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m20190326.pdf 1 March 26, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 26, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O’Day at 5:32 p.m., on Tuesday, March 26, 2019, at the City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis (arrived at 5:47 p.m.) Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Ted Winterer Absent: Councilmember Greg Morena Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:32 p.m., with all members present except Councilmember Morena, and Mayor Davis. Councilmember Jara led the assemblage in the Pledge of Allegiance. AGENDA MANAGEMENT The Mayor Pro Tem informed Council that staff requested hearing Item 8.A. before the 7 items. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to hear Item 8.A. before Item 7.A. The motion was approved by voice vote, with all Councilmembers present, except Mayor Davis and Councilmember Morena. CLOSED SESSIONS Councilmember Jara was excused at 5:38 p.m. Mayor Davis arrived at 5:47 p.m. Member of the public Denise Barton commented on closed sessions. Councilmember Jara recused herself from Item 1.C. to avoid the appearance of a conflict of interest, because she has a daughter who works for the city. On order of the Mayor Pro Tem, the City Council recessed at 5:37 p.m., to consider closed sessions and returned at 7:19 p.m., with Councilmember Morena absent, to report the following: DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 2 March 26, 2019 Councilmember Jara returned at 6:38 p.m. A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804, Second District Court of Appeal, Case No. B295935 The City Attorney advised this matter was heard with no reportable action taken. 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Homeaway.com, Inc., and Airbnb, Inc. v. City of Santa Monica, United States District Court, Central District of California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW- AFM, Ninth Circuit Court of Appeals, Case Nos. 18-55367, 18-55805, 18-55806 The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR and Human Resources Manager Shawn Weiske, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE) The City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Legal Counsel – Anticipated Litigation -- Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Claim No. 18-629, claimant Rogelio Monroy; Claim No. 18-684, claimant Elizabeth Esquivias; Claim No. 19-019, claimant Jose Zaldivar; Claim No. 19-127, claimant John Doe 1; Claim No. 19-128, claimant John Doe 2; Claim No. 19-129, claimant John Doe 3; Claim No. 19-130, claimant John Doe 4; Claim No. 19-131, claimant John Doe 5; Claim No. 19-132, claimant John Doe The City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Legal Counsel -- Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2); facts and circumstances are known under Section 54956.9(e)(2) – copyright infringement claim. The City Attorney advised this matter was heard with no reportable action DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 3 March 26, 2019 taken. 1.F. Conference with Legal Counsel – Anticipated Litigation – Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 1 case The City Attorney was seeking authority to enter into Agreement No. 10831 (CCS) with Community Corporation of Santa Monica (CCSM), which CCSM would draw applicants from the city’s Affordable Housing waiting list, and the city would indemnify CCSM for certain claims related to use of that city list. Motion by Councilmember Himmelrich, seconded by Councilmember McKeown, to approve the City Attorney’s recommendation for an agreement. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena SPECIAL AGENDA ITEMS: 2.A. Proclamation declaring March 2019 as Red Cross Month in the City of Santa Monica, was presented by the Mayor. REPORT ON COUNCIL TRAVEL Mayor Pro Tem O’Day reported that he traveled to Yosemite to attend the Local Government Commission Conference. Topics discussed included Housing and Land Use. It was a good opportunity to meet other city officials to hear what is happening throughout the state on many of the issues Santa Monicans care about. Councilmember Jara reported that she also attended the Local Government Conference in Yosemite. She was able to take advantage of the opportunity to network with other Councilmembers from around California and to try to figure our common denominator to work together to create new legislation. Councilmember McKeown reported that he attended the National League of Cities Conference in Washington DC, where the focus was on new transportation technology, housing policy, and broadband regulations; he also attended the Local Government Conference in Yosemite, where he was able to participate in a meeting with State Senator Scott Wiener, who is responsible for Senate Bill 50 (related to Housing), and was able to provide the Santa Monica point of view. Mayor Davis attended the National League of Cities Conference in Yosemite, who met with a representative from Senator Feinstein’s office, and Representative Ted Lieu. She also went to Greece, not paid for by the DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 4 March 26, 2019 city, where she was invited as one of the Champion Mayors, by an arm of the Organization for International Cooperation and Development. She spoke to world leaders about the work being done in Santa Monica around sustainability, inclusion, and wellbeing. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Andrew Wilder, John Jerabek, Ronald Leung, Vanessa Gibson, Christian Fry, Eve Lopez, Zina Josephs, Tim Cashin, Yury Ulyanov, Joseph Schmitz, and, Johnathan Foster commented on various Consent Calendar items. At the request of Councilmember Himmelrich, Item 3.D. was removed from the Consent Calendar and at the request of Councilmember Jara, Item 3.G. was removed from the Consent Calendar. Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to approve the Consent Calendar except for Items 3.D. and 3.G., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena MINUTES 3.A. Minutes of the City Council - Special Meeting - March 5, 2019 4:30 PM, were approved. SANTA MONICA AIRPORT 3.B. Award Construction and Construction Management Contracts for the Santa Monica Airport - Reuse of Excess Airfield Pavement Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2533 to Sully-Miller Contracting Company, a California-based company, to provide construction services for the Santa Monica Airport – Reuse of Excess Airfield Pavement Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Contract No. 10815 (CCS) with Sully-Miller Contracting Company in an amount not to exceed $3,109,824 (including a 15% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; 4. Authorize the City Manager to negotiate and execute professional DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 5 March 26, 2019 services Contract No. 10832 (CCS) with CivilSource, an NV5 Company, for construction management and inspection services in an amount not to exceed $216,761 (including a 15% contingency); 5. Authorize the Director of Public Works to issue any necessary change orders and modifications to provide additional services within contract authority. 6. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. VEHICLE PURCHASE 3.C. Award Bid to National Auto Fleet Group for the Purchase of One Sewer Jetter Vehicle, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group, a California-based company, for the purchase and delivery of one compressed natural gas high-pressure sewer jetter vehicle for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b) and is for a total amount not to exceed $334,545. VEHICLE PURCHASE 3.E. Award Bid to Frontier Ford for the Purchase of up to 70 Pickup Trucks, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4366 to Frontier Ford, a California-based company, for the purchase and delivery of 60 Ford F-250 pickup trucks for the Planning and Community Development, Police, and Public Works departments; 2. Authorize the Procurement Manager to issue a purchase order with Frontier Ford for the purchase and delivery of 60 Ford F-250 pickup trucks in the amount not to exceed $3,638,781 for one year, with future year funding contingent on Council budget approval; and 3. Authorize the Procurement Manager to issue any necessary change orders to the purchase order in an amount not to exceed $891,378 for the purchase of up to an additional 10 vehicles for an additional 12 months after receipt of the purchase order, at the same price, terms and conditions. This would result in a revised purchase order total amount not to exceed $4,530,159, with future year funding contingent on Council budget approval. SOUTH LINCOLN BOULEVARD ASSESSMENT DISTRICT 3.F. Proposed South Lincoln Boulevard Assessment District, was approved. Recommended Action DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 6 March 26, 2019 Staff recommends that the City Council: 1) Conceptually approve the draft management plan for the proposed South Lincoln Boulevard Property-Based Assessment District; and 2) Affirm the City’s financial support for the general benefits associated with the assessment district of approximately $7,000 to $11,000 per year over a ten-year period. COACHING SERVICES 3.H. Second Modification to Agreement with Innovative Resources Consultant Group for Staff Development, Team Building and Coaching Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10421 (CCS) in the amount of $150,000 with Innovative Resources Consultant Group (IRCG) for the continued services of staff development, team building, employee coaching, and strategic planning. In January 2017, Council approved a two year agreement with IRCG. This second modification will retain the original agreement term and award additional funds in the amount of $150,000 resulting in a 2 year agreement with a new total amount not to exceed $420,000, with future year funding contingent on Council budget approval. INTERNAL AUDIT SERVICES 3.I. First Modification to Agreement #9956 with Moss Adams for Internal Audit Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #9956 in the amount of $210,000 with Moss Adams, LLP, a Washington-based company, for internal audit services for the Finance Department. This will result in a five-year amended agreement with a new total amount not to exceed $1,135,000, with future year funding contingent on Council budget approval. PARKING STRUCTURE 5 3.J. Second Contract Modification with West Valley Investment Group for Parking Structure 5 Tenant Improvement Project, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10417 (CCS) in the amount of $70,000 with West Valley Investment Group, Inc., a California-based company, for additional construction services to complete the Parking Structure 5 Tenant Improvement Project for the Public Works Department. This will result in an amended agreement with a new total DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 7 March 26, 2019 amount not to exceed $4,086,715, with future year funding contingent on City Council budget approval. NETWORK INFRASTRUCTURE EQUIPMENT 3.K. Purchase Order for Network Infrastructure Equipment, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a purchase order to Zones, Inc, a Washington-based company, for the purchase of Cisco manufactured network equipment and services that support City operations, for a period of five years. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b) where competitive bid procedures have already been utilized, such as in purchasing from Federal, State, County, City or special district government agencies. The total amount of the purchase order over five years will not to exceed $3,500,000, with future year funding contingent on Council budget approval. OUTREACH 3.D. Award of Communications and Outreach Contracts, was presented. Recommended Action Staff recommends that the City Council: 1. Award RFP# 122917 to fourteen California-based companies and one Florida-based company to provide as-needed communications and outreach services available to all City of Santa Monica departments for assistance on a variety of programs and services; 2. Authorize the City Manager to negotiate and execute Agreement Nos. 10816 (CCS) through 10829 (CCS) with each company, in an amount not to exceed $174,000 for two years, with three additional one-year renewal option(s), on the same terms and conditions for a total amount not to exceed $174,000 each over a 5-year period, with future year funding contingent on Council budget approval. This item was pulled by Councilmember Himmelrich to find out more about what is being proposed, and to ask questions. Questions asked and answered of staff included: what do the seven permanent employees in the Office of Communications do, since so much of the work is contracted out; is the city responding to questions posed on social media and through email from residents, and who is accountable for that area; will this provide a course correction between too much marketing and not enough communication; working with these agencies will they ensure diversity, cultural competency, and language justice; are these companies local to Santa Monica; are these expenditures being charged against the City Manager’s Office or against the individual departments; DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 8 March 26, 2019 and is this new money. Discussion ensued, but not limited to: making sure the money being suggested is not going to waste; clarification that because these funds are being approved, it doesn’t mean that they are being spent; very uncomfortable about the lack of information about the various companies, what they are bringing to the table; why these companies were chosen; and, some of these same companies have been used in the past in the city. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O’Day, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Mayor Pro Tem O’Day, Mayor Davis NOES: Councilmember Himmelrich ABSENT: Councilmember Morena FRAMEWORK REVISION 3.G. Framework Revision- Adjustment of Values, was presented. Recommended Action Staff recommends that the City Council modify the Framework values identified at the Council Retreat to better distinguish between values and Framework Outcome Areas. Specifically, staff recommends that “Innovation” replace “Safety” as one of the Council chosen values as Safety is already one of the seven Framework Outcomes and “Keeping Neighborhoods Safe” is one of the six Framework Priorities. This item was pulled by Councilmember Jara to ask questions of staff for clarification about this item. Discussion ensued, but not limited to: possibly coming up with a different word instead of safety or innovation, in order to confirm for the city that they were heard at the retreat; core values were not as thoroughly discussed as much as the framework; safety should not be removed without a more thorough discussion; saying safety for all is not redundant; using the word safety as an outcome and a value is confusing; and, not sure that innovation should be considered a value. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O’Day, to take no action at this time. The motion to take no action was approved by voice vote, with Councilmember Morena absent. HOMELESSNESS 8.A. Annual Report on Homelessness, was presented. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 9 March 26, 2019 1) Review and comment on the Four-Pillar strategy and activities in the report, and direct staff to proceed with the next steps; 2) Direct staff to proceed with feasibility analysis of possible sites for the replacement of SAMOSHEL and associated community engagement process and return to Council with recommendations; 3) Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. Members of the public Fernando Morales (on behalf of County Supervisor, Sheila Kuehl), Ron Miller, Joe Mets, Rene Buchanan (time donated by Christina Diaz), Michael Burroughs, Jonathan Brenner,Gary Foster, Sarah Jessup, Benjamin Sitnikoff, Tom Johnson (time donated by Lynart Wilds), Wayne Salters, Mary Nolan, Jerry Crabtree, Amelia Llamas, Ariana Bloom, Kimberly Pharr, Olga Zurawska (time donated by Judy Casey), Ron Hooks, Denise Barton, Michael Louis, John Maceri (time donated by Andrea Rackley), Benjamin Preston, Jerry Rubin, Michael Soloff, Abby Arnold, Zina Josephs (time donated by David Morris), John C Smith, Jonathan Foster, and Derek Devermont spoke to the recommended action. Questions of staff included: looking into this therapeutic van that would provide mental health services in lieu of being able to have a permanent facility right away, and what is the capital cost for the van; and, what is the timeline to receive innovation funds/donations from the private sector. Considerable discussion ensued on topics including, but not limited to, if the city is going to replace SAMOSHEL, it should be upgraded to provide additional services; mental health needs to be address, otherwise the Housing First model doesn’t work; how to address when families are close to homelessness, prevention; and, try to figure out ways to duplicate programs like the POD program for prevention. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, to adopt the staff recommendation, which includes directing staff to proceed with feasibility analysis of possible sites for the replacement of SAMOSHEL and associated community engagement process and return to Council with recommendations; authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report; to emphasize working with the Westside Council of Governments to create a coordinated program to address homelessness, also to address the issue of having mental health treatment services within the city, and the need to create more supportive housing. DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 10 March 26, 2019 The motion was approved by the following vote: AYES: Councilmembers Himmelrich, McKeown, Winterer, Jara Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena ORDINANCES: SINGLE-ROOM OCCUPANCY USES 7.A. Introduction and Adoption of Urgency Interim Zoning Ordinance No. 2604 (CCS) entitled “AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING SINGLE-ROOM OCCUPANCY USES THAT ARE NOT ONE-HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS OR CERTAIN TYPES OF SPECIALIZED HOUSING SUCH AS EMERGENCY SHELTERS, TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING”, was presented. Recommended Action Staff recommends Council introduce and adopt an urgency interim zoning ordinance to prohibit Single-Room Occupancy (SRO) uses citywide on an interim basis in order to prevent the proliferation and over-concentration of SRO uses that are not 100% Affordable Housing Projects or certain specialized housing uses such as emergency shelters, transitional housing, and supportive housing. This urgency interim zoning ordinance would allow for study of revised development standards, land use regulations, use classifications, and additional requirements related to physical design or amenity plans, for SRO uses in order to protect the public health, safety and welfare. Member of the public Neill Brower spoke to the recommended action. Questions asked and answered of staff included: how many units in the downtown fall between 219 – 373 sq. feet; is there any concern about the issue of converting previously approved 1 and 2 bedrooms to SRO’s; any idea why these projects that were proposed as larger 2 -3 bedrooms were converted to single residency occupancy units; going forward, looking for a more permanent solution, has there been any thought to considering communal living buildings; is it true that all of the conversion projects mentioned are all coming from a single ownership group; these new proposed projects would only generate 5% of the units as affordable (extremely low income), where the projects previously proposed generated a lot more affordable units; how many of the valid six buildings have building permits; and, has the City Attorney looked at the legal issues raised by the public speaker. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to introduce and adopt on first reading the ordinance, reading by title only and waiving further reading thereof. The motion was DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 11 March 26, 2019 approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena AFFORDABLE HOUSING 7.B. Introduction and First Reading of an Ordinance for Proposed Amendments to the Affordable Housing Production Program, was presented. Recommended Action Staff recommends that the City Council: 1) Review and discuss the information contained in this report regarding the City’s regulatory and policy framework to support housing production, as well as affordable housing production trends, including units in the Extremely Low Income (ELI) category. 2) Authorize the City Manager to negotiate and execute Agreement No. 10830 (CCS) with HR&A Advisors, Inc., a California-based company, for financial feasibility analysis of potential affordable housing requirements and minimum density requirements for the Planning and Community Development and Housing and Economic Development Departments. This recommended award is for a total amount not to exceed $150,000 with future year funding contingent on Council budget approval. 3) Consider introduction and first reading of an ordinance amending the text of the Municipal Code to temporarily remove the option for providing ELI units to satisfy a project’s Affordable Housing Production Program (AHPP) obligation pursuant to SMMC Chapter 9.64 and specify that 100% Affordable Housing Projects that are owned and operated by non-profit housing providers and financed with tax credits may be exempt from certain provisions of the Affordable Housing Production Program (SMMC Chapter 9.64), subject to certain conditions (Attachment “A”). Members of the public Michael Soloff, Denise Barton, Ralph Mechur, Leslie Lambert, Andrew Sobel, Dave Ramo, Patricia Hoffman, Tara Barauskas, Paula Larmore (time donated by Kevin Kozal), and Judy Abdo spoke to the recommended action. Questions asked and answered of staff included: what is the risk of extremely low renters having so little money left after they pay their rent; is the California Tax Credit Allocation Committee (TCAC) being recommended only for housing that is provided by one of the organizations that the city works with; who is being housed in the low income DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 12 March 26, 2019 inclusionary housing; are we always going for TCAC for anything the city is building; what happened before 2013 and before ELI, what happened to those people then; if we put a temporary hold on this, how will you handle subsidizing low and mid-range residents; in the proposed study, will the study look at what’s happening in the downtown area right now; and, how much longer after the AHPP Feasibility analysis is completed will Planning return with proposed revised standards. Considerable discussion ensued on topics including, but not limited to: how do we address dealing with the County’s Prop R requirements; if the ELI is removed, will it chill the development of affordable housing; there’s not enough middle income housing; and, this is a flawed formula. The three options presented by staff included: Option 1 – Discuss Potential Removal of ELI Option from AHPP Option 2 – Authorize AHPP Feasibility Study Option 3 – Introduce for 1st reading TCAC text to AHPP Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to move the staff report; to not remove the ELI at this time; go forward with the feasibility study; and, to allow the proposed amendment language from CCSM. Councilmember Jara, proposed a friendly amendment to wait at least six months and allow staff to come back with updates. The motion was not seconded. Mayor Pro Tem O’Day, changed his motion to approve Options 2 & 3, and vote separately on Option 1. Substitute motion by Councilmember Winterer, seconded by Councilmember McKeown, to adopt the staff recommendation and go forward with the AHPP Feasibility Study, and to allow the TCAC financing with the revised language suggested by CCSM, with a minor adjustment to consult with the City Manager’s designee. The City Attorney’s Office asked for clarity on the approved CCSM language and what it means to say more affordable housing. Changes read into the record by City Attorney Office included changes to sub-section (c): new language reads: “shall provide more affordable housing than will be required onsite for the market rate project. During the City’s review of the project, the nonprofit housing provider shall consult with the city regarding the category round and the type of tax credit being sought. DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 13 March 26, 2019 The City Attorney noted the following changes to the ordinance: - Changing/adding the phrases “on or after November 27, 2019” in three places (Section 2, modifying 9.64.050, subsection A(4), subsection B(4), and subsection C(1). This limits the non-applicability of the ELI to the period of March 26 to November 27, 2019. The substitute motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena Discussion ensued on the Option 1, with a motion. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to take no action on removing the ELI requirement, and keep the status quo with the program and the Extremely Low Income option. Substitute motion by Councilmember McKeown, seconded by Councilmember Jara, to temporarily eliminate the ELI option in the Affordable Housing Production Program for eight months, until staff returns with the study. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, McKeown, Winterer, Jara, Mayor Davis NOES: Mayor Pro Tem O’Day ABSENT: Councilmember Morena Motion by Councilmember McKeown, seconded by Councilmember Jara, direction was given to staff to explore adding a top priority third tier for Affordable Housing, for the families displaced by the Civic Center and the families forced out of the Pico Neighborhood for construction of the freeway, to fill the Affordable Housing units. The motion was unanimously approved by voice vote, with Councilmember Morena absent. ZONING 7.C. Introduction and First Reading of an Ordinance Making Changes, Corrections, and Clarifications to the City's Zoning Ordinance Related to Policy Issues That Have Arisen Since the Adoption of the Zoning Ordinance Through Its Implementation; Amending the Zoning Ordinance and Santa Monica Municipal Code Section 6.14.040 Related to Fortunetelling; and Amending the Official Districting Map for 1411 Cloverfield Boulevard, was presented. Recommended Action Staff recommends that the City Council introduce for first reading an DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 14 March 26, 2019 ordinance making changes, corrections, and clarifications to the City’s Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation; amending the Zoning Ordinance and Santa Monica Municipal Code Section 6.14.040 related to Fortunetelling; and amending the Official Districting Map for 1411 Cloverfield Boulevard. There were no members of the public present. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, 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 Jara, Winterer, McKeown, Himmelrich, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena COUNCILMEMBER DISCUSSION ITEMS: BUILDING & FIRE-LIFE SAFETY COMMISSION 13.A. Appointment to one unscheduled vacancy on the Building & Fire-Life Safety Commission for a term ending on 06/30/2021. Member of the public Yu-Ngok Lo, spoke on the recommended action. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Yu-Ngok Lo. The City Attorney advised that the ordinance that established the Board of Appeal gives the Council more flexibility to appoint “to the extent practicable as determined by the Council.” Motion by Councilmember Winterer, that given the amount of times this vacancy has advertised, with no candidates meeting all of the requirements, it is not practicable, and nominated Mr. Lo. There being no other nominations, Mr. Lo was unanimously approved by voice vote, with Councilmember Morena absent to the Building & Fire- Life Safety Commission, for a term ending June 30, 2021. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 13.B. Designation of a Delegate and an Alternate to the Southern California Association of Governments Regional Conference and General Assembly scheduled for May 2 - 3, 2018 in Palm Desert, California, was presented. There were no members of the public present. DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726 15 March 26, 2019 Councilmember McKeown, volunteered to be the delegate, and nominated Councilmember Morena as the alternate, since he is planning to attend the conference. The motion to have Councilmember McKeown serve as the voting delegate and Councilmember Morena serve as the alternate was approved by voice vote, with all Councilmembers present, except Councilmember Morena. COAST 2019 13.C. Request of Mayor Pro Tem O’Day and Councilmembers McKeown and Winterer that the Council allocate $75,000 of Council discretionary funds for COAST 2019 to support new activities for engaging community members in the event, such as workshops with artists that will be held in advance of and during the event to provide Santa Monicans with tools to “Primp Their Ride.” Through processions and prizes, COAST 2019 will highlight the individual creativity utilized to decorate whatever people use to get around: bike, scooter, roller-skates, feet, skateboard. The community workshops will also educate participants about use of sustainable materials, further reinforcing the goal of combating Climate Change, was presented. There were no members of the public present. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena PUBLIC INPUT: Members of the public Denise Barton and Jonathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:11 a.m. in memory of Toni Frank. ATTEST: A P P R O V E D : Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: 49E142B0-E1FD-44D8-9390-AF42BC17B726