 25, 2022 Recommended Action Staff recommends that the City Council adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich, Councilmember Negrete BUILDING PERMIT APPLICATIONS Councilmember Negrete returned at 10:06 p.m. 10.B. Introduce for First Reading an Ordinance to Amend Santa Monica Municipal Code 8.08.060 to Extend Building Permit Application Expiration Dates for Projects Requiring a Coastal Development Permit, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt the CEQA findings in the staff report set forth under “Environmental Review;” 2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Section 8.08.060(h) to extend the building permit application expiration date for projects requiring a Coastal Development Permit. Questions asked and answered of staff included: what are the differences between this permit and other permits going to the Coastal Commission; are there any projects that fall in that category now, and what are the addresses for those projects. Motion by Councilmember Brock, seconded Councilmember Davis, to adopt the CEQA findings in the staff report set forth under “Environmental Review” and 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 de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 12 October 25, 2022 ECONOMIC RECOVERY 10.C. Second Reading and Adoption of Ordinance No. 2726 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO ECONOMIC RECOVERY IN (1) THE CITY’S DOWNTOWN, MIXED USE AND COMMERCIAL, EMPLOYMENT, OCEANFRONT, AND PUBLIC AND SEMI- PUBLIC DISTRICTS, EXCLUDING THE AREA INCLUDING AND IMMEDIATELY ADJACENT TO THE THIRD STREET PROMENADE; AND (2) THE AREA INCLUDING AND IMMEDIATELY ADJACENT TO THE THIRD STREET PROMENADE”, was presented. Motion by Councilmember Davis, seconded by Councilmember Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Para, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich LOBBYING ACTIVITY 10.D. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity and Participation of Lobbyists on City of Santa Monica Boards and Commissions, was presented. Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance, which does the following: 1. Amends Santa Monica Municipal Code Section 4.85.010 to further clarify and define “lobbying activity,” with a financial threshold, with certain exceptions; 2. Adds Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment. Questions asked and answered of staff included: would this only apply to people who lobby the City of Santa Monica; is lobbyist defined the same way it is in other cities; is there a way to provide a better definition of a lobbyist; if a Councilmember gives more than $5,000 to an advocacy organization, would that make them an Expenditure lobbyist; how is this going to be DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 13 October 25, 2022 determined, will it be added to the application; and, is anyone who accepts $50 payment to lobby in the city is considered a lobbyist. Motion by Councilmember Brock, seconded by Councilmember Negrete, to amend the proposed ordinance by adding to the lobbyist definition for any individual who receives economic consideration to reduce it from $7,500 to an amount of at least $50, and adding that a Lobbyist also includes an Expenditure Lobbyist. Councilmember Davis, proposed a friendly amendment to change the voting requirement for Council to overrule the requirement from a unanimous decision to two-third votes to be appointed to a board and/or commission. The motion was considered friendly by the maker and seconder. Considerable discussion ensued on topics including, but not limited to: the possible restrictiveness that the Expenditure Lobbyist could limit some of the applicants; and, the $50 dollar amount for in-kind or cash is an extremely small amount considering what things cost. City Attorney read into the record the proposed definition for Economic Consideration to “means monetary or in-kind payment or remuneration in an amount in excess of $50.00, or the expectation of such remuneration, for engaging in the legislative advocacy. Compensation does not include the salary of an employee who devotes less than 20% of that employee’s work time to legislative advocacy during any one year and who engages in legislative advocacy only on behalf of a single employer. Compensation also does not include reimbursement of or payments for reasonable travel or business expenses, such as copying, telephone charges and meals.” Substitute motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to approve the ordinance, as amended, to include the definition economic consideration as read into the record by the City Attorney, as well as the friendly amendment changing the voting requirement to a supermajority instead of a unanimous vote of the Council to appoint to a board or commission. The substitute motion did not pass by the following vote: AYES: Councilmember Davis, Mayor Pro Tem McCowan NOES: Councilmembers Parra, Negrete, Brock, de la Torre DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 14 October 25, 2022 ABSENT: Mayor Himmelrich Councilmember Negrete proposed an amendment to the original motion to update the economic consideration to be the same as the language proposed in the Beverly Hills ordinance, with the amendment to change the voting requirement. The amendment was considered friendly by the maker. The original motion by Councilmember Brock, seconded by Councilmember Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with the amendments. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich CALIFORNIA BUILDING STANDARDS 10.E. Second Reading and Adoption of Ordinance No. 2727 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE BY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND THE SANTA MONICA LOCAL AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS CODE”, was presented. Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich STAFF ADMINISTRATIVE ITEMS: PARKLET PROGRAM 11.A. Santa Monica Permanent Parklet Program, was presented. Recommended Action Staff recommends that the Council review the additional information City staff included in the staff report concerning wastewater fees, outdoor heaters, canopies, and parklet size DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 15 October 25, 2022 under the Parklet Program and provide comments. Questions asked and answered of staff included: how much of the wastewater fees go to Santa Monica and why has the fee doubled since 2020; what is the difference between indoor dining and fast food; what if a restaurant no longer serves lunch and dinner, how are their fees reduced; how is it fair for the parklets to pay the new fee when the parklet program is not even permanent; if a restaurant only has a few years left on their lease, does this fee go to the landlord or the next restaurant owner; what is the number of increase seats requested in the applications; what would be the impact on the wastewater fee if the fee was amortized over the term of their lease; after the inspection, how much do we expect the number of seats to increase; for safety reasons, is there any flexibility with using a see through barrier; is there flexibility for the height on the canopies and umbrellas; can a case by case exception be made to allow more than two parking spaces, as long as they have consent from their neighbors; how much communicating with the stakeholders was done before this program was brought forth, and how can we do better to make sure the stakeholders are aware of any changes; how are the monies used that are collected from these fees; is the fees used so that our infrastructure doesn’t fail and on-going maintenance; will we be in a better water situation as a result of the investment made using these wastewater fees; if the water fee is extended beyond five years, won’t that cause a problem with the fees having to be reassessed; do we also collect a similar fee if someone is building affordable housing; is it legal to take the fee from one location to an other; when does the 20% need to be paid to the City of Los Angeles; when does the wastewater fee have to be paid by the restaurant; is it expected that any of the restaurants will have to pay the wastewater fee before the end of the year; is the $900 propane fee still intact; does the propane fee cover five or more heaters: if a restaurant has too many propane tanks, do they receive a fine; are most restaurants aware of the propane requirements and realize that there would be an additional fee; what is the actual dollar amount that goes to L.A. County for the seat fee; explain how an dormant business that was paid up can come in and not feel the impact of the wastewater fee because their fee was previously paid up based on the old business; and, how does any adjustments effect any of the businesses who have already applied. Considerable discussion ensued on topics including, but not limited to: maintain the compliance deadline for February 28th, but extend the only charge the L.A. County fees upfront fee for DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 16 October 25, 2022 now, have April 3rd charge the rest of the fee as well as offer other options for payment, with a three-year plan instead of five-year plan for the parklet program; follow the state’s canopy and umbrella rules; support the two space parklet; parklets need to be safe, but show uniqueness with individuality; support any idea to support small businesses; support moving to pay the 20 percent for the City of L.A.’s portion, but the hardship waiver to pay should be up to 5 years period; would like to modify the maximum number of parking spaces on a case by case basis, if your neighbor allows you to use their allotted spaces; and look for other options for propane storage. Direction given to staff to come back with a modified ordinance to include: for the parklet program, keeping the compliance deadline for February 28th; extend by the licensing agreement the date at which payment begins for the wastewater fees to April 3rd as the date to pay the 20% to the fees for the City of L.A., with a three-year repayment plan for the remaining 80% to be paid to the City of Santa Monica; provide clarification on propane fees; return with options for propane storage; and, there was indecision about whether to provide a case by case basis for allowing more than two parking spaces. AGENDA MANAGEMENT Motion by Councilmember Negrete, seconded by Councilmember Brock, to continue Items 16.B. through 16.I to the November 1st Special meeting and continue Item 16.A to the November 15th Regular meeting. The motion was unanimously approved by voice vote, with Mayor Himmelrich absent. HOME-SHARING PROGRAM 11.B. Adoption of Resolution No. 11481 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A HOME-SHARE LEGALIZATION PROGRAM”, was presented. Recommended Action Staff recommends that City Council: 1. Adopt findings set forth in “Environmental Analysis” determining the adoption of a resolution to establish a home-share legalization program is exempt under the California Environmental Quality Act; and 2. Adopt a resolution establishing a home-share legalization program to authorize issuance of temporary, conditional home-share permits pending amendments to the City’s home-share regulations. Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt the staff recommendation. The motion was DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 17 October 25, 2022 approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich CONTINUE MEETING Motion by Councilmember Davis, seconded by Councilmember Brock, to continue past 11 p.m. with Item 14.A. The motion was unanimously approved by voice vote, with Mayor Himmelrich absent. RESOLUTIONS: DIGITAL WAYFINDING 14.A. Adoption of a Resolution Declaring Intention to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program, was presented. Recommended Action Staff recommends that the City Council adopt the attached Resolution of Intent declaring the Council’s intent to hold a public hearing on November 15, 2022, to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network for a 20-year term, per the terms and conditions stated in the resolution. Questions asked and answered of staff included: are those actual kiosk or are those simulations; are they digital or static; are all of the features available on all kiosk or are they all different; how do they know if their kiosk use less energy than their competitors; in any of the cities do they use the camera access with the local Police; are there any major technological problems with any of their kiosk currently in use; how long will it take to install the units; does the profit sharing begin only after the first 25 are installed; what are the discounts for local businesses; how much of the content will the city be able to place on the units; are there any internal policies that the city won’t be able to post; were there side by side demonstrations to make comparisons; was the functionality the same between all the same companies; what does it mean when you say it’s going to be unique to Santa Monica; for ADA compliance, does that include visual; is the vendor required to having a specific amount of employees, is that part of the RFP; is there a plan to incorporate art in the kiosk; what are the Council’s options for tonight; what will we see in Santa Monica over the next six months; what can the kiosk do, and what are the capabilities; what are the features for a person who rolls up in a wheelchair; DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 18 October 25, 2022 has the architect to design been hired already; how long will the design to build process take; what is the financial expectation for the city once all of the first 25 kiosk are deployed; what are the options before Council tonight; is the company going to be subcontracting most of the work out; is the profit-sharing model something that is very common, and what role does the City Council have in the kiosk design process. Considerable discussion ensued on topics including, but not limited to: would like to have a comparison to provide a clearer understanding of the financials, as well as the product; if the Council decided to refuse the proposal, what would be the next steps; wanting a better understanding of the legal process and what options are available to Council: would like a product demonstration; concern if a contingency can be built in before the Council is able to see a demonstration; and, request for a continuation of this item, until the November 15th meeting, with a demonstration prior to that meeting. Motion by Councilmember Brock, seconded by Councilmember Negrete, to continue to the November 15th meeting, with full functioning demonstration in Santa Monica prior to that meeting. The motion was unanimously approved by voice vote, by all members present. COUNCILMEMBER DISCUSSION ITEMS: PERSONNEL BOARD 16.A. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on 6/30/2023, was continued to the November 15th meeting. ARCHITECTURAL REVIEW BOARD 16.B. Recommendation to accept Therese Kelly's resignation from the Architectural Review Board and authorize the City Clerk to publish the vacancy, was continued to the November 1st meeting. MEASURE A 16.C. Request of Mayor Himmelrich and Councilmember Davis that the City Council express its support for Los Angeles County Measure A. Measure A would amend the Charter of the County of Los Angeles to grant the Board of Supervisors authority to remove an elected Sheriff from office for cause by a supermajority (4 out of 5) of the Board, was continued to the November 1st meeting. LINCOLN BOULEVARD 16.D. Request of Councilmembers Negrete and Brock that the City Manager evaluate options to enhance the maintenance and appearance of Lincoln Boulevard between Olympic Boulevard (north and south), inclusive of portions of Olympic Blvd east and west of Lincoln, as depicted roughly in the shaded area in the attached map. This is a DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 19 October 25, 2022 highly trafficked and visible area of the City and serves as a gateway for visitors to Santa Monica and the City Manager is being asked to return to City Council with options to improve the area, was continued to the November 1st meeting. SISTER CITIES COMMEMORATION 16.E. Request of Councilmember Brock to direct the City Manager to evaluate the potential of programming the open space along Main Street adjacent to the City Hall North Parking Lot in partnership with the Santa Monica Sister City Association that would commemorate our five Sister Cities: Mazatlan, Mexico (1961), Hamm, Germany (1969), Fujinomiya, Japan (1974), Kizugawa, Japan (2017), and Brighton, England (2022), was continued to the November 1st meeting. PICKLEBALL COURTS 16.F. Request of Councilmember Negrete to direct the City Manager to develop construction and annual maintenance cost estimates and evaluate the impacts of constructing courts dedicated to pickleball on the Interim Open Space at Santa Monica Airport adjacent to Airport Park as soon as possible while supporting other current and planned uses on the Interim Open Space. The City Manager is also being asked to produce a schedule of permitted and open recreational use of the tennis / pickleball courts at Memorial Park and evaluate the potential to expand the use of the courts at Memorial Park for pickleball, was continued to the November 1st meeting. SMOKING 16.G. Request of Councilmember Negrete that the City Council direct the City Manager and City Attorney to come back with a proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in multi- unit residential common areas, and the public right-of-way areas around multi-unit residential buildings, was continued to the November 1st meeting. COUNCIL TRAVEL 16.H. Request of Mayor Pro Tem McCowan that the City Council authorize use of her travel funds for costs incurred from her July 27-30, 2022 travel to Brighton, England for the official Friendship City signing ceremony in partnership with Santa Monica Travel and Tourism and the Santa Monica Sister City Association, was continued to the November 1st meeting. BUILDER’S REMEDY 16.I. Request of Councilmembers Brock, Parra and de la DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF 20 October 25, 2022 Torre, in the wake of residents’ concerns about the “Builder’s remedy” permits just filed for 1,000s of new housing units, overwhelmingly market rate and up to 15 stories, that the Council ask the City Attorney to hire appropriate outside legal counsel to conduct a thorough review and write a report regarding the City’s legal options and remedies, including rejecting the applications under all applicable laws. The law firm hired to conduct this review shall be selected by the City Council and shall have the power to obtain documents it deems useful to its legal review and be given full cooperation by staff and elected and appointed officials, was continued to the November 1st meeting. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 3:07 a.m. ATTEST: APPROVED: Denise Anderson-Warren Kristin McCowan City Clerk Mayor Pro Tem DocuSign Envelope ID: 7DA0B26E-69A5-4733-AAE9-4CB8EA4095EF