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m20231024 1 October 24, 2023 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 24, 2023 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:31 p.m., on Tuesday, October 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 (arrived at 5:42 p.m.) Councilmember Jesse Zwick 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 5:31 p.m., with all members present except Councilmember Torosis. Councilmember Zwick led the assemblage in the Pledge of Allegiance. GENERAL PUBLIC INPUT: Councilmember Torosis arrived at 5:42 p.m. Members of the public Denise Barton, Linda, Rhea DeVlugt, Anthony, Sara Lee, Sherwin Shamoeil, Johnathan, Harvey Edder, Jerry Rubin, and Howard Keum 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, Special Agenda Items or Consent Calendar Items. AGENDA MANAGEMENT Motion by Mayor Davis, seconded by Councilmember Torosis, to move Items 11.A., 8.A., 8.B., 8.C., 8.D., and 10.A. up to be heard after Item 6 (Public Input), The motion was unanimously approved by voice vote, with all members present. Motion by Mayor Davis, seconded by Councilmember Torosis, to continue Item 8.E. Disability Commission appointment to a future meeting, due to there being no applications. The motion was unanimously approved by voice vote, with all members present. PROCLAMATIONS/ COMMENDATIONS/ 3.A. League of California Cities Presentation: Helen Putnam Award for Excellence, was presented. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 2 October 24, 2023 SPECIAL AGENDA ITEMS 3.B. Proclamation: Native American Heritage Month, was presented. 3.C. City Manager Report, was presented. CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:12 p.m., to consider closed sessions and returned at 7:31 p.m., with all members present, to report the following: 4.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1431 Second Street, Santa Monica, California (Parking Structure 6) (APN 4291-016- 902); City Negotiators: Jennifer Taylor, Economic Development Manager, and David Martin, Community Development Director; Owner of Record: City of Santa Monica; Persons to be negotiated with: Gerry Cottle, Founder, Rooftop Cinema Club; Under negotiation: Price and Terms of Lease The City Attorney advised this matter was heard with no reportable action taken. 4.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Supervisory Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1608-M [report out only] The City Attorney advised the Council approved Settlement Agreement No. 11490 (CCS) at the 9/26/23 meeting, with a 7-0 vote, including payment of $3,000 to each STA member. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. At the request of staff, Item 5.D. was removed from the Consent Calendar to read a correction into the record. Motion by Councilmember Torosis, seconded by Councilmember de la Torre, to approve the Consent Calendar except for Item 5.D, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 3 October 24, 2023 AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ANTENNA SITE LEASE FOR BBB 5.A. Approval of Second Modification of Big Blue Bus (BBB) Lease Contract with Bear Communications, Inc. for Hollywood Hills Radio Site, 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 negotiate and execute a second modification of Agreement No. 10857 (CCS) in the amount of $126,000 with Bear Communications, Inc., a California corporation, for the extension of an antenna site lease for the Santa Monica Department of Transportation (SMDOT). This will result in a 23-year amended agreement with a new total amount not to exceed $633,000, with future year funding contingent on Council budget approval. MILITARY EQUIPMENT 5.B. Approval to add Da-Jiang Innovations Mavic 3 Enterprise and Da-Jiang Innovations Avata UAV to the City’s List of Military Equipment, was approved. Recommended Action Staff recommends: 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. Approval of adding a Da-Jiang Innovations (“DJI”) Mavic 3 Enterprise Uncrewed Aerial Vehicle (“UAV”), herein referred to as DJI Mavic 3, and a DJI Avata UAV, herein referred to as DJI Avata, to the City’s current inventory of existing UAV’s. PUBLIC WORKS SOFTWARE 5.C. Award Agreement No. 11491 (CCS) to Procore Technologies, Inc. for Construction Management Software, was approved. Recommended Action Staff recommends the 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. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 4 October 24, 2023 2. Authorize the City Manager to negotiate and execute Agreement No. 11491 (CCS) with Procore Technologies, Inc. for Construction Management software to manage the Public Works Department Capital Improvement Program construction projects. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code (SMMC) Sections 2.24.250(b) and is for a total amount not to exceed $300,000 over three years with two, one- year renewal options with future year funding contingent on council budget approval. GRANT PROGRAM FOR ORGANIZED RETAIL THEFT PREVENTION 5.E. Authorization to Accept Grant from the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program, 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. Adopt attached Resolution 11553 (CCS) authorizing the acceptance of a grant awarded in the amount of $6,125,000 from the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program in the Police Department. 3. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals. 4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. WATER & WASTEWATER FACILITIES SERVICES 5.F. Approval of Third Modification of Contract No. 10880 (CCS) with Grace Environmental for Instrumentation Services for Water and Wastewater Facilities, was approved. 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 third modification to Agreement No. 10880 (CCS) in the amount of $380,000 with Grace Environmental for instrumentation services for the Public Works Department. This would remain a five-year agreement with a new total amount not to exceed $1,005,000, with future year funding contingent on Council budget approval. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 5 October 24, 2023 HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) 5.G. Adoption of Resolution No. 11554 (CCS) approving Historic Property Preservation Agreement No. 11495 (CCS) (Mills Act Contract), was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemptions pursuant to Sections 15308 and 15331 of the California Environmental Quality Act (CEQA) Guidelines. 2. Adopt attached Resolution No. 11554 (CCS) authorizing the City Manager to execute Historic Property Preservation Agreement No. 11495 (CCS) (Mills Act Contract) between the City of Santa Monica and the owners of City-designated historic resources located at 3014 4th Street. WATER TREATMENT PLANT SUPPLIES 5.H. Award Purchase Order with Brenntag Pacific, Inc. to Furnish and Deliver Liquid Hydrofluorosilicic Acid, 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 #4464 to Brenntag Pacific, Inc. for the purchase of liquid hydrofluorosilicic acid for the Public Works Department. 3. Authorize the Procurement Manager to issue a purchase order with Brenntag Pacific, Inc. for liquid hydrofluorosilicic acid for a total amount not to exceed $350,000 over a five-year period, with future year funding contingent on Council budget approval. URBAN AREA SECURITY INITIATIVE 2020 GRANT 5.I. Approval of Urban Area Security Initiative 2020 Additional Grant Acceptance and Approve Third Contract Modification with Advanced Problem Solving, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept an additional award in the amount of $62,000 from the 2021 Urban Area Security Initiative (UASI) for homeland security projects in the Fire Department, and to approve all associated grant renewals. 2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals. 3. Authorize the City Manager to negotiate and execute a third modification to Contractual Services Agreement No. 10967 DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 6 October 24, 2023 (CCS), in an amount not to exceed $62,000 with Advanced Problem Solving, LLC, (“APS”) for video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) for the Fire Department on the same terms and conditions. This will result in a five-year amended agreement with a new total contract amount not to exceed $4,932,000, with future year funding contingent on council budget approval. 4. Adopt a finding of categorical exemption pursuant to Section 15322 of the California Environmental Quality Act (CEQA) Guidelines. 5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. INVESTMENT AUTHORITY DELEGATE 5.J. Adoption of Resolution No. 11555 (CCS) Updating the List of Persons Authorized to Conduct Transactions With the State Local Agency Investment Fund (LAIF), was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt attached Resolution No. 11555 (CCS) updating the positions/persons authorized to conduct transactions with the State Local Agency Investment Fund (LAIF) on behalf of the City; and 2. 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. EXECUTIVE PAY PLAN 5.K. Adoption of Resolution No. 11556 (CCS) Revising Executive Pay Plan (EPP) to Provide for Relocation Allowance Benefit, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt attached Resolution No. 11556 (CCS) authorizing the City Manager to revise the Executive Pay Plan (EPP) to provide for a relocation allowance benefit. 2. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines. MINUTES 5.L. Minutes of City Council - Regular Meeting - Jul 25, 2023 5:30 PM, were approved. GRANT FUNDS FOR WELL REPLACEMENT 5.D. Adoption of Resolution No. 11552 (CCS) Authorizing the Application for Grant Funds from the The U.S. Department of DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 7 October 24, 2023 Interior - Bureau of Reclamation FY 2024 WaterSMART Drought Response Program for the Santa Monica Groundwater Well SM-4 Replacement Project, was adopted, as amended and approved. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15302 (Class 2 – Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. 2. Adopt attached Resolution No. 11552 (CCS) authorizing the application for grant funds in the amount of up to $2,375,000 from the U.S. Department of Interior - Bureau of Reclamation for the SM-4 Groundwater Well Replacement Project in the Public Works Department. 3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded. This item was pulled by staff to read a correction into the record. Staff stated on page 1 of 2 in the resolution, the third paragraph, the city is increasing the requested loan amount from $2.37 million to an amount up to $2.5 million to provide greater flexibility to apply for the full amount. Questions asked of staff included, is this mostly underwater versus capturing water activities and, is this proforma that this is required to have some sort of resolution of the Council in order to apply for this. Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None PUBLIC INPUT ON REMAINING AGENDA ITEMS: Member of the public Denise Barton commented on Item 11.A. Member of the public Denise Barton commented on Item 16.A. Members of the public Natalia Guerra, Mariana Moreno-Morales, Jon Moeller, and Jason Aiello commented on Item 16.C. Members of the public Alex, Hannah, Meisha, and Bernie Sax commented on Item 16.D. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 8 October 24, 2023 STAFF ADMINISTRATIVE ITEMS: FY 2022-23 YEAR-END BUDGET REVIEW 11.A. Fiscal Year 2022-23 Year-End Budget Review, was presented. Recommended Action Staff recommends that the City Council: 1. Approve changes to the FY 2022-23 Revised Budget, as described in this report; 2. Approve changes to the FY 2023-24 Revised Budget and FY 2024-25 Approved Budget, as described in this report; 3. Adopt Resolution No. 11557 (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: ADA COORDINATOR, ASSISTANT DIRECTOR OF TRANSPORTATION, BEACH RECREATION LEADER, BENEFITS ADMINISTRATOR, CLIENT SERVICES TECHNICIAN, COMMUNITY & CULTURAL SERVICES LEADER, CUSTODIAN II, DEPUTY DIRECTOR – SPECIAL PROJECTS, DIRECTOR OF TRANSPORTATION, FISCAL SUPPORT ASSISTANT, LEAD LIBRARY SERVICES OFFICER, LIBRARY SERVICES OFFICER SUPERVISOR, MAINTENANCE ASSISTANT, POOL LIFEGUARD, AND TRAFFIC CONTROL OFFICER” (Attachment A); 4. Adopt Resolution No. 11558 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS FOR LEGAL ADMINISTRATIVE SERVICES OFFICER, SENIOR LEGAL ANALYST-CAO, SENIOR LEGAL ASSISTANT, SENIOR LEGAL INVESTIGATOR-CAO, AND SENIOR PARALEGAL AND ADOPTING SALARY RATES FOR SUCH CLASSIFICATIONS in the City Attorney’s Office (Attachment B); 5. Approve the position and classification changes (Attachment C); 6. Adopt Resolution No. 11559 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH AND REVISE CERTAIN PERMIT AND USER FEES AND CHARGES IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND DEPARTMENT OF TRANSPORTATION” (Attachment D); and 7. Authorize the City Manager to accept a grant award in the amount of $90,000 from the California Library Literacy Services DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 9 October 24, 2023 (CLLS) for implementation of English as a Second Language Services (ESL) and to execute all necessary documents to accept the grant and all grant renewals; 8. Authorize the City Manager to accept a grant award in the amount of $514,145 from the U.S. Department of Justice under the 2023 Bureau of Justice Assistance FY 2023 Justice and Mental Health Collaboration Program to support the Services, Treatment & Empowerment Program (STEP), and to execute all necessary documents to accept the grant and all grant renewals; 9. Authorize the City Manager to negotiate and execute Agreement No. 11492 (CCS), with Exodus Recovery for the STEP for the City Attorney’s Office. This recommended award is made as an exception to the competitive bidding process pursuant to Sections 2.24.250 (i) and 2.24.240 (a) and is for a term of 4 years at a total amount not-to-exceed $1,500,000, with future year funding contingent on Council budget approval; 10. Authorize the City Manager to negotiate and execute funding agreements with developers and existing businesses to provide funding to support coordination of large-scale development projects; 11. Authorize staff to amend the City’s Fiscal Policies to add the plan to replenish funding leveraged to pay for legal settlements and COVID-related losses, as described in Attachment E; and 12. 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. Questions asked and answered of staff included: what is the new position in Community Development going to do, and what will they be responsible for; what is the specific plan to pay back the money that has been borrowed from the Housing Trust Fund; did the 5th & Arizona team pay our city staff an incentive to work with them on that project; by hiring this additional position in Community Development, is it going to provide additional service to smaller projects in the process; what percentage of improvement is expected as a result of bringing on this new position; is a salary study being done to compare to other cities if we are competitive; is there a difference in any of the positions in the City Attorney’s Office or are they all at Step 5; the new position being added in Community Development, are they to improve the process and expediting the projects opening, which will bring in more revenue as well as free up staff to help with other smaller projects; what is an equity wage and how is the living wage determined; and, will individuals who were impacted by equity adjustments receive retroactive pay. Motion by Councilmember Torosis, seconded by Councilmember DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 10 October 24, 2023 Brock, to adopt the recommended actions 1 - 12. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None CONTINUED ITEMS: MUNICIPAL CODE 8.A. Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and 15305 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA. 2. Introduce for first reading the attached ordinance replacing the codified text of Santa Monica Municipal Code Chapter 7.04.800 in its entirety to clarify the City’s public right of way requirements for new development. Question asked and answered of staff include, are we actively asking developers to widen streets for their building purposes. Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, 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 Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None MUNICIPAL CODE 8.B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements), was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 11 October 24, 2023 2. Introduce for first reading a proposed ordinance amending Santa Monica Municipal Code Sections 2.24.110 and 2.24.220(g) related to Master Services Agreements. Questions asked and answered of staff included: is this in alignment with the direction to include more women and diversity in the procurement process; what amount has been currently delegated to the Public Works Director for contracts; is this authority also being delegated to line staff; are we trying to get the addition of more diverse and local contracts as part of this as-needed agreement; is this process an open process that continues to add qualified contractors to get on the list or is it a one-time prequalification; how is the RFQ process advertised; and, maybe Finance should reach out to other agencies to see how the process can be more inclusive. Considerable discussion ensued on topics including, but not limited to: there are concerns about this being a closed off process that is not very inclusive; the ordinance should be more specific about who the authority is being delegated to; and, a suggestion that the ordinance needs to be more specific about who the authorized delegate is and the maximum amount that the Public Works Director has authority to delegate needs to be included as well. Motion by Councilmember Torosis, seconded by Councilmember Parra, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with an amendment to section 2.24.110 being specific about who is the designated authorized delegate. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None INTERM ZONING 8.C. Introduction and First Reading of an Interim Zoning Ordinance Amending the Text of the Zoning Ordinance to: (1) Replace the Term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”; (2) Remove Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate, and Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over, was presented. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 12 October 24, 2023 1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult- use cannabis or adult-use cannabis products to persons 21 Years of Age and Over. 3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis and adult-use cannabis products to persons 21 years of age and over, subject to Santa Monica Municipal Code Section 9.31.185. Questions asked and answered of staff included: where are the two current approved businesses in the process; why is it taking so long for the two businesses to become operational in Santa Monica; do we know if this particular business is operating outside of Santa Monica; what happens if the current vendor sells their business to somebody else, and circumvents the lottery process; how long ago were these licenses issued; are there any safeguards that the city can put into place to keep this vendor from selling their license; why are we giving an advantage to the retailer that hasn’t opened yet for medicinal purposes; what is the CA limit to have a retailer from a school; what does this do to impact or effect allowing other retailers open in the city and how do we make sure we are being fair to other retailers; if the city is creating a policy citywide, why would we approve the two medicinal retailers converting over to adult use retailers and give them an advantage; when the two permitted areas were approved, was there any concerns addressed about being close to schools; are there more stringent regulations regarding advertising; has staff considered any way to limit youth purchase; would it be a problem for the city to reach back and force social equity requirements on the current retailers; what would be the best way to attach taxes received to substance abuse prevention, especially for youth; is there any way to disincentivize selling the CUP or business; can we restrict a business from selling their business to someone else; doesn’t the CUP stay with the business, regardless of ownership; is it true that dispensaries outside of Santa Monica are delivering inside of Santa Monica; and, is there any legal liability if we set restrictions to allow the two medicinal retailers to adult-use retailers from those retailers who didn’t win the original medicinal bid. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 13 October 24, 2023 Considerable discussion ensued on topics including, but not limited to: consider putting up enhanced signage that warns the health concerns about using marijuana, especially for youth; adding consumption lounges should be included and it may be a positive impact for the city; fairness of allowing a potential business to come in and buy a the recreational use business without going through the process; and, this process should not be piecemealed together, we should wait and bring forth a full recreational process, that includes a social equity component. Motion by Councilmember Zwick, seconded by Councilmember Torosis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. Councilmember Parra proposed a friendly amendment to direct staff to create an administrative guideline requiring businesses to have a large health warning signage in the business. The amendment was considered friendly by the maker and seconder. Councilmember Parra proposed a friendly amendment to place a limit on the time, June 1, 2024, to use the CUP to convert the medicinal marijuana to an adult-use recreational retailer. The amendment was considered friendly by the maker and seconder. Councilmember Brock proposed a friendly amendment to direct staff to encourage diverse, equity and inclusive hiring practices for retailers through the administrative guidelines. The amendment was considered friendly by the maker and seconder. The motion, with amendments was approved by the following vote: AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None WATER & WASTEWATER CAPACITY 8.D. Introduction and First Reading of Water and Wastewater Capacity Study Ordinances, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 14 October 24, 2023 2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.12.180 to require water capacity studies for new developments. 3. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.04 to require wastewater capacity studies for new developments. Motion by Councilmember Torosis, seconded by Councilmember Brock, 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 Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ORDINANCES: PERMIT THRESHOLDS Councilmember de la Torre was excused at 10:29 p.m. 10.A. Introduction and Adoption of Emergency Ordinance No. 2762 (CCS) to Clean Up Errors and Restore Previously Approved Regulations for Masonry Wall Building Permit Thresholds and to Extend Building Permit Expiration Dates, 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. Introduce and adopt an emergency ordinance amending Article 8 of the Municipal Code to clean up errors and restore previously approved regulations that were inadvertently omitted by subsequent ordinance approvals. Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmember de la Torre DISABILITIES COMMISSION 8.E. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2025 (Continued from 10/10/2023), was continued to a future meeting due to no applications being received. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 15 October 24, 2023 DISABILITIES COMMISSION Councilmember de la Torre returned at 10:31 p.m. 8.F. Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy (Continued from 10/10/2023), was presented. Motion by Mayor Davis, seconded by Councilmember Brock, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present. JUSTICE FOR RENTERS ACT 8.G. Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single- family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle- income renters. Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act, was presented. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to direct staff to bring this item back as a Study Session. Substitute motion by Councilmember Torosis, seconded by Mayor Davis, to approve the original recommendation. The motion was approved by the following vote: AYES: Councilmembers Torosis, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: Councilmember Parra ABSTAIN: Councilmembers Brock, de la Torre Councilmember Parra stated her no vote for the record is not because she doesn’t agree with stabilizing the rental market, but it’s for the reasons that she indicated earlier that she has some concerns and she is DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 16 October 24, 2023 in full agreement that there needs to be a full study done before a blank agreement is given for something that is not fully understood. TENNANT SUPPORT 8.H. Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt Resolution No. 11560 (CCS) in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate, was presented. Motion by Councilmember de la Torre, seconded by Councilmember Torosis, to approve the recommendation. Councilmember Brock proposed a friendly amendment to request that tenants of Barrington Plaza have first rights to return at the same rental rate. The amendment was considered friendly by the maker and seconder. The motion, with the amendment was approved by the following vote: AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis NOES: Councilmember Parra ABSENT: None Councilmember Parra stated her no vote was because she has concerns about the public safety aspect of this, and she doesn’t want to make assumptions that one of our Santa Monica businesses is not acting in good faith. CONTINUING PAST 11 PM Motion by Councilmember Torosis, seconded by Councilmember Zwick, to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote, with all members present. AB 1033 (TING) 8.I. Request of Councilmember Zwick, Councilmember Torosis and Mayor Davis that the City of Santa Monica support AB 1033 (Ting) and, upon the governor’s signature, draft a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums, was presented. Motion by Councilmember Zwick, seconded by Mayor Davis, to approve the staff recommendation. The motion was approved by a unanimous voice vote, with all members present. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 17 October 24, 2023 ENGINEERED COUNTERTOPS 8.J. Request of Councilmember Brock that the City Attorney and City Manager consider developing and evaluate the impacts of an ordinance prohibiting the manufacture, sale, and/or installation of engineered countertops in Santa Monica. The fabrication of engineered countertops releases silica dust, and inhalation of silica dust can cause silicosis, a serious and deadly disease. On June 6, 2023, the Los Angeles County Board of Supervisors adopted a motion instructing the Director of Public Health to report on options to ban the sale, fabrication, and installation of silica fabricated stone in Los Angeles County. In addition, the California Division of Occupational Safety and Health has indicated that they will develop workplace standards for workers who handle engineered stone. Prior to developing a local ordinance, the City Attorney and City Manager are being asked to consider the findings of the Los Angeles County Director of Public health and standards developed by Cal/OSHA to determine its feasibility, was presented. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the recommendation and direct staff to bring back an ordinance prohibiting the manufacture, sale, and/or installation of engineered countertops in Santa Monica. Councilmember Parra proposed a friendly amendment to consider a research into how we could implement this until we get the physical report. The amended motion stated to direct the City Manager and City Attorney to bring back an appropriate ordinance based on information available to them, including information from L.A. County Health and Cal/OSHA and bring back possible ordinance that may include banning the manufacture sale and or installation of engineered countertops or requiring measures to protect workers who are engaged in the manufacturing sale or installation. The amendment was considered friendly by the maker and seconder. The motion was approved by a unanimous voice vote, with all members present. TRAVEL FUNDS 8.K. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024, in Austin, TX, was presented. DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 18 October 24, 2023 Motion by Mayor Davis, seconded by Councilmember Zwick, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None HOUSING COMMISSION 8.L. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026 (Continued from 10/10/2023), was presented. On order of the Mayor, the floor was opened for nominations for the seat term ending 6/30/2024. Councilmember Torosis nominated Analise Wells. There being no other nominations, Analise Wells was voted unanimously by voice vote to the Housing Commission for a term ending June 30, 2024, with all members present. On order of the Mayor, the floor was opened for nominations for the seat term ending 6/30/2026. Councilmember Brock nominated Gail Gordon. Councilmember Torosis nominated Timothy Gudgel. Timothy Gudgel was voted to the Housing Commission for a term ending June 30, 2026, by the following vote: Gordon: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete, Mayor Davis Gudgel: Councilmembers Zwick, Torosis COUNCILMEMBER DISCUSSION ITEMS: COUNCIL RULES OF PROCEDURES 16.A. Request by Mayor Davis to amend Rule 9(b) of the Council Rules of Procedure concerning Selection of Mayor and Mayor Pro Tempore to delete the sentence: “This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council,” to read as follows: (b) Selection of Mayor and Mayor Pro Tempore. As required by Charter section 604, the Mayor shall be selected by the Council. The procedure for selection shall be as follows: Beginning in December 2022, the Council shall select the longest continuously serving Councilmember, whether initially elected or appointed, to serve as Mayor for a 1 year term. Each subsequent DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 19 October 24, 2023 December the next longest continuously serving Councilmember shall be selected as Mayor for a 1-year term, then rotating each December to select the Mayor in order of the next longest serving Councilmember. If two or more Councilmembers were elected at the same election, the Councilmember receiving the higher number of votes shall be considered as having served longer for purposes of this provision. If two or more Councilmembers were initially appointed to serve at the same time, then when they each may first become eligible to be selected as Mayor, a coin flip shall decide who shall be considered as having served longer for purposes of this provision. The Mayor Pro Tempore may be selected by simple majority vote without regard to this provision. (This sentence will be deleted: "This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council.") Motion by Councilmember de la Torre, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was not approved by the following vote: AYES: Councilmembers Torosis, Zwick, Mayor Davis NOES: Councilmembers de la Torre, Brock, Parra, Mayor Pro Tem Negrete ABSENT: None COUNCIL RULES OF PROCEDURES 16.B. Request by Councilmember Torosis to amend Rule 28 of the Council Rules of Procedure to provide time limit after 11 p.m., to read as follows: RULE 28. ADJOURNMENT No new item, other than Public Input, shall be considered after 11:00 p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present. (New Language Added: For all items commencing after 11:00 p.m., Councilmembers’ comments shall be limited to 1 minute each, and speaking no more than 2 times per item; questions are permitted, but the Presiding Officer shall closely monitor to ensure they are only questions, not statements of opinion; staff presentations shall be limited to 15 minutes, unless the Council by majority vote allows a longer presentation.), was removed by the requestor and not heard. FUNDS ALLOCATION 16.C. Request of Mayor Pro Tem Negrete and Councilmembers Brock and de la Torre to allocate $15,000 of Council discretionary funds for the Samohi Symphony Orchestra for their upcoming tour in Germany. The funds will support families in need of financial assistance for travel expenses, was presented. Mayor Pro Tem Negrete recused herself to avoid a potential conflict of DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0 20 October 24, 2023 Mayor Pro Tem Negrete was excused at 12:44 a.m. interest because her music store sells and restores musical instruments to the school district. Motion by Councilmember Brock, seconded by Councilmember Torosis to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Davis NOES: None ABSENT: Mayor Pro Tem Negrete FUNDS ALLOCATION 16.D. Request of Mayor Pro Tem Negrete and Councilmembers Brock and de la Torre to allocate $5,000 for the Lincoln Middle School band, orchestra, and choir for their upcoming performance in San Francisco. Funds will be used to support families in need of financial assistance for travel expense, was presented. Motion by Councilmember Brock, seconded by Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Davis NOES: None ABSENT: Mayor Pro Tem Negrete ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:50 a.m. ATTEST: APPROVED: Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: 6AC7F9CE-BE52-4B1C-8E10-B8D0F1AF62A0