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m20230613 1 June 13, 2023 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 13, 2023 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, June 13, 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 Christine Parra Councilmember Caroline Torosis (arrived at 5:47 p.m.) Councilmember Jesse Zwick (arrived at 5:34 p.m.) Absent: Councilmember Oscar de la Torre 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 5:32 p.m., with all members present except Councilmembers Zwick, Torosis and de la Torre. Councilmember Parra led the assemblage in the Pledge of Allegiance. GENERAL PUBLIC INPUT: Councilmember Zwick arrived at 5:34 p.m. Councilmember Torosis arrived at 5:47 p.m. Members of the public John Berry, Michelle Heath, William Coian, Keith Brown, Luis Tabares, Dr. Anna Rogers, Chris Rink, Steve Lavell, Denise Barton, John Medlin, Catherine MacLeod, Brian MacLeod, Glenn Furuya, Josh Levy, Madi Hertz, Lorraine Foxworth, Johnathan Foster, Jerry Rubin, Janet McLaughlin, Lucky Basseri, Donnie Longino, Pascual Alamillo, John Alle, Glen Jendrycki, Michael Vechell, Hunter Hall, Jon Farzam, Troy Dalmasso, Stephen Shaw, Zoe Muntaner, and Kathy Knight commented on various local issues. PUBLIC INPUT FOR CLOSED SESSION, SPECIAL AGENDA ITEMS AND CONSENT CALENDAR ONLY: There were no members of the public present to comment on closed session items. There were no members of the public present to comment on special agenda items. Member of the public present John Alle to comment on consent calendar items. AGENDA MANAGEMENT Motion by Mayor Davis, seconded by Councilmember Brock, to continue Items 8.A. and 16.A. to the June 27th meeting, and to hear items 11.A., DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 2 June 13, 2023 12.A. and 12.B. before the Study Session, Item 7.A. The motion was unanimously approved by voice vote, by all members, with Councilmember de la Torre absent. PROCLAMATIONS/ COMMENDATIONS 4.A. Commendation: Santa Monica Tennis Collective 14u Team, was presented. 4.B. Proclamation: Gun Violence Awareness Month, was presented. 4.C. 2023 Juneteenth Proclamation, was presented. CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:53 p.m., to consider closed sessions and returned at 7:47 p.m., with all members present, to report the following: 3.A. Conference with Labor Negotiator: Government Code Section 54957.6—Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Unit: AFSCME Local 4819, Management Team Association The City Attorney advised this matter was heard with no reportable action taken. 3.B. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Jennifer Howard; Amanda Pawlowski v. City of Santa Monica, et al.; LASC Case No. 21STCV42208 [report out only] The City Attorney reported Council approved Settlement Agreement No. 11407 (CCS) in the amount of $775,000 for Howard, and Settlement Agreement No. 11416 (CCS) in the amount of $425,000 for Pawlowski at the April 25, 2023 meeting with 6-0 vote, with Mayor Pro Tem Negrete absent. 3.C. Public Employee - Gov. Code Section 54957(b): Performance evaluation of a public employee; Title: City Attorney; Conference with Labor Negotiator - Gov. Code Section 54957.6: City Negotiator: Mayor; Unrepresented Employee: City Attorney. This item was pulled at the request of staff and not heard. SPECIAL AGENDA ITEMS: 4.D. City Manager's Report, was presented. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 3 June 13, 2023 CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. At the request of Councilmember Torosis, Item 5.H. was removed from the Consent Calendar. At the request of Councilmember Brock, Item 5.L. was removed from the Consent Calendar. Motion by Mayor Pro Tem Negrete, seconded Councilmember Torosis, to approve the Consent Calendar except for Items 5.H. and 5.L., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre WATER & WASTEWATER DEPARTMENT SUPPLIES 5.A Award Bid #4450 to Ferguson Waterworks as Primary and Core & Main as Secondary to Furnish & Deliver Water & Wastewater Department Supplies, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines. 2. Award Bid #4450 to Ferguson Waterworks as the primary vendor for the purchase of water and wastewater supplies and Core & Main as the secondary vendor for the purchase of water and wastewater supplies. 3. Authorize the Procurement Manager to issue a purchase order with Ferguson Waterworks in an amount not to exceed $410,000 for year one, with four additional one-year renewal options at approximately 10% escalator each year, for a total amount not to exceed $2,600,000 over five years, with future year funding contingent on Council budget approval. 4. Authorize the Procurement Manager to issue a purchase order with Core & Main in an amount not to exceed $100,000 for one year, with four additional one-year renewal options at a 10% increase each year, for a total amount not to exceed $610,000.00 over five years, with future year funding contingent on Council budget approval. DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 4 June 13, 2023 STREET LIGHT REPAIR & ELECTRICAL CONSTRUCTION 5.B. Award Bid for Street Light Electrical Repair Services and Urgent Electrical Construction, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines. 2. Award Bid #2685-4 to International Line Builders, Inc. as the primary contractor, Bear Electrical Solutions, Inc. as the secondary contractor, and Yunex LLC as tertiary contractor for citywide as- needed streetlight electrical repair services and urgent electrical construction as required by the Public Works Department. 3. Authorize the City Manager to negotiate and execute Agreement No. 11408 (CCS) with International Line Builders, Inc., in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval. 4. Authorize the City Manager to negotiate and execute Agreement No. 11409 (CCS) with Bear Electrical Solutions, Inc., in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval. 5. Authorize the City Manager to negotiate and execute Agreement 11410 (CCS) with Yunex LLC in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval. COMMUNICATION SYSTEMS & RADIO EQUIPMENT MAINTENANCE & SUPPORT 5.C. Approval of First Modification to Agreement No. 10788 (CCS) with Motorola Solutions, Inc. for Maintenance and Support of Communications System and Radio Equipment, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines; 2. Authorize the City Manager to negotiate and execute a first modification for a Maintenance and Support Agreement #10788 in the amount of $4,788,523 with Motorola Solutions, Inc., an Illinois- based company, for maintenance of the interoperable public safety trunked radio communications system and radio equipment and authority to purchase new equipment as needed by various DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 5 June 13, 2023 departments. This will result in a 10-year amended agreement with a new total amount not to exceed $5,874,523, with future year funding contingent on Council budget approval. SOFTWARE-AS-A- SERVICE & RELATED LICENSES 5.D. Approval to Amend Agreement with Kronos, Inc. for Software- As-A-Service (SaaS) and Related Licenses, was approved. 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. Authorize the City Manager to combine existing Sales Agreement and Software License Agreement #8417 (CCS) and Software Maintenance and Support Agreement #8434 (CCS) into Agreement No. 11411 (CCS) for 5 years that would result in a 23-year amended agreement with Kronos Inc. (Kronos), for Software as a Service (SaaS) and related licenses. This will result in a new grand total amount not to exceed $3,425,461 (including 5% in contingency) with future year funding contingent on Council budget approval. BUS TRANSPORTATION SERVICES 5.E. Award Bid 4453 to Star-Dust Tours, Inc. to Provide Bus Transportation Services, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Award Bid #4453 to Star-Dust Tours, Inc. for bus transportation services for the Community Services Department; 3. Authorize the City Manager to negotiate and execute Agreement No. 11412 (CCS) with Star-Dust Tours, Inc., in an amount not to exceed $81,600 for one year, with four additional one-year renewal options, in the amount of $81,600, to extend on the same terms and conditions for a total amount not to exceed $408,000 over a five year period, with future year funding contingent on Council budget approval. SANTA MONICA TOURISM MARKETING DISTRICT 5.F. Approval of the Santa Monica Tourism Marketing District Fiscal Year 2023-24 Budget and Work Plan, was approved. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 6 June 13, 2023 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; and 2. Approve the Santa Monica Tourism Marketing District Fiscal Year 2023-24 Budget and Work Plan. HOUSING ELEMENT 5.G. Approval of Fourth Modification to Professional Services Agreement with HR&A Advisors Inc. for 6th Cycle (2021-2029) Housing Element Implementation, was approved. Recommended Action Staff recommends that the City Council take the following actions: 1. Make a determination that the proposed modification of the HR&A Advisors Inc. contract for fiscal analysis is statutorily exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines. 2. Authorize the City Manager to negotiate and execute a fourth modification to Agreement No. 108300 (formerly #10830) in the amount of $40,000 and extend the term for one additional year, with HR&A Advisors Inc.(“HR&A”) to prepare fiscal analysis for implementation of the City’s certified 6th Cycle (2021-2029) Housing Element. This will result in a five-year amended agreement with a new total amount not to exceed $494,900, with future year funding contingent on Council budget approval. FISCAL AGENT, DISBURSEMENT & REVOCABLE LICENSE AGREEMENT 5.I Approval of agreements with Main Street BID regarding: Fiscal Agent, Disbursement and Revocable License, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to: 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. Negotiate and execute the following agreements with the Main Street Business Improvement Association (MSBIA) for a term of five (5) years with two five-year renewal options that renew on the same terms and conditions: a. New Fiscal Agent Agreement No. 11413 (CCS) to manage and administer the business-based assessment fees and any other revenue collected for the promotion and marketing of the Main Street Business Improvement Area; and b. New Revocable License Agreement No. 11414 (CCS) which grants MSBIA a license to operate and maintain the decorative lights in the public right-of-way between Pico Boulevard and the southern City boundary, just south of Marine Street DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 7 June 13, 2023 c. New Disbursement Agreement No. 11415 (CCS) to administer the property-based assessments collected and use these funds in the Main Street Commercial District for the decorative lighting and sidewalk cleaning, in accordance with Resolution 10325 (CCS). UNLAWFUL CATALYTIC CONVERTER POSESSION 5.J. Second Reading and Adoption of Ordinance No. 2751 (CCS) entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.830 AND ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS WITHIN THE CITY OF SANTA MONICA”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached Ordinance. MICROFLEX DISPOSABLE GLOVES 5.K. Award Bid #4445 to Bound Tree Medical for purchase and delivery of Microflex Disposable gloves, was pulled at the request of staff and not heard. Recommended Action Staff recommends that the City Council: 1. Award Bid #4445 to Bound Tree Medical, an Ohio-based company, for the purchase and delivery of Microflex disposable gloves to be used by staff citywide; 2. Authorize the Procurement Manager to issue annual purchase orders to Bound Tree Medical, for the purchase and delivery of Microflex disposable gloves for a total amount not to exceed $720,000 over a five-year period, with future funding contingent on Council budget approval; and, 3. 3. 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. PIER CORPORATION 5.H. Approval of the Pier Corp FY 2023-24 Budget and Work Plan, 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. Approve the Santa Monica Pier Corporation Fiscal Year 2023-24 Budget and Work Plan; DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 8 June 13, 2023 3. Authorize the City Manager to execute a fourth modification to Agreement No. 10101 (CCS) with the Santa Monica Pier Corporation to extend the term through June 30, 2024. This item was pulled by Councilmember Torosis to ask questions of staff, including, what steps are the Pier taking to increase revenue, is the Pier planning to partner with the City Manager to create strategic partnerships, and are there any plans to bring back filming on the Pier. Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to improve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre PARKING STRUCTURE SECURITY 5.L. Approval of First Modification of Agreement No. 4982 (CCS) with Good Guard Security Inc. for Parking Structure Security Services, was presented. Recommended Action Staff recommends that the City Council 1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to negotiate and execute a first modification to Agreement #4982 (CCS) in the amount of $2,200,000 with Good Guard Security, Inc. to provide overnight security services in parking facilities and adjacent areas. This will result in a five and a half year amended agreement with a new total amount not to exceed $2,400,000, with future year funding contingent on Council budget approval. This item was pulled by Councilmember Brock to ask questions of staff including, how is this security company in comparison to previous security company, and how are things going; is the number of guards currently enough, and how many would it take to be at its best; have we improved from the previous past two years; is the contract adequate or does it need to be retooled to the original estimate of six guards; and, what would be the cost for the additional two guards. Motion by Councilmember Brock, seconded by Councilmember Zwick, to approve the recommended action. The motion was approved by the following vote: DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 9 June 13, 2023 AYES: Councilmembers Zwick, Parra, Brock, Torosis, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre PUBLIC INPUT ON REMAINING AGENDA ITEMS: Member of the public Howard Keum commented Item 7.A. There were no members of the public present to commented Item 11.A. Members of the public Megan Oddsen and Lauren Akmaeva commented 16.B. Members of the public Zoe Muntaner , Nathanael Buckley, Caro Vilain, Kent Strumpell, and Eli Gill commented 16.D. CONTINUED ITEMS: HUMAN SERVICES COMMISSION 8.A. Appointment to one open seat on the Human Services Commission for the term ending in June 30, 2025. (Continued from May 24, 2023.), was continued to the June 27th meeting. STAFF ADMINISTRATIVE ITEMS: PIER BRIDGE REPLACEMENT ENVIRONMENTAL IMPACT REPORT 11.A. Certification of Recirculated Final Environmental Impact Report/Environmental Assessment for the Pier Bridge Replacement Project and Authorization to Proceed with Final Design and Bidding Documents, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt Resolution No. 11529 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE RECIRCULATED FINAL ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SANTA MONICA PIER BRIDGE REPLACEMENT PROJECT” (Attachment B) and adopting the Mitigation Monitoring and Reporting Program for the Pier Bridge Replacement Project (Attachment C). 2. Approve the preferred alternative bridge design (Alternative 2) described in the Recirculated Final EIR/EA and authorize staff to proceed with the final design and development of bidding documents for construction of the Pier Bridge Replacement Project as recommended in the Recirculated Final EIR/EA and as described in this report. Questions asked and answered of staff included: why were alternatives with elevators removed; how do the two alternatives presented meet the ADA requirement; wouldn’t parking on the south side require more foot traffic, DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 10 June 13, 2023 and was there a study done to see where people are coming from when they’re going to the Pier; would other designs have met the Federal requirement for funding; is the federal funding attached to a specific number of parking spaces, or can the bridge be used for just deliveries and emergency vehicles; are there guard rails between the cars and sidewalk; why the delay in going out for the build; are we prepared for in case the bridge is not built in time for the 2028 Olympics; is there nothing else that can be done to create more ADA access other than proposing an elevator; are the ramps being adjusted in order to provide easier access to the south beach; will bikes, skateboards and other modes of transportation share the same side as the sidewalks; is the 5 inch rise high enough to keep a car from stopping accelerating; is there any federal requirement on how much the parking deck has to be opened; how many parking spaces are on the pier now; can this really be done in 2027; what damage did the bridge sustain during past storms and earthquakes, and has it become more damaged over time; is there reserve money available if we need to pay for hours to get the project completed before the 2027 deadline; what will happen with the bridge sign during the construction; could we think about installing more protective signage and barricades to be used during times when there are no cars allowed on the Pier; and, when the work is completed, is there any plan to look at the traffic circulation plan. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre PUBLIC HEARINGS: WATER SHORTAGE ASSESSMENT 12.A. Public Hearing and Adoption Resolution No. 11530 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 2023 ANNUAL WATER SHORTAGE ASSESSMENT REPORT”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines. 2. Hold a public hearing and receive public comment for the 2023 Annual Water Shortage Assessment Report for the Public Works Department, Water Resources Division. 3. Approve attached resolution adopting the 2023 Annual Water Shortage Assessment Report. DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 11 June 13, 2023 Member of the public Denise Barton, spoke to the recommended action. Questions asked and answered of staff included: are we importing more water from Metropolitan Water District than we are harvesting locally; how much of the imported water allocation are we using; when all of the new housing is online, how is that going to affect our water self-sufficiency, and will that increase our utility rates. Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre SOLID WASTE RATE 12.B. Public Hearing and Adoption Resolution No. 11531 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MOINCA, CALIFORNIA, REVISING SOLID WASTE RATES”, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing. 2. Receive public comment pursuant to Proposition 218 requirements. 3. Consider all protests against the proposed solid waste rate increases that have been submitted in accordance with Proposition 218. 4. Adopt findings of Statutory Exemption pursuant to Public Resources Code 20180(b)(8) and Categorical Exemption pursuant to Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 5. Adopt the attached resolution establishing a five-year schedule of solid waste rates effective August 1, 2023, for FY 2023-24 and July 1 every year thereafter through July 1, 2027, for FY 2027-28 Member of the public Denise Barton, spoke to the recommended action. Questions asked and answered of staff included, is there any difference between what a smaller unit is being charged versus a larger property with more units, and why can’t individual units get their own trash cans and be billed separately from their landlord. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 12 June 13, 2023 following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre STUDY SESSION: ADULT-USE CANNABIS 7.A. Adult-Use Cannabis Study Session, was presented. Recommended Action Staff recommends that the City Council: 1. Receive the presentation on key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Monica; 2. Discuss options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and 3. Provide direction to staff on whether to bring back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City. Questions asked and answered of staff included: any recommendations or advice on how to set up an equity program; recommendations around a RFP, lottery or other competitive selection process to avoid liability; how successful has Costa Mesa’s process worked with no cap; are all workers in the state unionized; can the city require that the labor peace agreement have so many diverse hires, and can they require a labor agreement with certain pay; what are some unique concerns with onsite consumption locations; why is the area across from John Adams Middle School showing an area where a business could exist; can there be a two-step process to allow the two medical dispensaries to convert to adult-use for the short-term while we’re deciding this process; is there a way to avoid a concentration of businesses, instead of using the buffers; can a outlet be retail and non-retail, maybe a storefront that delivers; is there a way to regulate delivery from out of jurisdiction businesses; and, licensing transfers, could that be regulated. Considerable discussion ensued on topics including, but not limited to: would we be open to allowing the two medical businesses in the city transfer over to becoming adult-cannabis retailers; not in favor of a cap; should permit adult-use including delivery; outside deliveries should have to get a license to deliver in Santa Monica; no cap requirement, but limit the amount of businesses within a certain block or radius; use the state’s buffer requirements instead of our more restrictive zoning requirements; yes to social equity; supportive of retail in order to fill up storefronts; in favor of consumption lounges; should we allow and expedite the existing businesses to convert to recreational licenses, with the delivery option; DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 13 June 13, 2023 hesitant to set a limit on the amount of businesses; don’t want saturation of these businesses in one specific neighborhood; do not want any discretionary processes; do an equity study; in support of social equity, including help with permits, grants, loans, business plans, mentorships, etc.; for now allow medicinal businesses to convert over to adult-cannabis businesses; lottery system is fraught, would need to add some layers of equity for fairness; pro-retail and non-retail uses; don’t over-regulate, set buffer zones set by the state. Initial Questions: 1. Confirming Adult-Use as Permitted Land Use - Yes 2. Retail and non-retail uses – Both, with regulations on consumption lounges, microbusinesses, and definite delivery options. 3. Number of Retailers – staff come back with proposals with specific limitations, set minimums in order to get a license 4. Existing Businesses – allow the existing medicinal outlets to convert over to recreational, and allow delivery 5. Allowable locations 6. Buffer requirements – go with the state’s buffer zones or the city’s maximum distance between outlets Future Key Decisions - Social equity - Selection Process COUNCILMEMBER DISCUSSION ITEMS: LIBRARY BOARD 16.A. Appointment to one unscheduled vacancy on the Library Board for a term ending on June 30, 2025, was continued to the June 27th meeting. GUN SALE RESTRICTION & RESPONSIBILITY 16.B. Request of Councilmembers Torosis, Councilmember Zwick, and Mayor Davis that the Council direct the City Manager and the City Attorney to, within 60 days, draft an ordinance for council adoption to restrict the sale of guns in Santa Monica and propose additional gun owner responsibilities. This ordinance should be based on best practices from other jurisdictions, stakeholder engagement, and consultation with subject matter experts, was presented. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was unanimously approved by voice vote by all members present, with Councilmember de la Torre absent. TREE CANOPY, PRIVATE TREE ORDINANCE, & DEVELOPMENT IMPACT FEES 16.C. Councilmembers Brock and de la Torre request that the City Manager evaluate various commercial development impact fees and best practices in American cities for tree replacement that can be implemented. In addition, a timeline for further discussion of the private tree ordinance will be established, and best efforts will be made DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 14 June 13, 2023 to increase the public tree canopy in Santa Monica, was presented. Motion by Councilmember Brock, seconded by Councilmember Parra, to amend the recommendation to request staff to evaluate potential sources of revenue which might include an in-lieu fee for the removal of private trees. To allow us to further enact and take into account the fact that the community would very much like to have a private tree ordinance. The motion was unanimously approved by voice vote by all members present, with Councilmember de la Torre absent. 17TH STREET BIKE PATH 16.D. Request of Councilmembers Brock and de la Torre that the City Council direct the City Manager to provide an update via an Information Item to be published on the City’s website regarding bicycle and pedestrian improvements installed on 17th Street from Pico to Wilshire, known as the “Safe Streets for 17th Street and Michigan Avenue” project, upon completion of the project. In the Information Item, the City Manager is asked to provide an overview of the project, total costs, funding sources, intended outcomes, lessons learned, and adjustments made. As part of the Information Item, the City Manager is also being asked to consider the costs, impacts, trade- offs, and possible funding sources associated with modifying the design of the intersection at Broadway and 17th (i.e., adjusting the configuration of the corner islands) that will enhance vehicular movements while not compromising bicycle and pedestrian safety, was pulled by the requestor. PUBLIC SERVICES OFFICERS 16.E. Request of Councilmembers Brock and de la Torre that the City Council ask the City Manager to estimate the costs of four Public Services Officers for the City Council to consider at the June 27, 2023, City Council meeting. The City Council should enact additional budgetary measures to address Clean and Safe Initiatives, which include safety and security downtown, was presented. After receiving the cost from the City Manager, Councilmember Brock withdrew his request. SWIM LESSONS 16.F. Request of Councilmembers Brock and de la Torre that the City Council direct the City Manager to develop an estimate of resources needed to provide financial assistance to eligible families and/or partner with community non-profits to provide free and/or reduced-cost swim lessons at Santa Monica Aquatics facilities to ensure that elementary school-age children have access to learn how to swim. Motion by Councilmember Brock, seconded by Councilmember Zwick, to approve the recommendation. DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3 15 June 13, 2023 Councilmember Brock amended his motion to give direction to the City Manager to evaluate our current outreach about our swim programs and assess if there are any additional ways, without additional cost, to make them more known in the community. The amendment was considered friendly to the seconder. The motion was unanimously approved by voice vote by all members present, with Councilmember de la Torre absent. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:23 a.m. in memory of June Stephen. ATTEST: APPROVED: Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3