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.
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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:
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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.
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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.
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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
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(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
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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.
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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
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(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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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