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m20191105_spe.pdf 1 November 5, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 5, 2019 A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O’Day at 5:36 p.m., on Tuesday, November 5, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis (arrived at 6:30 p.m.) Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Greg Morena Councilmember Ted Winterer Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present except Mayor Davis. Councilmember Himmelrich led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS AGENDA MANAGEMENT There was no one present for public comment on closed sessions. Councilmember Jara recused herself from Item 1.C. to avoid a possible conflict of interest because her daughter works for the city. Councilmember Himmelrich recused herself from Item 1.B. in order to avoid the appearance of a conflict because her husband works for the Firm that represents one of the plantiffs. For Agenda Management, the City Attorney announced that she was pulling Item 7.A. from the agenda. This item related to the R-1 ordinance, considered on first reading on October 22nd. Since publication of the agenda significant concerns have been raised that any change to the ordinance language read into the record on October 22nd would require further public process that has not been noticed or agendized for tonight, as a result staff is pulling this item. The R-1 ordinance will come back for second reading and adoption at the next Regular November 12, 2019 meeting. DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 2 November 5, 2019 Councilmember Himmelrich excused at 6:25 p.m. Councilmember Himmelrich returned at 6:30 p.m. Mayor Davis arrived at 6:30 p.m. Councilmember Jara excused at 6:30 p.m. Councilmember Jara returned at 6:59 p.m. On order of the Mayor, the City Council recessed at 5:39 p.m., to consider closed sessions and returned at 7:06 p.m., with all members present, to report the following: 1.A. Conference with Real Property Negotiator: Government Code Section 54956.8 Property: 11525 Charnock Road, Los Angeles, California City negotiator: Rick Valte, Assistant Director, Public Works D e p a r t m e n t Under Negotiation: Interest in Real Property, including price and t e r m s o f p a y m e n t Parties: Southern California Water Company; Golden S t a t e Water Company 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. v. City of Santa Monica, Central District of California, Case No. 16-cv-06641-ODW(AFM); Airbnb, Inc. v. City of Santa Monica, Central District of California, Case No. 16-cv- 06645-ODW(AFM); Homeaway.com, Inc. & Airbnb, Inc. v. City of Santa Monica, 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, Human Resources Manager Shawn Weiske, and Outside Counsel Laura Kalty, 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 – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Brian Sathre v. City of Santa Monica, Los Angeles Superior Court, Case No. 18STCV05552. The City Attorney advised this matter was from a former city employee. Mr. Sathre brought this lawsuit alleging claims including discrimination, harassment, and failure to provide reasonable accommodations. To avoid DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 3 November 5, 2019 the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $125,000. The settlement also includes Mr. Sathre’s resignation from employment with the city. Motion by Councilmember Himmelrich, seconded by Councilmember Jara, to approve Settlement No. 10966 (CCS) in the amount of $125,000, with a resignation. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Labowitz et al. v. Bird Rides, Inc., et al., U.S. District Court CV 18-9329-MWF The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report: 2019 Wellbeing Summit, was presented. REPORT ON COUNCIL TRAVEL Mayor Davis traveled to Victoria, British Columbia for the Canadian ICLI Livable Cities Conference where they discussed Wellbeing and Housing crisis. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and Nancy Coleman commented on various Consent Calendar items. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 401 MONTANA AVENUE 3.A. Approval of Statement of Official Action Denying Appeal 19ENT-0032 Approving 15ENT-0230 (Conditional Use Permit) and DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 4 November 5, 2019 18ENT-0342 (Fence Height Modification) at 401 Montana Avenue (Rainbow Garden), was approved. Recommended Action Staff recommends that the City Council approve the Statement of Official Action reflecting Council’s decision to deny appeal 19ENT-0032 and approve 15ENT-0230 (Conditional Use Permit) and 18ENT-0342 (Fence Height Modification) for The Rainbow Garden, a non-profit learning center for the purpose of educating pre-school and school-aged children about organic gardening and healthy food choices at 401 Montana Avenue, per the attached findings and conditions of approval. SMPD 3.B. Approval of First Modification of Agreement No. 10400 with Vital Medical Services SMPD Arrestees, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10400, in the amount of $175,000 with Vital Medical Services, LLC, a California-based company for in-house medical service provisions for arrestees. This will result in a three-year amended agreement with a new total amount not to exceed $675,000, with future year funding contingent on Council budget approval. MINUTES 3.C. Minutes of City Council - Special Meeting - October 15, 2019, were approved. MINUTES 3.D. Minutes of City Council - Regular Meeting - October 22, 2019, were approved. STUDY SESSION: PROMENADE 3.0 PROJECT 4.A. Promenade 3.0 Project Update, was presented. Recommended Action Staff recommends that the City Council review and comment on the “Promenade 3.0” research and outreach efforts thus far to provide policy direction on the emerging vision and timeline for re-imagining the Third Street Promenade. Staff reported on Lanes 1 and 2. Questions asked and answered of staff included: has the Police Department been vetted on the proposed changes for Lane 2; what is the new timing schedule for an Interim Zoning Ordinance (IZO) for Lane 2, and would it be a polite program; where do the monies come from in the business districts; has there been any neighborhood pushback; for the alleys has there been any thought to scheduling specific times; how would a historical DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 5 November 5, 2019 Mayor Pro Tem O’Day excused at 9:07 p.m. or landmark feature be integrated; how would the IZO play into a business model where investment is required to return over a decade or two; how does transportation incorporate into this plan; how to encourage economic development for those who are not going to be able to afford the rental fees; to make things more fun, would it be possible to make it easier to paint utility boxes; how much were the business owners involved in providing suggestions on ways to revitalize the Promenade; in the outreach, was the public offered an option to survey how they felt about street performers; how would the Promenade look if it wasn’t an open public street; and, what is the benefit of having closing hours for the Promenade. Members of the public John Alle, Wally Marks, Jerry Rubin, Denise Barton, Scott Shonfeld (time donated by Julia S. Ladd), Michael Gelber, and Rob Rader. Considerable discussion on Lanes 1 and 2 ensued on topics including, but not limited to: yes, it is beneficial to the Promenade’s performance to be treated differently than other public streets, while maintaining its status as a civic commons and public forum; the streets surrounding the Promenade will need to also be successful in order for the Promenade to succeed as well; would hate to see privatization of the space on the Promenade, important to keep this geared towards a public space; take into consideration having spaces that are more street fair in concept; flexible to digital sign formats and opportunities for advertising/sponsorship; there is a benefit to having closing times to allow clean up, deliveries and for public safety reasons; digital signage could be useful to provide “real time” information; some wayfinding with sponsorship would be useful; concern over closing the Promenade since it’s one of the only places in the city that is open late for visitors to go locally in the late evening; equity for locals needs to be instilled when thinking about revitalizing the Promenade; would not want to see illuminating billboards that block landmarks; this is our opportunity to be bold, so we may want to consider looking at things outside of the box; this is an opportunity to do different things; before deciding what powers to give Downtown Santa Monica, have the City Attorney go back and check to make sure that no first amendment rights are violated by giving them certain authorities; survey the local businesses to see what they think would be the most successful uses; considering transportation and include it as it relates to other local neighbors and helping them get to the Promenade; maybe consider having a more diverse board with different people from different neighborhoods with different voices; supportive of DTSM having more space management, except permitting outdoor dining; Yes, Downtown Santa Monica should take over more responsibility with programming and operations on the Promenade; making sure that all voices are heard with inclusion and diversity; support ways to foster development of nightlife, cultural, and entertainment uses that encourage patronage of physical establishments and increase DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 6 November 5, 2019 pedestrian activity on the Promenade at alternate times of day; suggestions included small stages on the Promenade where performances are ways to promote performances at other parts of the city; need flexibility with programming, live entertainment, arcades, more of the Pier cross- migration; consider art galleries, virtual reality, make sure air hockey and skeeball are included; encourage DTSM and city to think big, think bold, no limitations, and then let the Council pair things down; use for cultural uses with big, bold, iconic public art; make it easier to support private property owners in adapting their spaces; maybe having smaller spaces; but would not be the city’s role to coordinate businesses, that would be DTSM’s role, whatever it is that is going to attract people to the Promenade, get input from the residents and owners to get their thoughts on what the revitalization should look like; the city will have to spend money to make money and empower the Downtown Santa Monica to thrive; make it easier for property owners to break down the spaces into smaller business into different uses; an IZO should encourage engagement and participation on the Promenade and vicinity during the day and evening hour, which could allow live music and dancing; delegate review authority to city staff, but maybe have the City Council be able to override city staff if a use goes off the rails and needs to be more limited; maybe consider temporary use for some uses; give staff the most flexibility as possible, and understand that there will be some failures. Staff reported on Lane 3. Questions asked and answered of staff included: any thought about incentivizing programming to alleys to create a pedestrian experience; any other tools we could use to encourage public access; any contemplation as to how to make these changes without it impacting the overall city budget; looking at the level, is there any way to change the flatties in the renders; who and how is the design determined, and are the property owners involved in those decisions; how does a decision get made between the framework plan and when does it become final; how does new stuff get integrated into the street design plan; did the consultants look at all of downtown Santa Monica, or only the Promenade; Members of the public Jerry Rubin, Ruthann Lehrer and West Hooker. Considerable discussion on Lane 3 ensued on topics including, but not limited to: be conscious of the difference in the texture on the different parts of the street; expressed in favor of the transformation option and the physical form of the Promenade shift away from a traditional, linear street format toward a dynamic space with engaging amenities; include a historic piece by maybe having a walking tour; maintain at least one of the dinosaurs as part of the history; maybe revisit or incentivize businesses using the alley way as a public pass through; the experiment showed that DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 7 November 5, 2019 creating a family space will provide more stickiness for the space; be bold, but be smart when deciding the programming of the Promenade, and maintain its authenticity; the idea of equity by having the pop-ups to be decided by DTSM is important; incorporate 2nd and 4th Street and bring the designs in so that there is a connection; for the Pavillion Concessions, it might be useful to have them have the capability to move around; there needs to be a conversation with Downtown Santa Monica about what’s the right mix of tenants to make sure there is a thriving mall; in the interim there are some things that could be done like removing the permanent planters and the phone booths; look at this like a business plan to help invest appropriately; this needs to be data driven and reviewed on a continued basis when making decisions and continued changes; and, for the alleys, be mindful of the trash trucks. The Mayor clarified that there is a consensus from the Council’s direction to include: to move ahead with direction to staff and partnership with DTSM, Inc. and private property owners to proceed with development of a Master Plan and financing plan for capital improvements for the Third Street Promenade, including the comments from the Council. ORDINANCES: ZONING 7.A. Second Reading of an Ordinance to Amend the Text of the City's Zoning Ordinance Related to Development Standards in the R1 (Single Unit Residential) District, was pulled at the request of staff. Recommended Action Staff recommends that City Council consider and confirm the language of this Ordinance. COUNCILMEMBER DISCUSSION ITEMS: DISCRETIONARY FUNDS 13.A. Request of Mayor Davis and Councilmembers Winterer and McKeown that the Council allocate $6000 of discretionary funds to Lincoln Middle School (Tax ID #95-600855) to enable students from low-income households to travel with the Chamber Ensemble to perform in the 2020 National Orchestra Festival in Orlando, FL in March. Lincoln is one of six middle schools in the country to have been invited to participate in this event, was presented. There were no members of the public present to speak. Motion by Councilmember Morena, seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E 8 November 5, 2019 ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:23 p.m. in memory of Ana Dora Compana. ATTEST: A P P R O V E D : Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: 6FD64EEC-777B-4F17-9D8D-0948ADA5C65E