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m20210223.pdf 1 February 23, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 23, 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 23, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/cszxpsxv 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 Members of the public Matt Neco and David Whatley commented on closed sessions. On order of the Mayor, the City Council recessed at 5:37 p.m., to consider closed sessions and returned at 6:31 p.m., with all members present, except Councilmember Brock. The City Council took a moment of silence to acknowledge and remember the 500,000 lives lost as a result of the COVID pandemic. The Interim City Attorney reported the following: 1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): Jad Alrabadiv. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 18STCV0895 The Interim City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 2 February 23, 2021 Councilmember Brock returned at 6:34 p.m. 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jeanette Simington v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCV41920. The Interim City Attorney advised the Plaintiff seeks damages after being injured by a pencil-sized wood shard that punctured and became lodged in her foot just below her ankle bone while walking on the Santa Monica Pier on February 18, 2019. The City does not admit to the allegations in the lawsuit, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $24,500. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement Agreement No. 11139 (CCS), in the amount of $24,500. 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 1.C. 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 in this subrogation action, an insurer seeks to recover claimed repair and other costs resulting from damage alleged to have been caused by a January 16, 2019 accident in which an SMPD vehicle crashed into a residence at 21110 Pacific Coast Highway. The City does not admit to the allegations, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $60,000. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to approve Settlement Agreement No. 11140 (CCS), in the amount of $60,000. 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 1.D. Conference with Labor Negotiators: Government Code Section 54957.6 – Agency Designated Representatives: Chief People Officer Lori Gentles and Human Resources Manager Shawn Weiske. Bargaining Units: International Association of Sheet Metal, Air, Rail, DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 3 February 23, 2021 and Transportation Workers, Transportation Division Local 1785 (SMART TD); Fire Executive Management Association (FEMA). The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report - Community & Economic Recovery: A Shared Santa Monica Identity, was presented. Members of the public Greg Morena, Kathleen Rawson, Misti Kerns, and Marc Verville commented on the item. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Judy Abdo, Denise Barton, and Ellen Mackey commented on various Consent Calendar items. At the request of staff, Item 3.C. was pulled to separate the recommendation and authorize the City Council to approve the City investments, with the understanding that the Special Authority will be heard at a later date to approve the Successor Agency investments. At the request of Councilmember Brock, Items 3.A. and 3.C. were removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Mayor Pro Tem McCowan, to approve the Consent Calendar except for Items 3.A and 3.C., 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 DESALINATION 3.B. Adoption of Resolution No. 11317 (CCS) entitled “A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO CALIFORNIA STATE DEPARTMENT OF WATER RESOURCES WATER DESALINATION GRANT PROGRAM AGREEMENTS FOR THE SANTA MONICA SUSTAINABLE WATER INFRASTRUCTURE PROJECT AND CITY OF SANTA MONICA BRACKISH DESALTER PRODUCTION EFFICIENCY ENHANCEMENT PROJECT, AND ANY AMENDMENTS THERETO”, was adopted. Recommended Action DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 4 February 23, 2021 Staff recommends that the City Council: 1. Adopt the amended resolution to authorize the City Manager to execute all necessary documents to accept a $10 million water desalination grant from the California Department of Water Resources’ Water Desalination Grant Program for the Arcadia Water Treatment Plant Production Efficiency Enhancement Project and accept all grant renewals; and 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. 1514 PRINCETON STREET 3.D. Adoption of Resolution No. 11318 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP FOR PARCEL NO. 74057 TO SUBDIVIDE A PROPERTY AT 1514 PRINCETON STREET”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 74057 for the property located at 1514 Princeton Street. UNIFORM PURCHASE 3.E. Award Bid No. 4402 to Uniform Warehouse Inc. for the Purchase of Uniforms and Protective Gear, was approved. Recommended Action Staff recommends that City Council: 1. Award Bid #4402 to Uniform Warehouse Inc. for the purchase and delivery of Police Department uniforms and protective gear. 2. Authorize the Procurement Manager to issue a purchase order with Uniform Warehouse Inc. for the purchase and delivery of Police Department uniforms and protective gear in the amount of $106,500 for one year, with four additional one-year renewal options to extend on the same terms and conditions for a total contract amount not to exceed $545,376 (includes 3% increase in Year 3 and Year 5), with future year funding contingent on Council budget approval. WATER SUSTAINABILITY 3.F. Adoption of Resolution No. 11319 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT FOR GRANT FUNDING FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S LOCAL RESOURCES PROGRAM FOR SUSTAINABLE WATER MASTER PLAN PROJECTS, AND ANY AMENDMENTS THERETO” And Enter Into Agreement No. 11141 (CCS) to receive funding from the Metropolitan Water District of Southern California's Local Resources Program, was adopted. Recommended Action DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 5 February 23, 2021 Staff recommends that the City Council: 1. Adopt the attached resolution to authorize the City Manager to execute all necessary documents to receive funding from Metropolitan Water District of Southern California’s Local Resources Program; 2. Authorize the City Manager to execute an addendum to the Initial Study and Mitigated Negative Declaration for the Sustainable Water Infrastructure Project to add Metropolitan Water District of Southern California as a project partner; and 3. Authorize the City Manager to execute an addendum to Initial Study and Mitigated Negative Declaration for the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project to add Metropolitan Water District of Southern California as a project partner. 1319 CENTINELA AVENUE 3.G. Adoption of Resolution No. 11320 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL TRACT MAP FOR TRACT NO. 67527 TO SUBDIVIDE A PROPERTY AT 1319 CENTINELA AVENUE”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution accepting and approving Final Tract Map No. 67527 for a six-unit condominium project at 1319 Centinela Avenue. AMICUS BRIEF 3.H. Authorization to Join in Amicus Brief in Support of Petitioners in Sanchez, et al. v. Mayorkas, et al., United States Supreme Court, No. 20-315, was approved. Recommended Action Staff recommends that City Council authorize the City to sign on to an amicus brief to be filed by Los Angeles County and joined by other cities and counties nationwide in support of the petitioners’ position in Sanchez, et al. v. Mayorkas, et al., United States Supreme Court, No. 20-315. MINUTES 3.I. City Council Minutes - Regular Meeting - February 9, 2021, were approved. MINUTES 3.J. City Council Minutes - Regular Meeting - March 10, 2020, were approved. MARINE PARK 3.A. Authorization to Negotiate and Execute Design/Build Agreement No. 11142 (CCS) with Landscape Structures, Inc. for the Marine Park Playground Safety Upgrades Project, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager to DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 6 February 23, 2021 negotiate and execute an agreement with Landscape Structures, Inc. for the design, purchase of equipment, and installation of an inclusive playground at Marine Park for the Community Services Department. This recommended award is made as an exception to the competitive bidding process, pursuant to Section 2.24.250(c), and is for an amount not to exceed $1,200,000 (including a 10% contingency) for two years with a one-year renewal option. Councilmember Brock pulled this item to ask questions of staff including: did Landscapes Structures, Inc. pursue any potential grants, or were any other grants pursued to fund this contract; if not, staff should go back to see if the city can get some additional discounts; and, has all safety measures been taken to ensure that no chemicals are being used in the playground equipment. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Noes ABSENT: Noes CITY INVESTMENT POLICY 3.C. Annual Update on City Investment Policy Recommended Action, was presented. Staff recommends that the City Council: 1. Review and approve the City’s revised Investment Policy; and, 2. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2021 through February 28, 2022. Staff also recommends that the Successor Agency Governing Board: 1. Review and approve the City Investment Policy for Successor Agency Investments; and, 2. Extend investment authority to the Treasurer of the Successor Agency, from March 1, 2021 through February 28, 2022. Because the Special Joint meeting was not properly noticed, staff requested this item be pulled to only consider the City Council investment, and to come back on March 9th with the Successor Agency investments. Councilmember Brock pulled this item to ask questions of staff, including, how is the investment policy approved, and what is it, and how much do we have in our investment funds. Motion by Councilmember Brock, seconded by Councilmember DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 7 February 23, 2021 McKeown, to review and approve the City’s revised Investment Policy; and extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2021 through February 28, 2022. 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 STAFF ADMINISTRATIVE ITEMS: HOMELESSNESS 8.A. Efforts to Address Homelessness including Local and Regional Strategies, was presented. Recommended Action Staff recommends that the City Council: 1. Affirm the City’s existing strategies to address homelessness in our community. 2. Affirm continuation of the City’s recent, added strategies to address homelessness, including Multidisciplinary Street Teams and Park Ambassadors, for consideration in the FY2021-23 biennial budget process. 3. Confirm that potential projects listed in “Four Pillars Roadmap – Next Steps” (Attachment G) align with Council’s vision for a safe and healthy Santa Monica, identify Council’s 3-5 top priorities among those projects, and direct staff to assess feasibility and develop cost estimates for priority projects for Council consideration during the FY2021-23 biennial budget process and direct staff to return with cost estimates for additional projects should these become feasible and further resources become available. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to open the phone lines for an additional 15 minutes to allow additional public speakers. 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 Members of the public Bill Parent, Ericka Lesley, Denise Barton, Teresa Marosco, Tara Barauskas, Lori Delgado, Natalya Zernitskya, Leonore Kamner, Marc Verville, Laura Wilson, Sanah Chung, Olga Zurwaska, Matt Neco, Laura Sesson, Peter Tren, Ann Thanawalla, and Shannon Yoshikawa spoke on the recommended action. Questions asked and answered of staff included, but not limited to: can DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 8 February 23, 2021 staff give a run down of what if’s, including going against some of the constitutional laws; are there such things as loitering laws in California; if we wanted to open the parking lot that’s closest to City Hall, would that be a possible alternative if we closed the parks at night; when residents see illegal behaviors, what is the best recommendation we can give to residents so that they can report or get resolution on those crimes; if someone videotapes a crime, are officers advised to take those videos as evidence to help with prosecution; is there accountability for vendors; when complaints about providers are received, what steps does the city take; asked for a brief update on SAMO Shell status; does decompression mean all shelters had to reduce the amount of capacity at their shelters; what is the status of Parking Structure 3 possibly becoming an affordable housing complex, and, are projects not able to move forward due to lack of staffing as a result of budgeting and COVID; if someone calls for a non-urgent matter, what’s the average response time; what can the Police do to alleviate residents concerns with illegal activities amongst the homeless, and help residents feel protected; is there a way to get an emergency station at Chess Park, and are they effective, do they work; how often are homeless provider vendors sent out to RFP or bid; are all other local service providers being considered; is the city looking for different approaches, or are we stagnate; how can we make sure that we have big robust presence and provide services in the evening; is this the worse homeless crisis we’ve seen in San Monica; is this just an additional thing to what we are already doing, if we lose the multidisciplinary street team, are we sure that this is as effective; do we have data that shows if there is any benefit to driving people out of our city to someplace else; what do services and outreach look like Mon – Friday, weekdays; what type of programming is available, is it not easy to find; what is the city doing to implement programming for the homeless community in Santa Monica; what would it take to extend rental assistance; has behavioral triage centers worked in other communities; what successful program has been seen that has been proven to make a difference over a period of time; what brings more homeless to Santa Monica; how many people in Santa Monica have been homeless for a shorter period of time, and would that make a difference to provide them with services; what are some of the more successful programs that have worked in other cities that we could duplicate here, without having to create a pilot program; what percentage of our homeless population is made up of Veterans; does the VA have any crisis teams that go out into the community to help Veterans; should the city be looking at other teams to get better results, or are the teams in place doing above and beyond; if the C3 Teams are doing great, can we use them for more hours; are the homeless service providers required to be evaluated from outside sources; can more information be provided on alternative non-congregate shelters; and, how much are those Department of Mental Health vans. Motion by Councilmember McKeown, seconded by Councilmember Davis, DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 9 February 23, 2021 to affirm the four pillars that guide the City’s strategies to address homelessness in our community; and, to affirm continuation of the City’s recent, added strategies to address homelessness, including Multidisciplinary Street Teams and Park Ambassadors, for consideration in the FY2021-23 biennial budget process. 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 Motion by Councilmember Parra, seconded by Councilmember Brock, to confirm the potential projects listed in “Four Pillars Roadmap – Next Steps” (Attachment G) align with Council’s vision for a safe and healthy Santa Monica, identified Council’s 4 top priorities among those projects, 1) Emergency Rental Assistance, 2) Alternative Non-Congregate Shelter, 3) Behavioral Health Triage Center, and 4) Low Acuity Crisis Response; and, direct staff to assess feasibility and develop cost estimates for priority projects for Council consideration during the FY2021-23 biennial budget process and direct staff to return with cost estimates for additional projects should these become feasible and further resources become available. 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 AGENDA MANAGEMENT Motion by Mayor Himmelrich, seconded by Councilmember Davis, to hear Item 13.B. before 13.A. to allow Mayor Pro Tem McCowan an opportunity to leave the meeting a little early. TRAFFIC CIRCLE PROPOSAL 13.B. Request of Mayor Pro Tem McCowan that staff develop a proposal to designate the traffic circle near Euclid Court and Michigan Avenue as Brunson Circle to honor the legacy of Donald Brunson, the first known Black child born in Santa Monica and an accomplished member of the Santa Monica community, was presented. There were no members of the public for this item. Motion by Mayor Pro Tem McCowan, seconded by Councilmember Brock, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 10 February 23, 2021 Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: HOUSING Mayor Pro Tem McCowan was excused at 12:26 a.m. 13.A. Request of Mayor Himmelrich, Mayor Pro Tem McCowan, and Councilmember McKeown that the Council direct staff, in preparation for the Housing Element, to 1) explore options for locally controlled zoning whereby housing opportunities are expanded, including housing affordable to moderate-income families and individuals, and resultant increases in land value are captured by the community to guarantee significant truly affordable deed-restricted lower- income housing production; 2) ask all public entities to review highest/best use for their current properties throughout Santa Monica and specifically demand that the State of California commit the DMV site at Cloverfield and Colorado as a suitable site for deed-restricted affordable housing development in Santa Monica’s housing element; 3) explore options to prohibit altogether, or to at a minimum strongly disincentivize, commercial development on sites suitable for residential development in Santa Monica; and 4) incorporate into the Santa Monica Zoning Code the provisions of SB 899 (2019-2020), which would make it easier for congregations and non-profits to build affordable housing on their properties, was presented. Members of the public Denise Barton and Jonathan Foster, spoke to the recommended action. Motion by Councilmember McKeown, seconded by Mayor Himmelrich, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Himmelrich NOES: None ABSENT: Mayor Pro Tem McCowan COMMISSION FOR THE SENIOR COMMUNITY 13.C. Recommendation to accept Lynn Strother's resignation from the Commission for the Senior Community and authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Himmelrich, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Himmelrich DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D 11 February 23, 2021 NOES: None ABSENT: Mayor Pro Tem McCowan PUBLIC INPUT: Members of the public David Whatley and Laura Wilson commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:01 a.m. in memory of John Guerrero. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 0FA64F02-6B1C-4AB1-9C7B-E734F53E687D