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m20210209.pdf 1 February 9, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 9, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m., on Tuesday, February 9, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/utfbqgju Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Oscar de la Torre Councilmember Kevin McKeown Councilmember Christine Parra Also Present: Interim City Manager Lane Dilg Interim City Attorney George Cardona City Clerk Denise Anderson-Warren CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present. CLOSED SESSIONS Councilmember de la Torre excused at 5:39 p.m. Councilmember de la Torre returned at 6:31 p.m. Members of the public Matt Neco and David Whatley commented on closed sessions. On order of the Mayor, the City Council recessed at 5:38 p.m., to consider closed sessions and returned at 6:30 p.m., with Councilmember de la Torre absent, to report the following: 1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): Shekouh Deljou et al. v. City of Santa Monica, Los Angeles Superior Court, Case No. 19STCV44621. The Interim City Attorney advised the plaintiff alleges that in March 2019, as a 74-year old bus passenger, she suffered a mild traumatic brain injury, a torn rotator cuff in her right shoulder, and a torn meniscus in her right knee after falling when the Big Blue Bus she had just boarded accelerated before plaintiff could take a seat. The City does not admit the allegations, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $195,000. DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 2 February 9, 2021 Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement Agreement No. 11136 (CCS), in the amount of $195,000. AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Fire Insurance Exchange v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCV25393. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): EJA Associates, L.P., a California limited partnership v. City of Santa Monica, et al., Los Angeles Superior Court, Case Nos. 20SMCV01103, 20SMCV01550. The Interim City Attorney advised this matter was heard with no reportable action taken. AGENDA MANAGEMENT The Mayor Pro Tem asked if Council would be in favor of hearing Items 13.C. and 13.D. together, because the majority of correspondence received addressed the combined items. Mayor Himmelrich recused herself to avoid the appearance of a conflict of interest. Because, she is employed as Special Counsel by Western Center on Law & Poverty, a California non-profit legal services provider and support center. Although her sole role at Western Center is as a litigator, Western Center also employs advocates who register as lobbyists, and Western Center sponsors, endorses, and opposes bills in the California legislature. Though she is a litigator and does not lobby for Western Center, her practice has been to refrain from taking positions on any legislation that differs from Western Center’s position. The two bills that are the subject of agenda items 13.C. and 13.D., SB 9 and SB 10, are bills on which Western Center has not yet taken a position. These are, however, bills that Western Center will likely consider during the legislative session and may take a position as they involve housing. Western Center did take a position on two bills that were the predecessors to the current bills in the prior legislative session, SB 902 and 1120, opposing those bills absent DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 3 February 9, 2021 Mayor Himmelrich was excused at 6:33 p.m. amendment. As a result of these facts, she decided to err on the side of caution, and recuse herself from agenda items 13.C. and 13.D. Motion by Councilmember Davis, seconded by Councilmember McKeown, to hear Items 13.C and 13.D. together. The motion failed by the following vote: AYES: Councilmembers Davis, McKeown, Mayor Pro Tem McCowan NOES: Councilmembers de la Torre, Brock, Parra ABSENT: Mayor Himmelrich After the motion failed, the Interim City Attorney announced that Items 13.C and 13.D would be heard as separate items. CONSENT CALENDAR: Mayor Himmelrich returned at 6:50 p.m. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember McKeown, seconded by de la Torre, 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 Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None The City Clerk announced that there was a member of the public on hold to provide comment on the Consent Calendar. Motion by Councilmember McKeown, seconded by Mayor Pro Tem McCowan, to reopen the public hearing. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Member of the public Denise Barton commented on various Consent Calendar items. At the request of Councilmember Brock, Item 3.C. was removed from the Consent Calendar. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the Consent Calendar, except Item 3.C., reading DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 4 February 9, 2021 resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None INJURY PREVENTION SERVICES 3.A. Award Request for Proposal and enter into Agreement No. 11137 (CCS) with Humanscale Corporation for Workplace Injury Prevention Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 262 to Humanscale Corporation for workplace injury prevention services for the Finance Department; and, 2. Authorize the City Manager to negotiate and execute Agreement No. 11137 (CCS) with Humanscale Corporation, in an amount not to exceed $480,000 over a five-year period, with future year funding contingent on Council budget approval. RECYCLING PROGRAM 3.B. Adoption of Resolution No. 11316 (CCS) entitled “A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA MONICA TO AUTHORIZETHE CITY MANAGER TO EXECUTEALL APPLICATIONS, AGREEMENTS AND DOCUMENTS FOR FUNDSPURSUANT TO THEBEVERAGE CONTAINER RECYCLING CITY/COUNTYPAYMENT PROGRAM OF THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY”, was approved. Recommended Action Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to submit and execute applications, agreements, and annual reports for the purpose of securing Beverage Container Recycling City/County Payment Program funds offered by the State of California Department of Resources Recycling and Recovery (CalRecycle) for a five-year period to implement new or enhance existing programs to clean-up the waste stream that includes beverage containers. MINUTES 3.D. Minutes for the City Council - Special Meeting - April 14, 2020, were approved. MINUTES 3.E. Minutes for the City Council - Regular Meeting - April 14, 2020, were approved. MINUTES 3.F. Minutes for the City Council - Special Meeting - January 26, DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 5 February 9, 2021 2021, were approved. MINUTES 3.G. Minutes for the City Council - Regular and Special Joint Meeting - January 26, 2021, were approved. DELIVERY ZONE PILOT 3.C. Authorization to Negotiate and Execute Joint License Agreement No. 11138 (CCS) with Automotus for Zero-Emissions Delivery Zone Pilot, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a joint license agreement with Automotus Corporation and the Los Angeles Cleantech Incubator for curb management services for the Zero-Emissions Delivery Zone Pilot, led by the Office of Sustainability & the Environment and the Mobility Division. Councilmember Brock pulled this item to ask questions of staff about the cameras and to make sure that the data is not being sold. Other questions asked and answered of staff included: how exactly is this going to work; how are the curb and zones going to work; how many parking spaces is this going to take out; is this pilot program, and if it is determined that it does not work, will it come back to Council for a determination; and, does the city verify that they are in compliance and that they are deleting the data. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote. AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None STUDY SESSION: 4.A. Third Street Promenade Stabilization and Economic Vitality Plan, was presented. Recommended Action Staff recommends that the City Council review and comment on the Third Street Promenade Stabilization & Economic Vitality Plan research and outreach efforts thus far to provide policy views on the emerging vision and timeline for re-imagining the Third Street Promenade. Members of the public Robert Resnick, Denise Barton, Juan Matute, Bill Tucker, Elana Christopoulous, Ericka Leslie, Laura Wilson, and, Lori Sasson spoke on the recommended action. DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 6 February 9, 2021 Questions asked and answered of staff and Downtown Santa Monica (DTSM) included: what was done 30 years ago to spark the vision for the Third Street Promenade; has there been a consensus from the business owners on what things should look like in the future; is the Promenade as a pedestrian street still viable, and should a small portion of that street become private; what role does the city need to take to encourage reinvestment; what is the makeup of the Downtown Santa Monica Board, and do property owners have a seat on the board; who currently is managing in the downtown area; does DTSM do any additional parking structure or alley way cleaning; are all of the streets in the downtown area public streets; what is the parameter of responsibilities for DTSM; what was the approximate assessment amount received by DTSM for 2019, and does that amount fluctuate from year to year; where can the city help DTSM to make sure that things are cleaner, safer, or is everything fine; if you have 35 different property owners trying to get the highest rent, for their individual property, what is the overarching vision engine that moves us towards a mix of uses that is synergistic and creates something of the whole that is greater than the individual parts, is that the role of DTSM; does DTSM have any say in who the building owners lease to; how do we get the property owner to take on a unique tenant over profit; to become more social, do we have to become more socialist to make a sacrifice for the greater good; what was the leasing strategy back when the Third Street Promenade originally formed; in trying to understand what we’re trying to figure out, are we looking for what the anchor tenant is going to be in 2040; how are we going to get community feedback, and what are the plans for resident engagement; are policy changes being considered as well as zoning and permit changes; curious where DTSM currently stands with the property owners and their contribution to this plan; what might be recommended as far as permitting; what is being done to reach down to a much younger age group, who will be the consumers of the future; are we doing anything to go into the schools to get their ideas; is there anyway to create a more cooperative environment for all to participate and be heard; and, does the city own property on the Promenade. Considerable discussion ensued on topics including, but not limited to: willingness to be open and think outside the box, allowing new ideas, including looking at different zoning and uses; need to figure out how to pull together the Promenade owners to work together; privatizing Third Street is not a good idea, it should remain a public street; bring back music and movement in any way would be great; smaller boutique stores of variety; different themes throughout the promenade to encourage interaction and experiences for visitors; being flexible to continue growing and evolving; the youth is critical, and ensuring safety for the youth and families; it needs to be more diverse; focus on resident input; make sure there’s something for everyone, regardless of cost; have cultural and variety spaces, maybe a Plaza; allow things to happen organically in the public DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 7 February 9, 2021 space; comedy, farmers market, a makers market to encourage vendors to bring and sale things that they make; bring in technology, maybe add colorful lights to create different settings; maybe have a balcony setting throughout with dining; add housing, schools, grocery stores; add more green space to the Promenade; residents have to be part of this process, and not just those on DTSM; artistic and creative uses could be useful for the downtown as well as the alleys; extend the area to 5th and Lincoln; needs to have an open space, with more seating, and more inviting; needs to make sure everyone feels safe when visiting; hotels need to be involved in the decision making as partners; needs to reclaim our city’s sense of place; downtown needs to reflect the beach town of Santa Monica; look at more authentic public places; creating more entertainment space means it will bring in more people; building a more locally, authentic Promenade, including helping those smaller businesses get started through banking, loans, and capital to help create better economics; the more people who come to the Promenade, the safer it will be; make it an open air, shopping, artistic, entertainment space; create more engagement for visitors in order to create an interactive experience; and, to be positive about this process. COUNCILMEMBER DISCUSSION ITEMS: DISABILITIES COMMISSION 13.A. Recommendation to accept Kelly Siegel's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was presented. There were no public speaks for this item. Motion by Councilmember McKeown, seconded by Councilmember Brock, to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None COUNCIL MEETING TIMES 13.B. Request of Councilmember Brock for staff to return with proposed changes to the Council rules that: (a) set a separate regular meeting schedule for study sessions distinct from the regular meeting schedule for council meetings, for example, set the regular meeting time for study sessions at 2:30 pm on the day of regular evening council meetings; and (b) set a separate regular morning meeting schedule for closed sessions rather than as now having closed session immediately precede the open session of regular council meetings, was presented. Members of the public Matt Neco, John Katz Jeremy Arnold, and, Jonah Breslaw spoke on the recommended action. DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 8 February 9, 2021 Considerable discussion ensued on topics including, but not limited to: having meetings during the day, limits public participation, as well as it would limit who could serve on the Council; this is more about managing the agenda, and making meetings more efficient; maybe move larger, more important items to a separate meeting in order to allow members of the public to participate without having to wait too long. After considerable discussion, Councilmember Brock withdrew his item. SB 9 Mayor Himmelrich was excused at 10:54 p.m. 13.C. Request of Councilmembers Brock, Parra, and de la Torre that Council authorize the Mayor to sign a letter of opposition to SB 9 to be sent to Senator Atkins and direct staff to reinforce opposition to this bill through lobbying efforts in Sacramento, was presented. Mayor Himmelrich recused herself from this item, for reasons she stated earlier in the meeting. Members of the public Carl Hansen, and Kathy Knight spoke on the recommended action. Considerable discussion ensued on this topics including, but not limited to: opposition to this bill is based on that there is no affordable housing in this bill; how many units could be allowed on a parcel; and, concern about making decisions on single bills, could weaken our ability to effectively lobby in the future. Motion by Councilmember Brock, seconded by Councilmember Parra, to approve the recommendation. Councilmember McKeown, proposed a friendly amendment to add the language “oppose this bill, as written.” The motion was considered friendly by the maker and the seconder. The motion, as amended was approved by the following vote: AYES: Councilmembers Parra, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan NOES: Councilmember Davis ABSENT: Mayor Himmelrich SB 10 13.D. Request of Councilmembers Brock, Parra, and de la Torre that Council authorize the Mayor to sign a letter of opposition to SB 10 to be sent to Senator Wiener and direct staff to reinforce opposition to this bill through lobbying efforts in Sacramento, was presented. DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 9 February 9, 2021 There were no public speakers for this item. Questions asked and answered include, is it true that the city doesn’t have to do anything, and that city has the option to opt-out to enact this, and does CEQA go away, if this passes. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommendation. Councilmember McKeown, proposed a friendly amendment to go on record to say opposed this bill, as written. The motion was considered friendly by the maker and the seconder. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to propose a substitute motion to authorize a letter that supports SB10, with the following specific amendments: 1) includes exemptions for residential parcels in the zoned R2, or more densely, if they have been occupied anytime within the previous 5 years; 2) that it exempts designated vulnerable communities; 3) that it has exemptions for parcels that include landmark resources; 4) that includes exemptions for open space through initiative or are held by conservancies or land trust; and, 5) that it explicitly does not supersede local initiatives to protect or promote affordable housing, such as Rent Control, or provisions that require reasonable inclusion of deed restricted affordable units in market rate projects. Councilmember McKeown proposed amended language to the substitute motion #5 to say, it would override only those initiatives not adopted by voters prior to January 1, 2021. The amendment was considered friendly by the maker and the seconder. The substitute motion failed by the following vote: AYES: Councilmember Davis, Mayor Pro Tem McCowan NOES: Councilmembers Parra, McKeown, Brock, de la Torre ABSENT: Mayor Himmelrich The main motion, as amended was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Parra, Mayor Pro Tem McCowan NOES: Councilmember Davis ABSENT: Mayor Himmelrich CITY MANAGER RECRUITMENT 13.E. Request of Mayor Himmelrich, Councilmember Davis, and Councilmember de la Torre that Council direct staff to retain Lamont Ewell of Ralph Andersen & Associates to provide executive search DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7 10 February 9, 2021 Mayor Himmelrich returned at 12:12 a.m. services for the position of City Manager for the City of Santa Monica, was presented. Members of the public Laura Wilson, and Denise Barton spoke on the recommended action. Motion by Mayor Himmelrich, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PUBLIC INPUT: Member of the public Jonathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:32 a.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 0083FA1A-1274-42BA-AA5D-C10A7A4209C7