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m20211012.pdf 1 October 12, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 12, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:33 p.m., on Tuesday, October 12, 2021, via teleconference pursuant to Assembly Bill No. 361signed by, Governor Gavin Newsome at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan (arrived at 6:43 p.m.) Councilmember Phil Brock Councilmember Gleam Davis Councilmember Lana Negrete (arrived at 8:28 p.m.) Councilmember Oscar de la Torre (arrived at 5:53 p.m.) Councilmember Christine Parra Also Present: Interim City Manager David White Interim City Attorney Joseph Lawrence City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present except Councilmembers de la Torre, Negrete, and Mayor Pro Tem McCowan. Councilmember Brock led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember de la Torre arrived at 5:53 p.m. There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 6:32 p.m., with all members present, except Councilmember Negrete and Mayor Pro Tem McCowan 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): Paul Veglia v. City of Santa Monica, Los Angeles Superior Court Case No. 21STCV33366. The Interim City Attorney advised this was a personal injury case where Mr. Veglia fell on Third Street Promenade near Arizona and sustained significant injury. The City does not admit these allegations, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $280,000. DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 2 October 12, 2021 Motion by Councilmember Davis, seconded by Councilmember Brock, to approve Settlement No. 11214 (CCS), in the amount off $280,000. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete, Mayor Pro Tem McCowan 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): James Tatum Jr. v. City of Santa Monica, Los Angeles Superior Court, Case No. 19STCV34362 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 Police Officers Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1535-M. This item was pulled at the request of staff. 1.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica et al. vs. 1238 10th Street, LLC, et al., Case No. 21SMCV01585. The Interim City Attorney advised this matter was pulled at the request of staff. 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Casa Greene, Inc., et al. v. California, et al., Case No. 20STCV3496. This item was pulled at the request of staff. 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; DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 3 October 12, 2021 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 This item was pulled at the request of staff. 1.G. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027. The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. Welcome to City Manager David White and Interim City Attorney Joe Lawrence, was presented. 2.B. Commendations: 2021 Juniors/14U Santa Monica Little League All-Star team, was presented. CONSENT CALENDAR: Mayor Pro Tem McCowan arrived at 6:43 p.m. All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Ann Thanawalla commented on various Consent Calendar items. Motion by Councilmember Brock, seconded by Councilmember Davis, 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 de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 4 October 12, 2021 NOES: None ABSENT: Councilmember Negrete COVID-19 EMERGENCY PROCLAMATION 3.A. Adoption of Resolution No. 11365 (CCS) entitled “AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO”, was adopted. Recommended Action Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order. WATER RESOURCES 3.B. Approval of First Contract Modification to Agreement No. 11215 (CCS) with Alexander's Contract Services for Meter Reading Services for the Water Resources Division, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to contractual services agreement #4652 in the amount of $360,000 with Alexander’s Contract Services for meter reading services as an exception to the competitive bidding process, section 2.24.250 (g), for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $610,000, with future year funding contingent on Council budget approval. TAX AUDIT SERVICES 3.C. Approval of Second Modification to Professional Services Agreement with Hinderliter, de Llamas & Associates for Sales, Use and Transactions Tax Audit and Information Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10196 (CCS) with Hinderliter, de Llamas & Associates (HdL) to extend the term of the agreement for two additional years to provide sales, use, and transactions tax audit and information services for the City. Payments for this contract are primarily based on a percentage of revenues recovered for the City through audits. The estimated $209,000 increase resulting from the two- year contract extension will be more than offset by the revenues recovered. This second modification will result in an eight-year amended agreement with a new total estimated amount of $784,000. Future year funding is contingent on Council budget approval. DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 5 October 12, 2021 TRANSPORTATION PROJECTS 3.D. Adoption of Resolution No. 11366 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER 10: CONSULTANT SELECTION”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached Resolution adopting Caltrans’ policy for consultant procurement for State and Federal funded transportation projects. GROUNDWATER STUDY 3.E. Approval of Third Modification to Contract 10631 (CCS) with Earth Consultants, Inc. for a Differential Interferometry Synthetic Aperture Radar (DInSAR) study of Groundwater Recharge in the Santa Monica Basin, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #10631 (CCS) in the amount of $32,260 with Earth Consultants International, Inc. (ECI) for a satellite-based groundwater recharge study of the Santa Monica Basin for the Public Works Department. This will result in a six-year amended agreement with a new total amount not to exceed $205,000, with future year funding contingent on Council budget approval. TRAFFIC GRANT 3.F. Authorization to accept Grant from the California Office of Traffic Safety for the Selective Traffic Enforcement Program, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $265,000 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program in the Police Department. 2. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. WATER SERVICES 3.G. Adoption of Resolution No. 11367 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING POLICIES AND PROCEDURES FOR PROVIDING PRIORITY SERVICE TO DEVELOPMENTS WITH HOUSING UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS PURSUANT TO GOVERNMENT CODE SECTION DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 6 October 12, 2021 65589.7”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution on the prioritization of providing water and wastewater services to residential developments with affordable housing units. INVESTMENT MANAGEMENT SERVICES 3.H. Approval of First Modification to Professional Services Agreement with RNC Capital Management LLC to provide investment management services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10366 (CCS) with RNC Genter Capital Management LLC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds extending the term of the agreement for an additional nine months for a total term of five years and nine months. Management fees are determined by the value of the assets under management. Based on the value of the portfolio as of June 30, 2021, staff estimates the extension of the term of the contract will result in an additional $78,600 in fees. INSPECTOR GENERAL 3.I. Award Professional Services Agreement No. 11216 (CCS) with OIR Group to Serve as Inspector General for the Public Safety Reform and Oversight Commission, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 267 to OIR Group for Inspector General services for the Public Safety Reform and Oversight Commission for the City Manager’s Office; 2. Authorize the City Manager to negotiate and execute an agreement with OIR Group, in an amount not to exceed $140,000 for one year (with four additional one-year renewal option(s) in the amount of $140,000 each, on the same terms and conditions) for a total amount not to exceed $700,000 over a five-year period with future year funding contingent on Council budget approval. AMICUS BRIEF 3.J. Authorization to Join in Amicus Brief in Support of the United States in State of Arizona, et al. v. United States Department of Homeland Security, et al., United States District Court for the District of Arizona, Case No.: CV-21-00186-PHX-SRB, 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 DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 7 October 12, 2021 and counties in support of the appellees (the federal government) in State of Arizona, et al. v. U.S. Department of Homeland Security, et al., Ninth Circuit, No. 21-16118. STREET EASEMENTS 3.K. Adoption of Resolution No. 11368 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, SUMMARILY VACATING STREET EASEMENTS NORTH OF AND RUNNING PARALLEL TO OCEAN PARK BOULEVARD BETWEEN 16TH AND 17TH STREETS”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution to vacate the street easements that currently exist north of and parallel to Ocean Park Boulevard between 16th Street and 17th Street at the current site of John Adams Middle School (JAMS). CITY YARDS 3.L. Approval of Fourth Modification to Design-Build Contract #10371 (CCS) with Hathaway Dinwiddie Construction Company for City Yards Modernization Project, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a Guaranteed Maximum Price (GMP) fourth modification to Design-Build Contract #10371 (CCS) in the amount of $3,300,000 with Hathaway Dinwiddie Construction Company (HDCC) for design and construction services of the City Yards Modernization – Package A Project for the Public Works Department. This would result in a five-year amended agreement with a new total amount not to exceed $85,523,039. 2. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. MINUTES 3.M. Minutes of City Council - Special Meeting – September 14, 2021, were approved. ORDINANCES: DELIVERY ZONE PILOT PROGRAM 7.A. Second Reading and Adoption Of Ordinance No. 2683 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.1055 TO EXTEND THE CITYWIDE OPERATION OF REMOTE-CONTROLLED DELIVERY DEVICES BY OPERATORS PARTICIPATING IN THE ZERO EMISSIONS DELIVERY ZONE PILOT PROGRAM”, was presented. DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 8 October 12, 2021 Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Motion by Councilmember Brock, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. 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 Negrete STAFF ADMINISTRATIVE ITEMS: HOUSING ELEMENT Councilmember Negrete arrived via phone at 8:28 p.m. 8.A. Adoption of 6th Cycle (2021-2029) Housing Element Update, was presented. Recommendation Staff recommends that the City Council: 1. Adopt Resolution No. 11369 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 6TH CYCLE (2021-2029) HOUSING ELEMENT UPDATE”; 2. Adopt Resolution No. 11370 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO ADOPT THE 6TH CYCLE (2021-2029) HOUSING ELEMENT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM”; and 3. Adopt Resolution No. 11371 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 6TH CYCLE (2021-2029) HOUSING ELEMENT OF THE CITY’S GENERAL PLAN” Members of the public Elisa Pastor, Matt Stauffer, Denise Barton, Carl Hansen, Anjuli Kronheim-Katz, Tricia Crane, Leanor Camner, Aaron Eckhouse, Daniel Freedman, Natalya Zernitskaya, Michael Soloff and Tony Joaquin spoke to the recommended action. Questions asked and answered of staff included: how do we police that the Accessory Dwelling Units (ADUs) in the single-unit areas are being used for additional housing, not just created for family members; did staff find out how many ADUs are being rented out; how many units are expected to be built on service lots abut R1 zones; where is upzoning starting, is it from the LUCE or the current zoning; what happened to the maps and tables with DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 9 October 12, 2021 all of the heights and Floor Area Ratios (FAR) that are now missing; reducing parking, is that for all housing or affordable housing, and why not just get rid of parking all together; is the 50 percent requirement putting constraints on properties where they are required by the Affirmative Further Fair Housing (AFFH) programs; was there a decision made to choose the suitable sites selected in the middle of town where there’s already a bunch of people living; how aggressive do we need to be to acquire reasonable affordable housing; maximum caps, why not remove them from other areas of the city instead of just surface parking lots; is there any thought about bringing back activity centers; how would the proposed actions being submitted affect previously proposed and approved plans; how can a balance between unit mixes happen; how do we keep from having moderate rate studio apartments; why does it take three years to perform a request for proposals (RFP); are in-lieu fees based on geography or are there any limitations; where does right to refuse rights apply in the city; is there any way that the language can be stronger as it relates to redlining and discrimination that happened historically; what is the current fee and projected fee for wastewater, and is the capital wastewater fee being paid by developers or homeowners; what is Parking overlay 1; isn’t it more sustainable to use some of the open office space than building something new; is modular construction accepted in California; if house of worships are used for building, where will the congregation park for various events; how are units that don’t require parking going to handle this, with our lack of experience; was there any risk analysis to see what affect 9,000 additional units are going to have on our sustainability plan; how many of the incomplete projects are included in the Regional Housing Needs Allocation (RHNA) numbers; can the FAR numbers be locked in at this point, or could we still change them; has there been any thought to how much of a burden this is going to be administratively; if the drought continues, will the cost of water increase for users; there’s no way to control the amount of water used, are sub- meters specified in our local cost; how can there be no parking requirement on new buildings; are we still at 15% inclusionary housing; would it be appropriate to request the state to provide assistance to help pay for the housing; are there ways to avoid gentrification in the Pico neighborhood; any way to increase the size of the units to accommodate families; if Santa Monica is not able to meet its RHNA numbers, is there an option available to coordinate with other cities to create housing just outside of the city’s boundaries; how are we going to create more fair, affordable housing for families; why can’t fair affordable housing be addressed in the Housing Element, why do we have to wait; how did the conversations with Santa Monica College, SMMUSD and UCLA play into the reference; can’t we just remove commercial and instead make everything residential; is there a way to down-zone a property and just use the commercial to build on top of it; and, has anyone looked at boosting the number of housing a quarter mile from transit, instead of half-mile. DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 10 October 12, 2021 Staff presented five recommendations that were not in agreement with the Planning Commission’s recommendations and asked the Council to vote on those amendments before the main vote on the Housing Element. The five proposed amendments are as follows: Motion by Mayor Himmelrich, seconded by Councilmember Parra, to make a change to Program 1.F. to not accept the Planning Commission recommendation that the City shall revise the definition of a Housing Project in the DCP to be consistent with the Housing Accountability Act (HAA). Councilmember Brock, proposed a friendly amendment to move the deadline from March 31, 2022 to December 31, 2022. On staff’s recommendation to revisit this later, Councilmember Brock withdrew his amendment. The main motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Himmelrich, seconded by Councilmember Brock, to accept staff’s recommendation for Program 1.F. to accept staff’s recommendation that says, “based on the results of the feasibility analysis, the feasible FARs for housing project range from a minimum 2.75 to 4.0 with heights ranging from 55 feet to 84 feet.” Councilmember Davis, proposed a friendly amendment to remove the words FARs up or down. The motion was not considered friendly by the maker. The main motion was approved by the following vote: AYES: Councilmembers Parra, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Davis ABSENT: None Councilmember Davis stated for the record, her no vote is because the motion suggests that retaining the option to downzone is not intended to get us more housing and is a reflection of the fact that we may downzone and keep housing from being built. It’s not a showing of good faith to our commitment to build more housing. DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 11 October 12, 2021 Motion by Mayor Himmelrich, seconded by Councilmember Brock, to accept the staff recommendation language for Program 1.J. based on the results of the feasibility analysis, the feasible FARs for housing projects range from a minimum 2.75 to 3.25 with heights ranging from 55 feet to 65 feet. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Himmelrich NOES: Councilmember Davis, Mayor Pro Tem McCowan ABSENT: None Motion by Councilmember Brock, seconded by Mayor Himmelrich, to approve the staff recommendation for Program 1.K. to include, to establish that City-owned sites are allowed 100 percent residential use and require residential use to occupy at least 50 percent of the floor area. Additionally, while not required to meet the shortfall of lower-income units, the Zoning Ordinance shall be amended to specify additional mixed-used zoning districts that shall be allowed 100 percent residential uses. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt the Planning commission recommendation for Program 2.D Density Bonus. A substitute motion by Councilmember Parra, seconded by Councilmember Brock, to approve the staff recommendation that eliminates the PC language “If there is an affordability requirement in place that distributes affordability requirements evenly across income levels, explore ways for housing providers to maximize incentives and concessions, parking reductions, and density as set forth in State Density Bonus Law.” The substitute motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Himmelrich NOES: Councilmember Davis, Mayor Pro Tem McCowan ABSENT: None Councilmember Davis stated her no vote for the record is based on the fact that the language says if there’s a conflict between the distribution of affordability requirements, and the state density bonus law, that we commit to find a way to reconcile those in such a way as to maximize housing DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 12 October 12, 2021 Councilmember Parra excused at 11:25 p.m. Councilmember Parra returned at 11:30 p.m. production. If we don’t adopt the affordability requirements across the entire scope of affordability, then this wouldn’t even kick in. It was only to address that issue. Motion by Mayor Himmelrich, seconded by Councilmember Brock, to address Program 2.E. to accept the staff recommendation to update the language to include previous direction given earlier by Council. Councilmember Brock proposed an amendment to change to issue the second RFP by June 30, 2023. The amendment was accepted by the maker. Mayor Pro Tem McCowan, proposed a friendly amendment to add to the language “community-serving, commercial and revenue generating uses.” The amendment was considered friendly by the maker and seconder. The motion was approved by the following vote: AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Parra Motion by Councilmember Davis, moved to approve the Planning Commission recommendation. The motion died due to no second. Councilmember de la Torre, seconded by Councilmember Parra, to adopt the staff recommendation and not adopt the Planning Commission recommendation Policy 1.11 Increase Housing Opportunities in Multi-Unit Residential Zones. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Davis ABSENT: None Councilmember Davis stated her no vote for the record was because this was just to explore the possibility of eliminating unit density caps. I don’t know why it wouldn’t put something that talked about increasing our ability to build more housing. In the Housing Element there was no commitment to do it, and to say we’re not even going to explore it, or the possibility reflects poorly on our intent to build affordable housing in the city. Motion by Councilmember Brock, seconded by Mayor Himmelrich, to add a cover letter to the Housing Element, with inclusion of the preface received by Council from Michael Soloff and Denny Zane, with the City DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 13 October 12, 2021 Manager and Mayor’s review and edits. AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Himmelrich, seconded by Councilmember Davis, to Adopt Resolution No. 11369 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 6TH CYCLE (2021-2029) HOUSING ELEMENT UPDATE.” The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to adopt Resolution No. 11370 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO ADOPT THE 6TH CYCLE (2021-2029) HOUSING ELEMENT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM.” The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Himmelrich, seconded by Councilmember Brock, to add to Program 2.C. language to say “includes, but not limited to” and to change the deadline from March 30, 2022 to December 31, 2022. Councilmember Brock amended his new deadline to June 30, 2022, to allow staff more time. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 14 October 12, 2021 Motion by Mayor Himmelrich, seconded by Councilmember Brock, to adopt Resolution No. 11371 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 6TH CYCLE (2021-2029) HOUSING ELEMENT OF THE CITY’S GENERAL PLAN,” including the five programs, one policy change, and one amendment voted on previously. The motion, with amendments was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Himmelrich NOES: Councilmember Davis, Mayor Pro Tem McCowan ABSENT: None Councilmember Davis stated her reason for her no vote is as follows: I am voting no on the motion to approve the housing element. While I appreciate the hard work on the part of Planning Commission and other stakeholders as well as the tremendous amount of work that staff has put into it, I do not believe that it is a truly compliant housing element. It may be technically compliant; that’s for HCD to decide. But I do not believe that this document will lead to meaningful change in our housing policy or build sufficient housing. Housing is a human right. We need to build housing to meet our moral obligation on this issue. But housing also is a climate change issue, a social justice issue, and a measure of our society’s values. First, this plan does not affirmatively further fair housing. This requirement was inserted into the housing element analysis because of the hundreds of years of discrimination that people have faced. We must counter that intentional discrimination with equally intentional and meaningful programs designed to remediate that history. When you look at this plan to build housing, it leaves a third of our city, the most segregated part of our city, untouched. Relying on community assembly sites-none of which are in the R1- is not enough. I understand that the Suitable Sites Inventory does not propose to build housing in the Pico neighborhood and that is good. But simply saying that we will not build in the Pico neighborhood is not enough. Second, the Suitable Sites Inventory does not meet HCD’s specifications. Although there is a lengthy discussion about methodology, the inventory itself does not make any sense. I keep going back to it but I don’t understand how the El Cholo site is on the inventory and others are not. Why are some large supermarket sites on the inventory and others are not? There does not appear to be any discernible reasoning for it. DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC 15 October 12, 2021 Finally, this proposal does not adequately address constraints on housing. For example, the interaction between the AHPP and the State Density Bonus Law is unclear but it seems like we will not be adopting policies that will maximize the amount of housing we can build under the state law. Also, parking is a constrain on housing. But while we are reducing some parking minimums, we should be eliminating all parking minimums. Our lack of commitment to really building more housing is exemplified by our refusal to remove the option to down one out of the language in the document. I am not convinced that there will be votes to do the upzoning we need to do to meet out RHNA obligations. I agree that we should have no problem meeting our market rate housing obligation. But research reviewed at UCLA shows that building market rate housing actually reduces rents in nearby areas. Also, I support building family housing but we need to build all types of housing. Finally, there is constant reference to this as an unfunded mandate. This is not an unfunded mandate. The City does not have to build the housing. For profit and non-profit developers will do that. The City’s obligation is to facilitate the building of that housing with zoning and other policies. I don’t think this draft is specific enough on how we are going to do it and I do not think it is strong enough commitment to taking whatever steps are necessary to build the housing we need. PUBLIC INPUT: Members of the public Denise Barton, Jonathan Foster and John Alle commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:36 a.m. in memory of Denise Sargent. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 927223DE-577C-44D6-AFE6-2F990F0E03AC