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m20210727.pdf 1 July 27, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 27, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m., on Tuesday, July 27, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Lana Negrete Councilmember Oscar de la Torre (arrived at 5:40 p.m.) Councilmember Christine Parra Also Present: Interim City Manager John Jalili Interim City Attorney George Cardona City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmember de la Torre. Councilmember Brock led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember de la Torre arrived at 5:40 p.m. There was no public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:32 p.m., to consider closed sessions and returned at 6:35 p.m., with all members present, to report the following: 1.A. Conference with Legal Counsel – Anticipated Litigation – Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Internal Revenue Service Audit of City Settlement Payments for the Years 2017-2019. The Interim City Attorney advised the IRS has been auditing the City’s settlement payments for the years 2017-2019. Though the majority of these were for settlements of physical injury claims and not taxable to the plaintiffs, the payments were often made jointly to the plaintiffs and their attorneys, requiring the issuance of Form 1099s to the attorneys, which the City generally did not do. As a result of the audit, the IRS initially sought to impose back-up withholding taxes, penalties, and interest on all of the City’s settlement payments from 2017 to 2019, a total amount conservatively DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 2 July 27, 2021 estimated to be in excess of $3 million. After corrections to City procedures, and the gathering of evidence by the City that the overwhelming majority of attorneys paid taxes due on the portions of settlements that went to their attorneys’ fees, the IRS has offered to resolve the audit with a proposed assessment to the City of $116,468 relating to 11 particular settlements. The City Attorney’s Office recommended settlement in this amount. Motion by Councilmember Davis, seconded by Councilmember Brock, to approve Settlement agreement No. 11184 (CCS), in the amount of $116,468. 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 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Belet Lazar v. City of Santa Monica, LASC, 20STCV41479. 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 Government Code Section 54956.9(d)(1): Bloem v. City of Santa Monica, Los Angeles Superior Court, Case No. BC673794. The Interim City Attorney advised the Plaintiff alleges that a City RRR truck was negligently driven when it backed into her while she was crossing a street on February 24, 2017. Plaintiff alleges that as a result she suffered a number of injuries, including a significant permanent hand 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 $175,000. Motion by Mayor Pro Tem McCowan, seconded by Councilmember Brock, to approve Settlement agreement No. 11185 (CCS), in the amount of $175,000. 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 1.D. Conference with Legal Counsel – Existing Litigation – DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 3 July 27, 2021 Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Nemani v. City of Santa Monica, Los Angeles Superior Court, Case No. 20STCV05201. The Interim City Attorney advised the Plaintiff alleges that he suffered a broken nose and head and back injuries when he tripped and fell over a recessed sidewalk panel on January 3, 2019, at 2450 Broadway. 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 $20,000. Motion by Councilmember Negrete, seconded by Councilmember Davis, to approve Settlement No. 11174 (CCS) in the amount of $20,000, in the motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem Davis, Mayor Himmelrich NOES: None ABSENT: None 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 Brock, Item 3.D. and Councilmember Parra, Item 3.A. were removed from the Consent Calendar. Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis, to approve the Consent Calendar except for Items 3.A and 3.D., reading resolutions by title only and waiving further reading thereof. 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 TRANSIT AND FIRE REPAIRS 3.B. Award Bid and enter into Agreement No. 11176 (CCS) with Cummins Inc. for Overhaul and Re-power of Cummins Engines, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4406-A to Cummins Inc. for engine repairs, repower, and overhaul for transit buses for the Department of Transportation and DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 4 July 27, 2021 Fire Department heavy-duty apparatus; and 2. Authorize the City Manager to negotiate and execute an agreement with Cummins Inc., in an amount not to exceed $6,639,464 which includes a $572,074 contingency over a five-year period, with future year funding contingent on Council budget approval. SIGNAL DETECTION 3.C. Award Bid #4416 and Approve Contract No. 11177 (CCS) with KDC Inc., dba Dynalectric LA for the Multi-Modal Signal Detection Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4416 to KDC Inc. DBA Dynalectric LA for construction services for the Multi-Modal Signal Detection Project for the Santa Monica Department of Transportation; and 2. Authorize the City Manager to negotiate and execute a contract with KDC Inc. DBA Dynalectric LA in an amount not to exceed $795,340 (including a 15% contingency). PUMP RENTAL 3.E. Award Bid #4408 and enter into Agreement No. 11179 (CCS) with Herc Rentals Inc. for Temporary Pump Rental, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4408 to Herc Rentals Inc. for rental of temporary water and wastewater pumps and related parts for the Public Works Department; and 2. Authorize the City Manager to negotiate and execute a contractual services agreement with Herc Rentals Inc, in an amount not to exceed $300,000 over five years, with an increase of no more than 2% each year, with future year funding contingent on Council budget approval. TRANSIT SOFTWARE 3.F. Approval of Second Modification to Contract No. 11180 (CCS) with Trapeze Software Group for Vehicle Scheduling Support Services for Transit Bus Service, was approved. Recommended Action Staff Recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement No. 11180 (CCS) in the amount of $280,000 with Trapeze Software Group for scheduling support services. This modification will extend the term by two years and will result in a three-year agreement, with a new total amount not to exceed $371,600, with future year funding contingent on Council budget approval. DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 5 July 27, 2021 SALARY RATES 3.G. Adoption of Salary Resolution No. 11354 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR ASSISTANT DIRECTOR OF DEPARTMENT OF TRANSPORTATION, DIRECTOR OF DEPARTMENT OF TRANSPORTATION, AND TRANSIT VEHICLE MAINTENANCE SUPERINTENDENT”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached Salary Resolution to establish new classification titles for Assistant Director of Department of Transportation and Director of Department of Transportation, and to restore the classification of Transit Vehicle Maintenance Superintendent. LANDFILL 3.H. Award RFP #289 and enter into Agreement No. 11181 (CCS) with Montrose Environmental for Operation, Maintenance, and Monitoring of the Landfill Gas Management System, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #289 to Montrose Environmental for the operation, maintenance, and monitoring of the landfill gas extraction system currently at the City’s Municipal Yard for the Public Works Department; and 2. Authorize the City Manager to negotiate and execute an agreement with Montrose Environmental, for a total amount not to exceed $715,211 (including a $93,288 contingency) over a five-year period, with future funding contingent on Council budget approval. AFFORDABLE HOUSING 3.I. Adoption of Resolution No. 11353 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA MONICA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR LOCAL HOUSING TRUST FUND PROGRAM MATCHING GRANT FUNDING,” was approved and adopted. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute Memorandum of Understanding No. 11182 (CCS) with the Los Angeles Homeless Services Authority to coordinate referrals and local prioritization for Emergency Housing Vouchers; 2. Approve proposed revisions to the Housing Trust Fund Guidelines regarding loan underwriting criteria for California’s Local Housing Trust Fund program, to satisfy conditions of the 2020 funding award of $5 million for affordable housing DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 6 July 27, 2021 development (Attachment A); and 3. Adopt the attached resolution authorizing the submission of an application for the 2021 round of Local Housing Trust Fund Program Matching Grant Funding (Attachment B). MINUTES 3.J. Minutes for the City Council - Regular Meeting - June 8, 2021, were approved. MINUTES 3.K. Minutes for the City Council - Special Meeting - July 10, 2021, were approved. MINUTES 3.L. Minutes for the City Council - Regular and Special Meeting - July 13, 2021, were approved. MINUTES 3.M. Minutes for the City Council - Special Meeting - July 14, 2021, were approved. MINUTES 3.N. Minutes for the City Council - Special Meeting - July 22, 2021, were approved. SUSTAINABILITY ENGAGEMENT 3.A. Award RFP #288 and enter into Agreement No. 11175 (CCS) with Sustainable Works for Community Sustainability Engagement Programs, was presented. Recommended Action Staff recommends that the City Council: 1. Award RFP #288 to Sustainable Works, a project of Community Partners, for the development and outreach of Santa Monica’s Community Sustainability Programs for the Public Works Department; and 2. Authorize the City Manager to negotiate and execute an agreement with Sustainable Works, a project of Community Partners, for a total amount not to exceed $740,000 over a five-year period, with future funding contingent on Council budget approval. Councilmember Para pulled this item to ask questions of staff why the decision has been made to direct the consultant to work on the outline goals and objects versus working towards meeting requirements of SB1383, especially where multi-units are concerned and, can the consultant add in some educational outreach to explain environmental justice. Motion by Councilmember Parra, seconded by Councilmember Negrete, to approve the recommendation. The motion was approved by the following vote: DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 7 July 27, 2021 AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ARCADIA WATER TREATMENT PLANT 3.D. Approval of the Arcadia Water Treatment Plant Design/Build Guaranteed Maximum Price Amendment, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a Guaranteed Maximum Price amendment to Design-Build Agreement No. 10981 (CCS) in an amount not to exceed $72,443,424 (including 8% contingency) with Walsh Construction Company II, LLC, for the construction phase of the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project for the Public Works Department for a new total amount not to exceed $78,016,425; 2. Authorize the Director of Public Works to issue any necessary change orders and contract modifications to complete additional work within the contract authority; 3. Award Request for Proposals #SP2602 to MNS Engineers Inc., for construction observation services for the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project; 4. Authorize the City Manager to negotiate and execute Agreement No. 11178 (CCS) with MNS Engineers Inc., in an amount not to exceed $583,390 (including a 10% contingency); 5. Authorize the Director of Public Works to issue any necessary modifications to complete additional work within contract authority; and 6. Authorize the budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Councilmember Brock pulled this item to ask questions of staff including: what is the justification for the price competitiveness of the $72.4 million design/build quote; what is the cost of issuing the bonds, and from what budget will these cost be paid; was their an RFP for the bond issuance, or was that necessary; do we have in house city staff that can provide construction observation services; replacing outsourced water by 2023, does that include any of the impacts of the RHNA state requirements for new housing or will that be looked at later. Motion by Councilmember Brock, seconded by Councilmember Parra, to approve the staff recommendation. The motion was approved by the following vote: DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 8 July 27, 2021 AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ORDINANCES: COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE AND THE ENVIRONMENT 7.A. Second Reading and Adoption Of Ordinance No. 2676 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING THE COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE, AND THE ENVIRONMENT; APPOINTING ALL CURRENT MEMBERS OF THE SANTA MONICA TASK FORCE ON THE ENVIRONMENT TO THE COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE, AND THE ENVIRONMENT; AND SUNSETTING THE TASK FORCE ON THE ENVIRONMENT UPON THIS ORDINANCE TAKING EFFECT”, was presented. Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to adopt the ordinance, reading by title only and waiving further reading thereof. 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 AGENDA MANAGEMENT The Mayor announced that Councilmember Brock is pulling Item 13.O. from this agenda and will bring it back at a later date. Motion by Councilmember Brock, seconded by Councilmember Negrete, to pull Item 13.O. from the agenda. 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 Pro Tem McCowan, seconded by Councilmember Davis, to delay all appointments for 13.A., except Disabilities, Landmarks, Planning, and Social Services, until the Ad Hoc committee comes back with recommendations for consolidation. The motion was approved by the DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 9 July 27, 2021 following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Mayor Pro Tem McCowan, seconded by Councilmember Davis, to continue Items 13.B. through 13.E. and 13.H. 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 NOISE ORDINANCE 7.B. Introduction and First Reading of an Ordinance Amending SMMC Chapter on Noise, was presented. Recommended Action Staff recommends that City Council introduce for first reading the attached ordinance, which would amend SMMC Chapter 4.12, Noise Ordinance, and SMMC Section 4.08.790, Distance Restriction for Targeted Residential Protests, to better protect the community’s health and welfare in compliance with First Amendment requirements. Members of the public Bert Champagne, Jonathan Foster, Thomas Medrano, Danielle Wilson and Zina Josephs spoke to the recommended action. Questions asked and answered of staff included: who’s in charge of approving community events; is there a way to allow protest between 7 a.m. and 8 a.m. on the weekends, with no amplification for a residential neighborhood; with the 50 foot distance across the street, doesn’t that affect the resident as well; how does enforcement know who the noise is being targeted towards; how does this impact noise that is being made near a school; why are parks, beaches and other provisions being included, when initially this was only related to noise in a specific residential neighborhood; what was the rationale for including beaches; are there any other jurisdictions with these same limitations and have they been held up constitutionally; define amplified and stationary equipment; is the only change that people could protest for two nights from 8pm to 10pm, but then on the third night, they would be limited to 45 minutes; does this apply to amplified music on the beach during the day; if someone wanted to put on a concert every night, in their driveway, would these limits apply; if someone wanted to protest in front of a Councilmember’s house every day for 5 DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 10 July 27, 2021 years, they could for 45 minutes a day; what if somebody schedules a protest, but it’s not the targeted residential protest, do these regulations apply; if your neighbor is making noise, then would the decimal levels apply, but if it is a targeted residential protest, then these restrictions would apply; how can this be made easier for residents, Police and protestors to understand; how do we deal with the targeted residential matter, it seems very objective; what happens to the ordinance if targeted residential is removed; and, are the Pier and Promenade exempted from this ordinance. The Interim City Attorney presented his understanding of the amendments being proposed to get clarification. Those amendments are: Page 10-B.5.a. eliminating the addition of on weekdays or 8 am and 10 pm on weekdays, to just say on weekends, between the hours of 7 am and 10 pm. Councilmember de la Torre, seconded by Councilmember Brock, to direct staff to come back with modified ordinance that will allow protest, but prohibit amplified noise between the hours and 7 am and 8 am on weekends in residential areas. Councilmember Brock withdrew his second. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance, as proposed reading by title only and waiving further reading thereof. Mayor Himmelrich proposed a friendly amendment to allow the exemption to allow activities in commercial areas starting at 7 am. 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 LIBRARY BONDS 7.C. Introduction and Adoption of Ordinance No. 2677 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING THE FY 2021/22 TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS”, was presented. Recommended Action Staff recommends that the City Council adopt the attached ordinance (Attachment A) setting the FY 2021-22 tax rate for the 2012 Library General Obligation Bonds. There was no public comment on this item. Motion by Councilmember Davis, seconded by Councilmember Parra, to DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 11 July 27, 2021 introduce and adopt the ordinance reading by title only and waiving further reading thereof. 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 ZONING 7.D. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2678 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2674 (CCS) 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”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations established pursuant to Emergency Interim Zoning Ordinance 2674 (CCS) for temporary outdoor use of private property for commercial activity and zoning changes necessary for continued emergency response and economic recovery. There was no public comment on this item. Questions asked and answered of staff included, what methods are being taken to extend this program to other businesses that are not necessarily restaurants and are we moving towards a permanent parklet program. Motion by Councilmember Brock, seconded by Councilmember Negrete, to introduce and adopt the ordinance reading by title only and waiving further reading thereof. 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 DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 12 July 27, 2021 STAFF ADMINISTRATIVE ITEMS: WATER BONDS 8.A. Adoption of Resolution No. 11355 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF AN INDENTURE, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH THE ISSUANCE OF CITY OF SANTA MONICA WATER ENTERPRISE REVENUE BONDS, SERIES 2021, APPROVING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $78,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS”, was presented. Recommended Actions Staff recommends that the City Council: 1. Adopt the attached Resolution Authorizing Issuance of Water Enterprise Revenue Bonds, Series 2021 (Attachment A), and approve the related documents required for the Issuance of Water Enterprise Revenue Bonds, Series 2021 (Attachments B, C, D, and E). Staff reported that the maturity date should be corrected in the resolution from July to August 1, 2051 There was no public comment on this item. Motion by Councilmember Negrete, seconded by Councilmember Davis, to adopt the recommendation, with modifications proposed by staff. 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 RECESS On order of the Mayor, Council took a break and recessed at 9:12 p.m. and reconvened at 9:18 p.m. CITY MANAGER 8.B. Approval of Employment Agreement No. 11183 (CCS) with David White for Service as City Manager, was presented. Recommended Action Staff recommends that Council: (1) approve the employment agreement with David White for his service as City Manager, beginning effective DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 13 July 27, 2021 October 11, 2021; and (2) authorize the Mayor to sign the employment agreement on behalf of the City. Member of the public Denise Barton spoke on the recommended action. Question asked and answered of staff included, is the pay in accordance with cities that are similar to Santa Monica. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to approve the recommended action. 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 COUNCILMEMBER DISCUSSION ITEMS: ANNUAL APPOINTMENTS 13.A. Annual Appointments to Boards and Commissions for terms ending June 30, 2020 and June 30, 2021, was continued to a future date, with the exception of Disabilities Commission, Landmarks Commission, Planning Commission, and Social Services Commission. There was no public comment on this item. Board/Commission Number of Appointments Term End Date Requirements Airport Commission 1 6/30/2025 Santa Monica Resident Architectural Review Board 2 6/30/2025 - Arts Commission 2 6/30/2025 Work or Reside in Santa Monica Audit Subcommittee 1 6/30/2025 Santa Monica Resident Building and Fire-Life Safety Commission 1 6/30/2025 State of California Licensed or Registered Architect 2 6/30/2025 - Commission for the Senior Community 2 6/30/2024 Santa Monica Resident; Over the Age of 60 (2) 2 6/30/2025 Commission on the 2 6/30/2024 Santa Monica DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 14 July 27, 2021 Status of Women Resident 3 6/30/2025 Housing Commission 2 6/30/2023 Santa Monica Resident and Section 8 Member. One Section 8 Member must be 62 years of age or older. 2 6/30/2025 Santa Monica Resident Personnel Board 1 6/30/2026 Santa Monica Resident Recreation and Parks Commission 1 6/30/2025 Santa Monica Resident Santa Monica Library Board 1 6/30/2025 Santa Monica Resident Santa Monica Travel and Tourism, Inc. 2 6/30/2025 - Urban Forest Task Force 9 6/30/2023 Santa Monica Resident or Persons who do Business or are Employed in the City of Santa Monica DISABILITIES COMMISSION 13.A. Appointment of three seats for the Disabilities Commission for a term ending June 30, 2024 and three seats for a term ending June 30, 2025, was presented. The Mayor opened the floor for nominations. Councilmember Davis, nominated Nanci Linke-Ellis for reappointment Mayor Himmelrich, nominated Nasreen Asaria and Matthew Susman for a term ended June 30 2024. Mayor Himmelrich, nominated Caron Block, Carolyn Charles and Evan Nicholas for a term ending June 30, 2025. There being no other nominations, Nanci Linke-Ellis, Nasreen Asaria, and Matthew Susman were appointed to the Disabilities Commission for a term ending June 30, 2024, and Caron Block, Carolyn Charles, and Evan DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 15 July 27, 2021 Nicholas were appointed to the Disabilities Commission for a term ending June 30, 2025, by the following unanimous vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None LANDMARKS COMMISSION 13.A. Appointment of two seats for the Landmarks Commission for a term ending June 30, 2025, was presented. The Mayor opened the floor for nominations. Councilmember Brock, nominated Gloria Garvin and Amy Green. There being no other nominations, Gloria Garvin and Amy Green were appointed to the Landmarks Commission for a term ending June 30, 2025, by the following unanimous vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None PLANNING COMMISSION 13.A. Appointment of one seat to the Planning Commission for a term ending June 30, 2025, was presented. The Mayor opened the floor for nominations. Councilmember Davis, nominated Elisa Paster for reappointment There being no other nominations, Elisa Paster was reappointed to the Planning Commission for a term ending June 30, 2025, by the following unanimous vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None SOCIAL SERVICES COMMISSION 13.A. Appointment of two seats for the Disabilities Commission for a term ending June 30, 2024 and two seats for a term ending June 30, 2025, was presented. The Mayor opened the floor for nominations. DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 16 July 27, 2021 Mayor Himmelrich nominated Kay Ambriz for the term ending June 2024. Councilmember Davis nominated Ellen Sloan for the term ending June 2024. Mayor Himmelrich nominated Brian Stedge-Stroud for a term ending June 2025. Councilmember Negrete nominated Tamara Kagel for a term ending June 2025. There being no other nominations, Kay Ambriz and Ellen Sloan were appointed to the Social Services Commission for a term ending June 30, 2024, and Brian Stedge-Strroud and Tamara Kagel were appointed to the Social Services Commission for a term ending Junee 30, 2025, by the following unanimous vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ARTS COMMISSION 13.B. Appointment to one unscheduled vacancy on the Arts Commission for a term ending on 6/30/2024, was continued. BUILDING AND FIRE- LIFE SAFETY COMMISSION 13.C. Appointments to two unscheduled vacancies on the Building and Fire-Life Safety Commission for terms ending on 6/30/2024, was continued. CLEAN BEACHES AND OCEAN PARCEL TAX CITIZENS OVERSIGHT COMMITTEE 13.D. Appointment to one unscheduled vacancy on the Clean Beaches and Ocean Parcel Tax Citizens Oversight Committee for a term ending on 6/30/2022, was continued. COMMISSION FOR THE SENIOR COMMUNITY 13.E. Appointment to two unscheduled vacancies on the Commission for the Senior Community for terms ending 6/30/2022 and 6/30/2023, was continued. DISABILITIES COMMISSION 13.F. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022¸was presented. On order of the Mayor, this item was continued to a later meeting, due to their being no applicants. SOCIAL SERVICES COMMISSION 13.G. Appointment to one unscheduled vacancy on the Social Services Commission for a term ending on 6/30/2022, was presented. On order of the Mayor, the floor was opened for nominations. DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 17 July 27, 2021 Mayor Pro Tem McCowan nominated Marie Manvel. There being no other nominations, Marie Manvel was appointed to the Social Services Commission for a term ending June 30, 2022, by the following unanimous vote: AYES: Councilmembers de la Torre, Brock Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None AUDIT SUBCOMMITTEE 13.H. Appointment to one annual Councilmember vacancy on the Audit Subcommittee for a term ending June 30, 2025, was continued. CLEAN POWER ALLIANCE 13.I. 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 presented. There was no public comment on this item. Motion by Mayor Pro Tem Mc Cowan, seconded by Mayor Himmelrich, to nominate Councilmember Davis. Councilmember Davis was appointed by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None WESTSIDE CITIES COUNCIL OF GOVERNMENTS 13.J. 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 presented. There was no public comment on this item. DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 18 July 27, 2021 Mayor Himmelrich volunteered to be the designate Councilmember Brock volunteered to be the alternate There being no other nominations, Mayor Himmelrich and Councilmember Brock will serve as representatives for the City of Santa Monica on the Westside Cities Council of Governments (COG). The appointments were approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None SOCIAL SERVICES COMMISSION 13.K. Recommendation to accept Nancy Coleman's resignation from the Social Services Commission and authorize the City Clerk to publish the vacancy, was presented. There was no public comment on this item. Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to accept the resignation with regret. 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 BOARDS AND COMMISSIONS 13.L. Request from Mayor Pro Tem McCowan, Councilmembers Brock and Davis as the Council’s B&C Ad Hoc Committee, to direct staff to come back with updates to the Boards/Commission/Task Force procedures to add new policies regarding Chair terms, Nepotism for appointments, and Council liaisons, was presented. Recommendations include: Chair terms • Limit Chair terms to 2 years maximum, rotating by election Develop a Nepotism policy • A person cannot serve on a city board/commission/task force if you are a close family member (spouse/partner, siblings, children or parents) of a seating Councilmember. Council Liaisons • Council liaisons would be limited to serve on a maximum of two commissions a year. Meeting attendance is not required, but DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 19 July 27, 2021 Mayor Himmelrich excused at 9:44 p.m. Mayor Himmelrich returned at 9:56 p.m. members would serve as an Advisor to the Commission and be available to the Chair as needed. (liaisons may not participate in discussion regarding any matter that will be subject to a potential appeal to Council acting in its quasi-adjudicatory role.) Mayor Himmelrich recused herself from this item on the discussion about nepotism to avoid any potential of conflict of interest because her husband is currently serving as a Housing Commissioner. Mayor Pro Tem McCowan took over running the meeting and removed the nepotism portion of this item to be discussed. Member of the public Denise Barton, spoke on the recommended action. Questions asked and answered on nepotism included, how soon would it be before this policy took affect and would a member have to resign from their current board/commission immediately or after their term expires. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to direct staff to develop a nepotism policy that a person cannot serve on a city board/commission/task force if you are a close family member (spouse/partner, siblings, children or parents) of a seating Councilmember, and this would go into affect immediately after the policy is adopted. Councilmember Brock proposed an amendment to allow people who are serving to finish their term, but not be allowed to apply again. The motion was not considered friendly by the maker and seconder. Substitute motion by Councilmember Brock, that current members terms expire at the end of their current term, and they would not be able to reapply, and the nepotism policy would apply at the end of their current term. The motion original motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich Mayor Himmelrich returned at rejoin as the Mayor. Questions asked and answered included, is there any data collection on the past appointments to see where the gaps are missing with regards to experience, diversity, inclusion, and outreach. DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 20 July 27, 2021 Motion by Councilmember Brock, seconded by Councilmember Davis, to approve the Chair terms and Council liaisons as recommended by the Ad Hoc committee. The Interim City Attorney asked for clarification on the Chair term limits. The Ad Hoc confirmed that the Chair term limits would be for two years over a two-term period, by rotating election. Also, approve the Council liaisons, however, all quasi-judicial bodies would be exempt. 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 AB 832 13.M. Request of Mayor Himmelrich that the Council approve allocation of discretionary funds up to $25,000 to fund the mailing and/or delivery to landlords and tenants in Santa Monica with notification of the requirements and obligations set forth in AB 832 (as enacted in 2021) for rent assistance and eviction protections, was presented. Questions asked and answered of staff included: are other means of messaging and outreaching to the public, other than mail and doorhangers; and, how much money is left in the Council contingency fund. There was no public comment on this item. Considerable discussion ensued on topics including, but not limited to: for messaging and information purposes, more social media, CityTV scrolling, and using other means for messaging, including providing information through local food providers and the schools. Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to approve the recommendation. 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 LEAGUE OF CALIFORNIA CITIES 13.N. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Business Meeting, to be held DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C 21 July 27, 2021 September 22-24, 2021, in Sacramento, California, was presented. There was no public comment on this item. Councilmember Negrete volunteered, along with Councilmember de la Torre, to serve as the City’s designating voting delegate and alternate at the League’s September 2021 conference. LOS ANGELES COUNTY DISTRICT ATTORNEY 13.O. Request of Councilmember Brock that the City Council adopt the attached resolution requesting that the Office of the Los Angeles County District Attorney uphold the laws of the State of California and rescind its Special Directives 20-06, 20-07, and 20-08, was removed by the requestor. PUBLIC INPUT: Members of the public Jonathan Foster and Karen Rosenberry commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:36 p.m. in memory of James Reidy and Guido Lamell. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 83C0A6F2-7A79-453D-ADBB-62B30113B00C