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m20230524spe 1 May 24, 2023 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 24, 2023 A special meeting of the Santa Monica City Council was called to order by Mayor Davis at 6:03 p.m., on Wednesday, May 24, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Lana Negrete Councilmember Phil Brock Councilmember Oscar de la Torre Councilmember Christine Parra Councilmember Caroline Torosis Councilmember Jesse Zwick (arrived 6:14 p.m.) Also Present: City Manager David White City Attorney Douglas Sloan Acting Clerk Maria Dacanay-Wisner CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:03 p.m., with all members present except Councilmember Zwick. Councilmember Torosis led the assemblage in the Pledge of Allegiance. AGENDA MANAGEMENT Motion by Mayor Davis, seconded by Councilmember Torosis, to hear item 12.A. before all other items. The motion was unanimously approved by voice vote, with Councilmember Zwick absent. PUBLIC HEARINGS: IMPASSE WITH ADMINISTRATIVE TEAM ASSOCIATES (ATA) 12.A. Government Code Section 3505.7 Public Hearing on Impasse with Administrative Team Associates, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; 2. Adopt the Factfinding Report dated March 7, 2023, as the official report in the matter of the impasse between Administrative Team Associates (ATA) and the City of Santa Monica (City) (Attachment A); and 3. Adopt and Direct staff to implement the Last, Best and Final Offer authorized by City Council and presented to ATA on February 15, 2022 The Councilmembers present did not have ex-parti communications to report, with Councilmember Zwick absent. DocuSign Envelope ID: FA96FD81-F62B-48AC-B3A9-FCEA3B61AA76 2 May 24, 2023 (Councilmember Zwick arrived at 6:14 p.m.) The Mayor opened the public hearing and Alexander Volberding of Liebert Cassidy Whitmore presented and gave rebuttals on behalf of the City, and Administrative Team Associates (ATA) President Benjamin Steers and Attorney Richard Levine presented and gave rebuttals on behalf of ATA. ATA shared their remaining time with Public Services Administrator Alex Mendoza and Forensics Administrator Lisa Jackson Robinson. The hearing was open to public comment and member of the public Jerry Rubin spoke on the recommended action. Public comment was closed and questions asked and answered of both parties included but was not limited to: whether the fact finding included a difference in service or performance for certain positions held by people with and without bachelor’s degrees; how many vacant positions have been difficult to fill; why some Departments offer education bonuses, whether there has been a staffing shortage since these changes were first proposed in 2016; the number of applications the City typically received before and after the pandemic; whether subject matter experts determined that it was not necessary that individuals possess college degrees to perform the jobs in question; and clarification on the number of years of experience both parties are proposing. Discussion ensued on topics including but not limited to: equity issues if different compensation is created for staff with and without degrees; the City’s current staffing shortage and urgency to gather a large pool of qualified applicants; eliminating non-essential degree requirements or other barriers for applicants and current staff; and workforce development. Motion by Councilmember Torosis, seconded by Councilmember Zwick, to adopt the staff recommendation. Councilmember de la Torre proposed a friendly amendment to require four years of additional experience instead of two years as an alternative to a bachelor’s degree. The amendment was not friendly to the maker and seconder. The main motion was approved by the following roll call vote: AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: Councilmember Parra ABSENT: None PUBLIC INPUT ON REMAINING AGENDA ITEMS: No members of the public signed up to comment on the remaining agenda items. DocuSign Envelope ID: FA96FD81-F62B-48AC-B3A9-FCEA3B61AA76 3 May 24, 2023 CONTINUED ITEMS: SUSTAINABILITY, ENVIRONMENTAL JUSTICE & THE ENVIRONMENT 8.A. Appointment to one unscheduled vacancy on the Commission on Sustainability, Environmental Justice and the Environment for the term ending on June 30, 2024, was presented. (Continued from May 9, 2023.) On order of the Mayor, the floor was opened for nominations. Councilmember Brock nominated Mark A. Gold. Councilmember Zwick nominated Gerda Newbold. Mark A. Gold was appointed by the following roll call vote: Gold: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete Newbold: Councilmembers Zwick, Torosis, Mayor Davis Councilmembers Zwick and Torosis, and Mayor Davis changed their votes to Gold, thereby appointing Mark A. Gold unanimously to the Commission on Sustainability, Environmental Justice and the Environment, with all members present. HUMAN SERVICES COMMISSION 8.B. Appointment to one open seat on the Human Services Commission for the term ending in June 30, 2025, was presented. (Continued from May 9, 2023.) On order of the Mayor, the floor was opened for nominations. Councilmember Brock nominated David T. Pisarra. Councilmember Torosis nominated Luis B. Castanon. David T. Pisarra was appointed by the following roll call vote: Pisarra: Councilmembers de la Torre, Brock, Parra, Mayor Pro Tem Negrete, Mayor Davis Castanon: Councilmembers Torosis, Zwick DISABILITIES COMMISSION 8.C. Appointment to two unscheduled vacancies on the Disabilities Commission for terms ending on June 30, 2025, was presented. (Continued from May 9, 2023.) On order of the Mayor, the floor was opened for nominations. Debra Senopole was appointed unanimously by acclamation. DocuSign Envelope ID: FA96FD81-F62B-48AC-B3A9-FCEA3B61AA76 4 May 24, 2023 Staff was directed to continue to advertise the second vacancy. TRANSIENT OCCUPANCY TAX (TOT) ADVISORY COMMITTEE 8.D. Appointments to Five Seats on the Newly Created Transient Occupancy Tax Advisory Committee for Five Partial-Terms Ending on 6/30/2025, was presented. (Continued from May 9, 2023.) Staff read a correction that applicants Danielle Goller and Sam Jagger are applying for the two seats for representatives of a local hospitality and not for the one seat for a representative of the homeless behavioral health services community as incorrectly indicated on their applications. On order of the Mayor, the floor was opened for nominations. Danielle Goller and Sam Jagger were appointed unanimously by acclamation. Mayor Pro Tem Negrete nominated Albin Gielicz for one of the two seats for residents. Councilmember Zwick nominated Natalya Zernitskaya for one the seats for residents. Councilmember Brock nominated Rosemary Regalbuto for one of the seats for residents. Albin Gielicz and Natalya Zernitskaya were appointed by the following roll call vote: Gielicz and Zernitskaya: Councilmembers Torosis, Zwick, Mayor Pro Tem Negrete, Mayor Davis Gielicz and Regalbuto: Councilmembers de la Torre, Brock, Parra Staff was directed to continue to advertise the vacancy for the remaining seat for a representative of the homeless behavioral health services community. ORDINANCES: CATALYTIC CONVERTERS 10.A. Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Section 4.08.830 to Prohibit Unlawful Possession of Catalytic Converters, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding that the proposed ordinance is not a project for purposes of the California Environmental Quality Act (“CEQA”), or, if considered a project, it is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. DocuSign Envelope ID: FA96FD81-F62B-48AC-B3A9-FCEA3B61AA76 5 May 24, 2023 2. Introduce for first reading an ordinance adding Section 4.08.830 to the Santa Monica Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters within the City of Santa Monica. Questions asked and answered of staff included but was not limited to: whether someone in possession of a converter detached from a vehicle can currently be charged if a victim cannot be identified; other laws comparable to the proposed ordinance involving possession of an item that is generally legal to possess; exemptions for people such as mechanics or transporters with legitimate reasons for being in possession of converters; types of documentation that can be provided as proof of ownership or being in legal possession of a converter; etching converters to help prevent theft and sales of stolen converters; whether converters can be reinstalled back onto vehicles; why the fine is $500 which is typically less than the cost of repairs, increasing insurance rates and/or replacing a vehicle; which model and year of cars are typically targeted; and the City of Los Angeles’ ordinance and how it differs from the proposed ordinance. Motion by Councilmember Torosis seconded by Councilmember Brock, to approve the staff recommendation and introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved unanimously by the following roll call vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 8:35 p.m. ATTEST: APPROVED: Maria Dacanay-Wisner Gleam Davis Acting Clerk Mayor DocuSign Envelope ID: FA96FD81-F62B-48AC-B3A9-FCEA3B61AA76