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m20210309.pdf 1 March 9, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 9, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:34 p.m., on Tuesday, March 9, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/bhgtxxge Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Oscar de la Torre (arrived at 6:40 p.m.) 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 5:34 p.m., with all members present except Councilmember de la Torre. MEETING MANAGEMENT Motion by Councilmember Brock, seconded by Councilmember Davis, to pull Item 7.D. from the agenda. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre Councilmember Brock provided the following statement as to why he pulled the item. “I am astounded, frankly, that a small adjustment to the residential noise ordinance that I requested in mid December as a result of requests from Sunset Park residents who could not have peace and tranquility in their purely residential neighborhood morphed into an overarching anti protest ordinance revision that affects the entire city. On top of which, it DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 2 March 9, 2021 became an urgency ordinance revision. I resent that my specific, targeted method of helping our families in their homes at night became a ploy to change the rules of noise, protests, and the implements that protesters might utilize in the whole city. While those revisions may be necessary in light of the events of the past year both here and around the nation it was improper to add this to the narrowly crafted item 13 Councilmember Parra and I introduced at the meeting of December 15th. I request that you return with a staff report that addresses our 13 item and that the report is issued at least two weeks before it is placed on the agenda so the council members who requested the neighborhood noise ordinance have a chance to review it. Whether staff meant to imply that I was the enemy of the 1st amendment or not, I can assure you that I am firmly in the corner of free speech. I further request that the additional items that were placed into 7.D. be molded into a separate urgency motion if desired by our public safety departments. Finally, as a simple courtesy, this is now the third time since I was sworn in that I have failed to see staff and council members communicate with each other regarding matters of mutual interest. It would have seemed to me that items within 7.D. that came as a result of a 13 item could have been discussed with the makers. I do not appreciate, nor do others, being left out to dry in front of the public.” CLOSED SESSIONS Councilmember de la Torre joined at 6:40 p.m. There was no public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:41p.m., to consider closed sessions and returned at 6:42 p.m., with all members present, 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): Jad Alrabadi v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 18STCV08958. The Interim 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): Nathan v. City of Santa Monica, Los Angeles Superior Court, Case No. 19STCV30751. The Interim City Attorney advised the complaint in this case DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 3 March 9, 2021 alleges that the Plaintiff, 70-years old at the time, suffered a tear of his rotator cuff, a chipped tooth, and numerous bruises when he tripped on a sidewalk displacement on California Avenue that constituted a dangerous condition. 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 $25,000. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve Settlement Agreement No. 11145 (CCS), in the amount of $25,000. 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): Stewart v. City of Santa Monica, Los Angeles Superior Court, Case No. 20STCV21038. The Interim 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 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. 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John Doe #1, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV36226; John Doe #1 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV39505; John UA Doe, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 4 March 9, 2021 Angeles Superior Court, Case No. 20STCV43543; John AI Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV44059; John Doe #7, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV46215; John PS Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV48207; John FM Doe, et al. v. Roe #1, Roe #2, et al., Los Angeles Superior Court, Case No. 20STCV49643; John UN Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV00968; John OQ Doe, et al. v. Santa Monica PAL, City of Santa Monica, et al., Los Angeles Superior Court, Case No. 21STCV04365. The Interim City Attorney advised this matter was heard with no reportable action taken. REPORT ON MEETING COMPENSATION Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency. CONSENT CALENDAR: There being a Consent Calendar for Council and the Redevelopment Successor Agency, the Mayor, with the consensus of the Councilmembers, convened to a joint meeting at 6:46 p.m., and the two Consent Calendars were heard concurrently, with all Agency/Councilmembers present.  All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Matt Neco and Denise Barton commented on various Consent Calendar items. At the request of Councilmember Brock, Item 3.A. was removed from the Consent Calendar. Motion by Agency/Councilmember McKeown, seconded by Agency/Councilmember Brock, to approve the Consent Calendar except for Item 3.A., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency/Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Chair/Mayor Pro Tem McCowan, Chair/Mayor Himmelrich NOES: None DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 5 March 9, 2021 ABSENT: None PARKING STRUCTURES 3.B. Approval of Third Amendment to Parking Lease Agreement No. 11143 (CCS) with Macerich, was approved. Recommended Action Staff recommends that the Council authorize the City Manager to enter into a Third Amendment to Agreement for the Lease, Operations and Maintenance of Parking Facilities with Macerich SMP LP in order to: (1) Authorize Macerich to negotiate and enter into short-term license agreements, subject to City approval, to permit pop- up activities at Parking Structures 7 and 8 over the next 18 months; and, (2) Approve the installation of six (6) new electrical vehicle Tesla superchargers at Parking Structure 7 on Level 5. SANTA MONICA TRAVEL AND TOURISM 3.C. Approval of Santa Monica Travel and Tourism's (SMTT) receipt of Loan from Paycheck Protection Program, was approved. Recommended Action Staff recommends that the City Council approve the Santa Monica Travel and Tourism’s receipt of a $406,253.70 loan from the Paycheck Protection Program. REDEVELOPMENT SUCCESSOR AGENCY SPECIAL MEETING OF THE REDEVELOPMENT SUCCESSOR AGENCY CITY INVESTMENT POLICY 3.D. Annual Update on City Investment Policy, was approved. Recommended Action Staff 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. MINUTES 3.E. Minutes for Redevelopment Successor Agency meetings, were approved. Recommended Action Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 15, 2020 and January 12, DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 6 March 9, 2021 2021 meetings. ADJOURNMENT OF SPECIAL MEETING LABOR RELATIONS 3.F. Adoption of Resolution No. 11321 (CCS) entitled “A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF UNDERSTANDING WITH THE FIRE EXECUTIVE MANAGEMENT ASSOCIATION AND THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS – TRANSPORTATION DIVISION, LOCAL 1785”, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt the proposed Resolution (Attachment A) accepting the tentative agreements reached with the Fire Executive Management Association and the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division, Local 1785. SOCIAL MEDIA 3.G. Award Bid and enter into Agreement No. 11144 (CCS) with Fivecast Corporation for Social Media Awareness Software, was approved. Recommended Action 1. Award Bid #281 to Fivecast Corporation for the purchase of social media awareness software for the Santa Monica Police Department. 2. Authorize the City Manager to negotiate and execute a contract with Fivecast Corporation for social media awareness software in the amount not to exceed $65,500 for one year, with two additional one-year renewal options in the amount of $65,500 on the same terms and conditions for a total amount not to exceed $196,500 over a three-year period, with future year funding contingent on Council budget approval. MINUTES 3.H. Minutes of City Council - Regular Meeting - April 28, 2020, were approved. MINUTES 3.I. Minutes of City Council - Regular Meeting - February 23, 2021, were approved. DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 7 March 9, 2021 RECESS OF THE  REDEVELOPMENT  SUCCESSOR AGENCY  On order of the Chair/Mayor, the special joint meeting with the  Redevelopment Successor Agency was recessed at 7:20 p.m., and the regular meeting of the City Council was reconvened, with all members present.  CAPITAL PROJECTS 3.A. Adoption of Resolution No. 11322 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, THE CITY ENGINEER, AND THE CAPITAL PROGRAM MANAGER TO SIGN NOTICES OF COMPLETION IN ADDITION TO THE CITY MANAGER”, was presented. Recommended Action Staff recommends that City Council: 1. Repeal Resolution 3728 (Attachment A) which authorizes the Director of Public Works to sign notices of completion in addition to the City Manager. 2. Adopt the attached resolution (Attachment B) to authorize the Director of Public Works, City Engineer, and Capital Program Manager to sign Notices of Completion in addition to the City Manager. Councilmember Brock pulled this item to ask the question of staff, does our internal processes take too long, and is this a management issue. He is concerned that adding more people to the signature process, if that is really going to speed up the process or will slow down the projects instead. Is the system not working now, or is there something else that should be done in the system instead of just giving more people authorization. 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: None ABSENT: None ORDINANCES: ZONING 7.A. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2663 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO TEMPORARILY PROHIBIT NON-RESIDENTIAL USES DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 8 March 9, 2021 CITYWIDE AND SINGLE-UNIT DWELLINGS IN COMMERCIAL ZONES TO PRESERVE POTENTIAL HOUSING SITES IN PREPARATION OF THE 6TH CYCLE HOUSING ELEMENT”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance temporarily prohibiting, with some exceptions, non-residential development citywide and single-unit dwellings in commercial zones. Members of the public, Noelani Derrickson, Denise Barton, Matt Stoffer, and Paula Larmore spoke to the recommendation. Questions asked and answer of staff included: does the current proposal as worded cover the Tesla lot in the exemption; how has the recommendation changed; is there a legal reason that this site is not being considered for housing; are there other sites in the city that could be considered for housing that are not covered under this recommendation; is therea reason that there is more commercial than residential that fall under this ordinance; why are we doing this interim zoning ordinance; during this period, if there are some commercial parcel that are considered suitable sites, can they just be taken off after the Housing Element is approved; any reason to believe any of the auto dealerships are likely to turnover during the pendency of the Housing Element; if automobile row is exempted, that wouldn’t stop a dealership from building housing, would it; if adapted units were built, would that count to the RHNA numbers; how long is it anticipated that staff would need past the 45 days to complete the Housing Element; explain the industrial conservation district, and is staff looking into the issue of gentrification; what are all the dates mentioned, and when does the actual ordinance expire; is this like spot zoning; are we deceasing the economic vitality over the long run; if we know already that we’re going to have to wait until the Housing Element is approved, why is this interim ordinance only for 45 days; how are the suitable sites determined, and will those maps be available for viewing; what does the preliminary inventory report of potential sites include; would a current dealership be limited under their floor average ratio (FAR) based on the current buildings on their site; are we freezing these landlords ability to change their property in the long-term; how would these dealerships be able to change their uses more easily; how many projects are pending review, and how many have approved permits; does Tesla own or are they leasing the lot; for changes in use, could a warehouse that is DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 9 March 9, 2021 currently used for housing change its use to commercial, and why was that included; if auto row was exempted, how many sites would that effect; what changes to the staff recommendation would it take to capture more of the properties that have already been somewhat into the process; is it true that most of the housing developed in the fifth cycle of RHNA, occurred on sites that had not even been identified in the suitable sites inventory; how many sites that weren’t on the list were developed with house; and, if a site is not included in the inventory, can it still be used for housing. Motion by Councilmember McKeown, seconded by Mayor Himmelrich, to adopt the emergency interim ordinance, reading by title only and waiving further reading thereof, with a change in the applicability to remove the application for a Planning entitlement. The Interim City Attorney read into the record the proposed change to the ordinance: Section (b) Applications for Projects in Progress. For projects that do not require a planning entitlement, any application for a building permit, including plan check, determines completed on or before January 12, 2021. Councilmember Davis, proposed a friendly amendment to exempt dealerships from the ordinance. The motion was not considered friendly by the maker. Substitute motion by Councilmember Davis, seconded by Councilmember Brock, to adopt Councilmember McKeown’s motion, but to add an additional exception for parcels located on Santa Monica Blvd. between Lincoln and 20th, where the current uses is an automotive dealership or some ancillary use. Councilmember Davis proposed an amendment to her substitute motion to exclude any parcels pending development agreements. The motion was considered friendly by the seconder. 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 DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 10 March 9, 2021 SHARED MOBILITY 7.B. Introduction and First Reading of Ordinances Extending the First Shared Mobility Device Pilot Program, Repealing the Second Pilot Program, and Amending SMMC to Remove Prohibition of Class I and Class II E-bikes on the Beach Bike Path, was presented. Recommended Action Staff recommends that the City Council: 1) Introduce for first reading the proposed ordinance that: (a) amends Santa Monica Municipal Code Section 3.21.090 to extend the maximum term of the first Shared Mobility Device Pilot Program from April 30, 2021 to March 31, 2022; (b) repeals Section 3.22 of the Santa Monica Municipal Code relating to a second Shared Mobility Device Pilot Program; and (c) amends Santa Monica Municipal Code Section 3.12.600 to remove the prohibition of Class I and Class II electric bicycles on the Beach Bike Path. 2) Direct staff to solicit and negotiate a contracted model for shared mobility services in Santa Monica and direct staff on outcome priorities to guide the contract negotiation process. Councilmember de la Torre read for the record “On March 2, I received from the Santa Monica Climate Action Steering Committee an email in support of Santa Monica’s shared mobility program. I responded to the email with the following: “Thank you for your email. Would CASM be open to supporting a study of methane emissions etc at Gandara Park.” When I sent this response, I mistakenly sent it “reply all” which meant that my response went to all of the other Councilmembers. My responsive email has been attached to the agenda with respect to this item, and I am disclosing this now so that my email communication that mistakenly went to all of the other councilmembers can be part of the open and public discussion of this agenda item. Following my email, I did not discuss this agenda item with any other councilmembers.” After this I will explain that the email reply all could potentially violate the Brown Act, but that I believe the disclosure of the contents of the email and the ability of both the public and other councilmembers to discuss and consider it as part of the open session public comment and discussion on this item cure any Brown Act violation.” Members of the public Tim Harter, Matt Neco, Kevin Hernandez, Colin Hughes, Phuong Bui, Daniel Bezinovich, DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 11 March 9, 2021 Marc Danary, Mika Ohiorhenuan, and, Paul Vizcaino spoke to the recommended action. Questions asked and answered of staff included: why the delay to go with contracts with these companies and how soon will those contracts get executed; moving from a permit to contract process, will it increase the city’s liability; how fast do scooters go; what are the differences between the first and the second pilot, and has there been any upgrades in technology over the past three years since the first pilot began; if there was more competition, would that reduce the price for the end user; how many current operators would be included in the extended pilot, and how do we expand them; are we tracking the injuries and liabilities that these companies are responsible for; how does the city get paid for each use; does staff envision discounts for residents; in terms of safety, can the city mandate helmets; what is the minimum age for riders; why is the RFP and contract process going to take 11 months; does it make sense to put out the RFP to see if there are more than two companies out there before making the decision to only go with two operators; are we able to give preference to businesses invested in the city; could speed be reduced using geofencing or other means; what are we doing to make sure that these companies follow the enforced rules and laws, and are good neighbors to our residents; does the cost recovery cover the city’s enforcement cost; if the e-scooter sharing companies aren’t policing themselves, shouldn’t we be getting more money for enforcement or boot them out of the pilot; is there a way to get this process completed in less than 11 months; is it possible to institute speed limits or dismount zones; what is the legal requirement for the timing if direction is given to reopen the process to increase the number of vendors; how fast does a non-motorized bike go; how fast does a Class 1 and Class 2 bike go; how many accidents have there been between pedestrians and riders on the bike path; could full recovery cost for enforcement staffing be included for two or four operators as part of the contract; and, would there be a way to do a RFPprocess to solicit additional vendors in the second pilot program to be on-board by July. Considerable discussion ensued on topics including, but not limited to: expanding the number of vendors for competition during this pilot extension; have the process completed more expeditiously; extend pilot program until June 30, 2021, opposition to the contract model; and, maybe the transition to a new system should start in the late Spring, instead of the beginning of the summer. DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 12 March 9, 2021 Motion by Councilmember Brock, seconded by Councilmember de la Torre, to introduce for first reading the proposed ordinance that: (a) amends Santa Monica Municipal Code Section 3.21.090 to extend the maximum term of the first Shared Mobility Device Pilot Program from April 30, 2021 to June 30, 2021; (b) repeals Section 3.22 of the Santa Monica Municipal Code relating to a second Shared Mobility Device Pilot Program; and (c) amends Santa Monica Municipal Code Section 3.12.600 to remove the prohibition of Class I and Class II electric bicycles on the Beach Bike Path. The Interim City Attorney restated the proposed amendments to the ordinance to include: under the first Pilot Program 3.21.090 would be extended through June 30, 2021, and, amend the second Pilot Program to basically take effect so that permits issued pursuant to the second Pilot Program, Chapter 3.22, should take effect July 1, 2021 and be enforce no later than June 30, 2022, unless extended or terminated by the city. Then section 3.22.040 would have to be amended if there are more than three shared mobility operator permits. Mayor Himmelrich proposed a friendly amendment to not move forward with the RFP process until July 2023. The motion was considered friendly by the maker and seconder. The motion was restated, with the previous amendments, including expanding the pilot program from four operators instead of three, and a minor clean-up to move Mobility to Transit Services. Councilmember McKeown proposed a friendly amendment to change the end date for the second Pilot Program to March 2023. The motion was considered friendly by the maker and seconder. The motion, with amendments was approved by the following vote: AYES: Councilmembers Parra, McKeown, Brock, de laTorre, Mayor Himmelrich NOES: Councilmember Davis, Mayor Pro Tem McCowan, ABSENT: None FLOODPLAIN MANAGEMENT 7.C. Introduction and First Reading of an ordinance amending Santa Monica Municipal Code Chapter 7.68 Floodplain Management Regulations to Ensure Compliance with FEMA Guidelines, was presented. DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 13 March 9, 2021 Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Chapter 7.68 (Floodplain Management Regulations) to ensure compliance with the Federal Emergency Management Administration guidelines allowing property owners in Santa Monica the continued ability to purchase flood insurance through the National Flood Insurance Program. There was no public comment for this item. Question asked and answered of staff included, do we have any choice in this, isn’t it more ministerial. Motion by Mayor Himmelrich, seconded by Councilmember McKeown, 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 Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PUBLIC ASSEMBLY 7.D. Introduction and Adoption of an Urgency Ordinance Amending Provisions in Article 4 of the Santa Monica Municipal Code Relating to Community Events, Public Assemblies, Targeted Residential Protests, and Noise to Promote the Public Safety and Welfare, was pulled from the agenda by a vote of the Council. Recommended Action Staff recommends that City Council adopt an urgency ordinance amending provisions in Article 4 of the Santa Monica Municipal Code relating to community events, public assemblies, targeted residential protests, and noise to promote public safety and welfare. HERO PAY 7.E. Introduction and Adoption of Urgency Ordinance No. 2664 (CCS) entitled “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4.65.5 TO THE SANTA MONICA MUNICIPAL CODE TO IMPLEMENT HERO PAY FOR CERTAIN WORKERS PROVIDING ESSENTIAL SERVICES DURING THE COVID-19 PANDEMIC”, was presented. DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 14 March 9, 2021 Mayor Pro Tem McCowan was excused at 11:31 p.m. Recommended Action In accordance with prior Council direction, adopt an urgency ordinance adding Santa Monica Municipal Code Chapter 4.65.5 to implement hero pay for grocery and drug retail workers in accordance with the similar hero pay provisions adopted by Los Angeles County for unincorporated areas of the County. Mayor Pro Tem McCowan recused herself from this item because her husband is an employee of the United Freedom Commercial Workers International Union. She sought formal guidance from the FPPC, related to items that come before Council that pertains to UFCWI union members or their staff. Pending that guidance, out of an abundance of caution, she is recusing herself from this item. Councilmember Brock read for the record: “This morning, he received from the Santa Monica Quaker Meeting, CLUE Santa Monica/Westside Committee, an email in support of the Hero Pay ordinance. He responded to the email with the following: “My father was a retail clerk at Market Basket (Kroger owned) supermarket in Venice for 15 years and a shop steward for Local 1442. I will always support our supermarket employees.” When he sent this response, he mistakenly sent it “reply all” which meant that his response went to all of the other Councilmembers. It also went to the council meeting items mailbox, meaning that it has been attached to the agenda with respect to this item. He is disclosing this now so that his email communication that mistakenly went to all of the other councilmembers can be part of the open and public discussion of this agenda item. Following my email, he did not discuss this agenda item with any other councilmembers.“ Member of the public Cindy McQuade spoke to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt the urgency ordinance on first reading, reading by title only and waiving further reading thereof, with the change to move the grace period to a fixed date of April 12, 2021. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Himmelrich NOES: None ABSENT: Mayor Pro Tem McCowan DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46 15 March 9, 2021 COUNCILMEMBER DISCUSSION ITEMS: AFFORDABLE HOUSING Mayor Pro Tem McCowan returned at 11:45 p.m. 13.A. Request of Councilmember Davis that, in order to promote the creation of more affordable housing, Council direct staff to explore the possibility of using an affordable housing overlay such as the one adopted in Cambridge, MA or the one contemplated by Berkeley, CA. Staff may return to Council with the requested information/recommendation as part of the discussion relating to the housing element or as a separate item, as staff sees fit, was presented. Member of the public Natalya Zerniskya spoke in support of the recommended action. Motion by Councilmember Davis, seconded by Mayor Himmelrich, 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: Members of the public Denise Barton and Alan Shannahan, commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:00 a.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: C1E09114-FDB2-4A57-95CC-0B5BCD1D4A46