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m20210608.pdf 1 June 8, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 8, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m., on Tuesday, June 8, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/edyjsrgv Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Oscar de la Torre (arrived at 5:50 p.m.) Councilmember Christine Parra Absent: Councilmember Kevin McKeown 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 except Councilmember McKeown. CLOSED SESSIONS Councilmember de la Torre arrived at 5:50 p.m. There was no public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:37 p.m., to consider closed sessions and returned at 9:06 p.m., with all members present, except Councilmember McKeown to report the following: 1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Gerardo Leyva v. City of Santa Monica, Los Angeles Superior Court Case No. 21STCV02640. The Interim City Attorney advised that this plaintiff, a Santa Monica Police Department Officer, alleges failure to accommodate, discrimination, harassment, and retaliation based on his claim that for more than a year the City failed to accommodate his request for a doctor-recommended load bearing vest (instead of a standard issued utility belt) to allow him to safely carry out his duties following a DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 2 June 8, 2021 lower back injury. The City does not admit the allegations, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended a settlement in the amount of $185,000. Motion by Councilmember de la Torre, seconded by Councilmember Davis, to approve Settlement No. 11161 (CCS) in the amount of $185,000. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1495-M; Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE- 1507-M. 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); Unfair Practice Charge, Santa Monica Firefighters Local 1109 IAFF v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1514-M. 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); Unfair Practice Charge, Municipal Employees Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1510-M. 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 DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 3 June 8, 2021 Councilmember de la Torre excused at 8:00 p.m. Councilmember de la Torre returned at 9:06 p.m. Section 54956.9(d)(1): Mark Smith, et al. v. City of Santa Monica, Federal Aviation Administration, Docket No l6-16-02. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.F. 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 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; John Doe #17 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV07070; John Doe #18 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV08464. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.G. Conference with Legal Counsel – Anticipated Litigation – Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Threat of litigation by Santa Monica Police Officers Association relating to City’s denial of grievance seeking overtime pay for Lieutenants and Captains for the period 5/30/2020 to 6/13/2020. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.H. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: Interim DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 4 June 8, 2021 City Attorney George Cardona and Chief People Officer Lori Gentles; Bargaining Unit: Santa Monica Police Officers Association. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.I. Public Employee Appointment Title: City Manager The Mayor reported the Council is extending an offer of employment to René Bobadilla, pending negotiations. Motion by Mayor Himmelrich, seconded by Councilmember Brock, to approve hiring René Bobadilla as the City Manager, pending negotiations. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Davis ABSENT: Councilmember McKeown To show solidarity, Councilmember Davis changed her vote to Yes, making the vote unanimous in support of the appointment. 1.J. Public Employee Appointment Title: Interim City Manager (As Required to Address any Timing Contingencies) The Mayor reported that the city seeks to retain former City Manager John Jalili as Interim City Manager for a period of transition until and after the current Interim City Manager leaves the position on June 24th. Motion by Mayor Himmelrich, seconded by Councilmember Brock, to approve hiring John Jalili as Interim City Manager. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown AGENDA MANAGEMENT Mayor Himmelrich announced that staff has requested to pull item 3.A. from the agenda, to bring back for a future Council meeting. DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 5 June 8, 2021 Motion by Mayor Himmelrich, seconded by Councilmember de la Torre, to hear item 2.C. before the other Special Agenda Items. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown SPECIAL AGENDA ITEMS: 2.A. Recognition of retiring Councilmember Kevin McKeown, was presented. Members of the public Yossi Govrin, Denise Barton, Laura Wilson, John Katz, and Denny Zane spoke on this item. 2.B. City Manager's Report: Economic Recovery Task Force Update and Progress Report, was presented. There was no public comment on this item. 2.C. Proclamation Celebrating LGBTQ+ Pride Month, was presented. There was no public comment on this item. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There was no public commented on various Consent Calendar items. At the request of Councilmember Parra, Item 3.L., Councilmember Brock, Item 3.C., and Councilmember de la Torre, Item 3.H. were removed from the Consent Calendar. Staff requested Item 3.A. be pulled from the agenda. Motion by Councilmember Davis, seconded by Councilmember Brock, to approve the Consent Calendar except for Items 3.A, 3.C. 3.H. and 3.L., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 6 June 8, 2021 PARKING STRUCTURE #3 3.A. Award Bid #2610 and RFP #2610 for the Demolition of Parking Structure #3, was pulled at the request of staff. Recommended Action Staff recommends that the City Council: 1. Award Bid #2610 to AMPCO Contracting, Inc., to provide demolition construction services for the Demolition of Parking Structure #3 (PS3) Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute a contract with AMPCO Contracting Inc., in an amount not to exceed $2,552,566 (including a 15% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within the contract authority; 4. Award RFP #2610 to Arcadis for construction observation services for the Demolition of Parking Structure #3 Project; STREETLIGHT ASSESSMENT 3.B. Adoption of Resolution No. 11334 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JULY 13, 2021, TO HEAR ANY APPEALS, PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT COSTS FOR THE INSTALLATION OF NEW ORNAMENTAL STREETLIGHTS ON 10TH STREET BETWEEN CARLYLE AVENUE AND MARGUERITA AVENUE WITHIN THE CITY OF SANTA MONICA” and Resolution No. 11335 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JULY 13, 2021, TO HEAR ANY APPEALS, PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT COSTS FOR THE INSTALLATION OF NEW ORNAMENTAL STREETLIGHTS ON 25TH STREET BETWEEN IDAHO AVENUE AND WASHINGTON AVENUE WITHIN THE CITY OF SANTA MONICA,” were adopted. Recommended Action Staff recommends that the City Council adopt the attached resolutions setting a public hearing on July 13, 2021 to hear any appeals, protests and objections to the confirmation of assessment costs for the installation of streetlights in the following assessment districts: 1. District “A” – 10th Street between Carlyle Avenue and Marguerita Avenue; and 2. District “B” – 25th Street between Idaho Avenue and Washington Avenue. DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 7 June 8, 2021 HVAC SERVICES 3.D. Approval of First Modification to Contract 10669 with ACCO Engineered Systems for Heating, Ventilation, and Air Conditioning Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10669 in the amount of $450,000 with ACCO Engineered Systems for maintenance of City heating, ventilation and air conditioning (HVAC) systems and large-scale repairs. This will result in a five- year agreement with a new total amount not to exceed $1,949,064, with future year funding contingent on Council budget approval. ENERGY STORAGE UNITS 3.E. Authorization to Accept Cal OES Community and Power Resiliency Grant and Approve a Purchase Order with FreeWire Technologies, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $291,611 from the California Governor’s Office of Emergency Services (CalOES) for the procurement of emissions-free back-up generators for essential facilities for the Office of Sustainability and the Environment in the Public Works Department, and to accept all grant renewals; 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; 3. Authorize the Procurement Manager to issue a purchase order with FreeWire Technologies for four MobiGen energy storage units for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $291,150 with future year funding contingent on Council budget approval; and 4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. PLAN REVIEW SERVICES 3.F. Approval of Second Modification to Professional Services Agreement with JAS Pacific, Inc. for Seismic Retrofit Plan Review Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10637 (CCS) with JAS Pacific, Inc., for seismic retrofit plan review DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 8 June 8, 2021 services for the Community Development Department. This modification will extend the term by one year and will result in a four-year amended agreement. LA COUNTY SERVICES AGREEMENT 3.G. Adoption of Resolution No. 11336 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING A FIVE-YEAR RENEWAL OF THE CITY’S EXISTING GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES,” was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution to authorize the Mayor to execute a General Services Agreement (GSA) with the County of Los Angeles for a five-year period through June 30, 2026, covering a variety of services such as street maintenance and engineering, and emergency and health services. MINUTES 3.I. Minutes for the City Council - Special Meeting - May 23, 2021, were approved. MINUTES 3.J. Minutes for the City Council - Special Meeting - May 25, 2021, were approved. MINUTES 3.K. Minutes for the City Council – Special Meeting – May 26, 2021, were approved. EXPO BIKE PATH 3.C. Award Construction Contract Nos. 11162 (CCS) and 11163 (CCS) for 17th Street/SMC/Expo Bike Path Connection Project, was presented. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2484 to Access Pacific, Inc. for construction services for the 17th Street/SMC/Expo Bike Path Connection Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Contract No. 11162 (CCS) with Access Pacific, Inc. in an amount not to exceed $6,469,983 (including a 15% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; 4. Award Request for Proposals (RFP) #SP2484 to Psomas to provide construction management and observation services for the 17th Street/SMC/Expo Bike Path Connection Project; DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 9 June 8, 2021 5. Authorize the City Manager to negotiate and execute Contract No. 11163 (CCS) with Psomas in an amount not to exceed $709,170 (including a 10% contingency); and 6. Authorize the Director of Public Works to issue any necessary modifications to complete additional work within contract authority. Councilmember Brock pulled this item to ask questions of staff regarding the amount being funded from the general fund, and if monies from the general fund were removed, would that significantly have a negative impact for the contract; and, what are the cement barriers and how are they going to make the curbs safer. Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown 3.H. Adopt Resolution Nos. 11337 (CCS) and 11338 (CCS) Revising Policies for Boards, Commissions and Task Forces and Bylaws for Boards, Commissions and Task Forces, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE CITY CLERK’S RECOMMENDED PROCEDURAL CHANGES TO SANTA MONICA BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES, AND DIRECTING CITY BOARDS, COMMISSIONS, AND TASK FORCES TO IMPLEMENT THE CITY CLERK’S RECOMMENDED CHANGES AND ADOPT THE CITY CLERK’S TEMPLATE BYLAWS BY NO LATER THAN JANUARY 1, 2022”; and 2. Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS, COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER 11220 (CCS)”. DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 10 June 8, 2021 Councilmember de la Torre pulled this item to ask staff to add an annual demographic assessment based on gender, age, ethnicity and language ability to be able to see where the deficiencies are and help with outreach for boards and commissions appointments. Motion by Councilmember de la Torre, seconded by Mayor Pro Tem McCowan to approve the recommendation with the amendment to add an annual demographic assessment. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown RECYCLE TRANSFER SERVICES 3.L. Interim Contract No. 11164 (CCS) with the City of Culver City to Provide Recyclable Material Transfer Services, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute an interim contract with the City of Culver City to provide recyclable materials transfer services for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g.) and is in an amount of $1,744,535 for three years, with two additional one-year renewal options in the amount of $1,251,995, on the same terms and conditions, for a total amount not to exceed $2,996,530 (includes a 10% contingency) over a 5-year period, with future year funding contingent on Council budget approval; 2. Approve the addition of two, two-year limited-term Resource Recovery and Recycling Equipment Operators in the Public Works Department. The budget for vehicle maintenance increases, fuel increases, and two limited-term Resource Recovery and Recycling positions would be included with the final changes to the FY 2021-23 Biennial Operating Budget that will be presented to Council on June 22, 2021; and 3. Authorize City staff to continue negotiations with Southern California Disposal (SCD) to explore the possibility of providing recyclable materials transfer services on the Hanson Lot portion of the City Yards. Councilmember Parra pulled this item to recuse herself because this involves a contract with her employer, the City of Culver City. DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 11 June 8, 2021 Councilmember Parra was excused at 11:01p.m. Motion by Councilmember de la Torre, seconded by Mayor Himmelrich, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmembers Parra, McKeown ORDINANCES: ZONING Councilmember Parra returned at 11:02 p.m. 7.A. Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances Including Outdoor Use Permits and Interim Zoning Changes to Support Santa Monica’s Economic Recovery, was presented. Recommended Action Staff recommends that the City Council: 1. Introduce and adopt Emergency Interim Zoning Ordinance No. 2673 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING CHAPTER 6.40 TO IMPLEMENT THE SANTA MONICA OUTDOORS PILOT PROGRAM AND CONTINUE THE AUTHORIZATION FOR ELIGIBLE BUSINESSES TEMPORARILY TO USE CERTAIN PUBLIC OUTDOOR SPACE”. 2. Introduce and adopt Emergency Ordinance No. 2674 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING TEMPORARY USE OF PRIVATE OUTDOOR SPACE; TEMPORARY PERMITTED USES FOR EMERGENCY SHELTERS, PUBLIC SAFETY FACILITIES, AND DRIVE-THROUGH FACILITIES FOR COVID-19 TESTING AND VACCINATION PURPOSES; AND FLEXIBILITY IN ISSUANCE OF TEMPORARY USE PERMITS AND ALCOHOLIC BEVERAGE SALES”. 3. Adopt Fee Resolution No. 11339 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAMONICA WAIVING CERTAIN FEES ON A TEMPORARY BASIS TO FURTHER STIMULATE ECONOMIC RECOVERY,ESTABLISHING FEES FOR SANTA MONICA OUTDOORS PILOT PROGRAM, AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO TEMPORARILY CLOSE PORTIONS OF MAIN STREET FOR THE SANTA MONICA OUTDOORS PILOT PROGRAM”. 4. Adopt Fee Resolution No. 11340 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 12 June 8, 2021 OFSANTA MONICA ESTABLISHING FEES FOR OUTDOOR DINING AREA LICENSES”. 5. Authorize the City Manager to negotiate and execute Memorandum of Understanding No. 11165 (CCS) granting Downtown Santa Monica, Inc. authority and responsibility for managing community-serving events and programming in the downtown district, with direction to return with any proposed modifications to the event ordinance determined necessary to accomplish this. 6. Receive a plan for Pilot Program closure of Main Street and direct staff to proceed with the proposed plan for closure. Members of the public Robert Maschio, Bea Nemlaha, Carl Hansen, Misti Kearns, Kayla Smith, Cris Gutierrez, Becky Warren, Hunter Hall, Mark Gorman, Roger Genser, Kathleen Rawson, Karen Blechman, Leonard Lanzi, Chris Morgan and Sean Besser spoke to the recommended action. Questions asked and answered of staff included: Are the trainer requirements in Palisades Park going to remain; are the fees at Reed Park being waived; the $70,000 received for transportation, how can that money be used; was the survey for closing down Main Street distributed, and what residents were surveyed and outreached; is this Main Street closure a pilot program; how does Downtown Santa Monica planning events affect the public right of way on the Promenade; if a business does not currently have an outdoor dining license, but they want to continue with outdoor dining, will their fees be waived; does that waive apply to both restaurants as well as retail; how much of Main Street is being proposed to close for the pilot weekends; how many on-street parking spaces will be loss during the pilot weekends; is the traffic being diverted to Neilson Way and not the streets East of Main Street; with other street closures, have their been any reportable problems; is there a plan with BBB to divert to make sure that stops are not impacted, and will there be access for Fire and Emergency vehicles; how will this pilot come back with data to make adjustments to improve and come back with ways to mitigate the residents concerns; and, is this a week by week pilot, or is it automatically going to happen for a month. Considerable discussion ensued on topics including, but not limited to: make sure that the data is being retrieved and put to use from weekend to weekend to improve the pilot; find alternatives for neighbors to mitigate the traffic impacts; do another community meeting in advance of the first pilot to engage residents in the community; should there be a Council ad hoc to read the data received after the first weekend to make decisions if things need to DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 13 June 8, 2021 be changed; concerned about residents who live on 2nd and 3rd Street, that this is not viewed the same as other Special events; would support more Sunday closures and maybe one or two Saturdays; use the $70K to have a big festival or party at Virginia Avenue Park instead of using the funds for this pilot program; and, consider establishing set hours when the streets open back up, so the residents could find parking. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to approve all of the recommended actions 1 through 6 Substitute motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve recommendations 1 – 5, and consider recommendation 6 separately. Mayor Himmelrich called for a vote to hear the substitute motion. The motion to hear the substitute motion was approved by the following vote: AYES: Councilmembers Parra, Brock, de la Torre, Mayor Himmelrich NOES: Councilmember Davis, Mayor Pro Tem McCowan ABSENT: Councilmember McKeown Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve recommendations 1 through 5 was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to receive a plan for Pilot Program closure of Main Street and direct staff to proceed with the proposed plan for closure of four weekends over four months, with reevaluation after every occurrence and adjust as necessary. Councilmember Brock proposed a friendly amendment to set specific hours to have the street open, and then close the street down during the evening hours. The motion was not considered friendly by the maker because of the time and cost of installing and removing the barriers. DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 14 June 8, 2021 The original motion was approved by the following vote: AYES: Councilmembers Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Brock ABSTAIN: Councilmember de la Torre ABSENT: Councilmember McKeown PUBLIC HEARINGS: WATER MANAGEMENT 9.A. Public Hearing and Adoption of the City of Santa Monica's 2020 Urban Water Management Plan and Water Shortage Contingency Plan Including a Presentation on Compliance with the Water Conservation Act of 2009 (SBX7-7), was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing and receive public comment for the proposed 2020 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP); and 2. Approve attached Resolution No. 11341 (CCS) adopting the 2020 UWMP and WSCP. There was no public comment on this item. Question asked and answered of staff included how many gallons per day have to be reduced to reach the goal. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown COUNCILMEMBER DISCUSSION ITEMS: HATE CRIME INVESTIGATION 13.A. Request of Councilmember de la Torre that, in recognition of the 30 year anniversary of the unsolved 1991 act of hate that targeted Mexican/Latino students at Santa Monica High and residents of Santa Monica, the Santa Monica City Council: (1) acknowledge the harm caused by the incident and express regret that the investigation did not produce justice for those affected; (2) in the spirit of healing and to work towards reconciliation, direct the Chief of Police to provide an internal report to the Council on the investigation’s conclusions and findings, including whether the United States Postal Inspection DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 15 June 8, 2021 Service or the Federal Bureau of Investigation was engaged in the matter; (3) direct that this report be shared with the Public Safety Reform and Oversight Commission for review and subsequent recommendations regarding best practices for the reporting, investigation, and follow up on hate crimes, as mandated by State and Federal laws and statutes; (4) declare a week in 2022 to be “Santa Monica Hate Crimes Awareness Week” aligned with the to be announced 2022 National Crime Victims' Rights Week; and (5) direct staff to promote hate crime prevention and awareness efforts through a social media and public information campaign coordinated around Santa Monica Hate Crimes Awareness Week, was presented. There was no public comment on this item. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown CODE OF ETHICS 13.B. Request of Mayor Himmelrich that Council direct staff to prepare a Code of Conduct and Ethics for the City Council to adopt and follow. The current Code of Ethics for city employees does not clearly apply to council members and contains no enforcement provisions. A Code of Conduct and Ethics similar to the attached sample codes has been adopted by many cities, was presented. Member of the public Denise Barton, spoke on the recommended action. Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown AGENDA MANAGEMENT Motion by Mayor Himmelrich, seconded by Councilmember Brock, to continue items 13.C. and 13.D. to the June 15th Council meeting. DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 16 June 8, 2021 The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown WESTSIDE CITIES COUNCIL OF GOVERNMENTS 13.C. Request of Mayor Himmelrich to appoint a Councilmember as a Governing Board Representative to the Westside Cities Council of Governments (COG) and designate an Alternate Governing Board Representative. The Joint Powers Authority and By-laws require each City Council to designate one of its Councilmembers as a Governing Board Representative and one Councilmember as an Alternate Governing Board Representative, was continued to the June 15th meeting. CLEAN POWER ALLIANCE 13.D. Request of Mayor Himmelrich that the Council designate one representative to serve as a director of the Board of Clean Power Alliance. The Joint Powers Authority requires each Party of the governing body to appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The person appointed and designated as the Director shall be an elected or appointed member of the governing body of the Party, was continued to the June 15th meeting. HOME SHARING 13.E. Request of Councilmember Davis that Council direct staff to return with proposed amendments to the home-sharing ordinance to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host who wishes to home-share the accessory building, was presented. There was no public comment on this item. Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the recommendation, with an amendment to direct staff to look into the issues raised in letters in the public record and direct staff to follow the advice to keep the code changes as simple as possible. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember McKeown DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD 17 June 8, 2021 PUBLIC INPUT: Member of the public Denise Barton commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:34 a.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 1BC4912A-3FC5-42E5-8FDE-CE9C0B69A2CD