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m20210824.pdf 1 August 24, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 24, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:32 p.m., on Tuesday, August 24, 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 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. Mayor Pro Tem McCowan led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS 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 7:31 p.m., with all members present, to report the following: 1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Santa Monica Police Officers Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1535-M. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jennifer Ranney v. City of Santa Monica, Los DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 2 August 24, 2021 Angeles Superior Court, Case No. 19STCV06460. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: Chief People Officer Lori Gentles and Laura Kalty, Outside Counsel, Liebert Cassidy Whitmore; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; MTA- AFSCME Local 4819, Management Team Association; PALSSU- Public Attorneys’ Legal Support Staff Union; PAU-Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD- The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA-Supervisory Team Associates; Coalition of Santa Monica City Employees. 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): 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 UC Doe, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV44495; 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. 21SMCV01279; John HI Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV03145; John Doe #11, et al. v. Santa Monica PAL, City of Santa Monica, et al., Los Angeles Superior Court, Case No. 21STCV07050; John Doe #17 v. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 3 August 24, 2021 Councilmember de la Torre excused at 6:40 p.m. 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; John Doe #19 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV13419; John UH Doe, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV14884; The Interim City Attorney advised in this matter sixty-one plaintiffs in these nineteen complaints allege that they were sexually abused by Eric Uller, a former City employee, between the late 1980s and early 2000s while he was employed by the City and while the Plaintiffs were participants in the Santa Monica Police Activities League (“PAL”) or in sports or other activities conducted at or near PAL facilities. The allegations of abuse range from single incidents of touching and fondling, to multiple incidents of abuse occurring over extended periods of time and including mutual masturbation and oral and anal copulation. Plaintiffs contend that the City is responsible for the abuse based on allegations of negligent hiring and supervision and failure to act on information suggesting the abuse was ongoing. The City does not admit these allegations, and has questions regarding the credibility of specific allegations of abuse made by certain of the plaintiffs, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended a collective settlement with all 61 plaintiffs in the total amount of $54,900,000 on terms under which: (1) The City will pay the total amount of $54,900,000 into a qualified settlement fund by no later than December 31, 2021; (2) Plaintiffs have retained a retired superior court judge to determine the allocations from the qualified settlement fund to individual plaintiffs; (3) the City may provide information regarding the credibility of individual plaintiffs’ claims to plaintiffs’ counsel who may in turn provide it to the retired superior court judge for consideration in determining allocations to individual plaintiffs; and (4) the plaintiffs will provide the City and PAL with full releases and dismiss all pending complaints against the City and PAL. Motion by Councilmember Davis, seconded by Mayor Himmelrich, to approve Settlement No. 11186 (CCS), in the amount of $54,900,000, with terms. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre 1.E. Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 4 August 24, 2021 Councilmember de la Torre returned at 7:25 p.m. Government Code Section 54956.9 – 1 potential case. The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report: Federal Transit Administration Review of Big Blue Bus, was presented. 2.B. City Manager's Report: Update on Covid Vaccinations for City Employees, was presented. Members of the public Monique Lukens and Robin Herman spoke on this item. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Matt Stauffer, Denise Barton, and Ericka Leslie commented on various Consent Calendar items. Item 3.F. was removed from the agenda at the request of staff. At the request of Councilmember de la Torre, Item 3.H. was pulled from the Consent Calendar. Motion by Councilmember de la Torre, seconded by Councilmember Parra, to approve the Consent Calendar except for Items 3.F and 3.H., 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 VEHICLE PURCHASES 3.A. Authorization of Purchase Orders with Coastline Equipment, CraneWorks Southwest, National Auto Fleet Group, and Nixon-Egli Equipment for Vehicle Purchases for the Public Works Department, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the Procurement Manager to issue a purchase order with Coastline Equipment for the purchase of three John Deere 315SL backhoes for the Public Works Department – Water Resources Division. This recommended award is made as an exception to the DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 5 August 24, 2021 competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $495,585; 2. Authorize the Procurement Manager to issue a purchase order with CraneWorks Southwest, Inc. for the purchase of a Crane Truck for the Public Works Department – Water Resources Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $206,140; 3. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group for the purchase of a Ford Transit CCTV Truck for the Public Works Department – Water Resources Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $271,590; 4. Authorize the Procurement Manager to issue a purchase order with Nixon-Egli Equipment Co. for the purchase of three Truck Mounted High-Pressure Sewer Cleaners for the Public Works Department – Water Resources Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $1,138,610; and 5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. HVAC MAINTENANCE/REPAIR 3.B. Award Bid to ACCO Engineered Systems, Inc. for Department of Transportation HVAC Maintenance and Repair Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4407 to ACCO Engineered Systems, Inc. for maintenance and repair of heating, ventilation and air conditioning systems for the Department of Transportation Big Blue Bus (BBB) Division; 2. Authorize the City Manager to negotiate and execute Agreement No. 11187 (CCS) with ACCO Engineered Systems, Inc., in an amount not to exceed $514,800, including a $46,800 contingency, for a five- year period with future year funding contingent on Council budget approval. ANNENBERG COMMUNITY BEACH HOUSE 3.C. Authorization to accept GRoW @ Annenberg Grant for the Annenberg Community Beach House, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a restricted grant in the amount of $25,000 from GRoW @ Annenberg for assistance in DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 6 August 24, 2021 general operations and re-opening efforts at the Annenberg Community Beach House in the Community Services Department. 2. Authorize the City Manager to execute all necessary documents to accept the grant. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. BIG BLUE BUS 3.D. Authorization of Participation in LA Metro’s Fareless System Initiative Pilot Program, was approved. Recommended Action Staff recommends that the City Council authorize the Department of Transportation (DOT) Big Blue Bus (BBB) to participate in Phase I of LA Metro’s proposed 18-month Fareless System Initiative Pilot Program. Phase I includes providing free transportation to K-12 students and Community College Students whose school districts and boards approve participation in the LA Metro Pilot Program. AFFORDABLE HOUSING 3.E. Adoption Resolution Nos. 11356 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET-RATE MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.64.070(B) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS” and 11357 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.64.070(C) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS”, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt the attached Resolution decreasing the Affordable Housing Unit Base Fee by 2.7 percent for new market-rate apartments and condominiums (Attachment A); and 2. Adopt the attached Resolution decreasing the Affordable Housing Unit Development Cost by 2.7 percent (Attachment B). BENEFITS 3.F. Award a Professional Services Agreement to Alight-Hodges- Mace, LLC for Benefit Administration Platform, was pulled at the request of staff. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 7 August 24, 2021 1. Award RFP to Alight - Hodges-Mace, LLC (“Alight”) for a benefits administration system for the Human Resources Department; 2. Authorize the City Manager to negotiate and execute a three-year agreement with Alight-Hodges-Mace, LLC, in an amount not to exceed $508,935 (including one-time implementation costs), with two additional one-year renewal option(s) in the amount of $168,720 per year, on the same terms and conditions for a total amount not to exceed $846,375 over a five-year period, with future year funding contingent on Council budget approval. EMERGENCY PROCLAMATION 3.G. Adoption of Resolution No. 11358 (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. SALARY ADJUSTMENT 3.I. Adoption of Salary Resolution No. 11359 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR MOTOR COACH OPERATOR TRAINEE”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached Salary Resolution to provide an equity adjustment for the Motor Coach Operator Trainee. MINUTES 3.J. Minutes of Special City Council Meeting - June 15, 2021, were approved. MINUTES 3.K. Minutes of Regular City Council - Regular Meeting - July 14, 2015, were approved. SANTA MONICA BLACK LIVES ASSOCIATION 3.H. Authorization of Memorandum of Understanding No. 11188 (CCS) with the Santa Monica Black Lives Association to Support the Wellbeing and Socioeconomic Needs of the Black Community, was approved. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 8 August 24, 2021 1. Authorize the transfer of $100,000 in previously appropriated funds from the General Fund to the Santa Monica Black Lives Association for use to promote the wellbeing of the Black community in Santa Monica and to address the health, wellness, mental health, and socioeconomic needs of the Black community as directed by Council on September 8, 2020; and 2. Authorize the City Manager to negotiate and execute a memorandum of understanding with the Santa Monica Black Lives Association to establish reporting requirements and the intended uses of the funds. Councilmember de la Torre pulled this item to ask questions of staff including: why is this organization not being included in the grants cycle; where does the funding come from; moving forward will this be part of the grant process, or will they have to come back annually; what if they don’t apply for grant funding, what will happen then; who is on this board, and who will be making the decisions for this organization; what parameters are going to be put in place to best support this organization; has seed money been provided to other organizations, or does the Council have the option to do this for other organizations; and, will the pathway be open going forward to provide seed funding for other organizations. Motion by Councilmember Brock, seconded by Councilmember Negrete 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 ORDINANCES: NOISE CODE 7.A. Second Reading And Adoption Of Ordinance No. 2679 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PROVISIONS IN ARTICLE 4 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO NOISE AND TARGETED RESIDENTIAL PROTESTS TO PROMOTE THE PUBLIC SAFETY AND WELFARE”, was presented. Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt the ordinance, reading by title only and waiving further reading thereof. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 9 August 24, 2021 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 PUBLIC ASSEMBLIES 7.B. Introduction and Adoption of Emergency Ordinance No. 2680 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.780 TO PROMOTE THE PUBLIC SAFETY AND WELFARE BY PROHIBITING CERTAIN ITEMS AT PUBLIC ASSEMBLIES AND COMMUNITY EVENTS”, was presented. Recommended Action Staff recommends that: (1) one of the Councilmembers who voted in the majority against adoption of a similar emergency ordinance on April 13, 2021 move for reconsideration pursuant to Council Rule 12(d); and (2) if the motion for reconsideration is made, the City Council adopt an emergency ordinance amending Santa Monica Municipal Code Section 4.08.780 relating to restrictions on carrying, using, or possessing certain specified items during community events or public assemblies to promote public safety and welfare. Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to move for reconsideration pursuant to Council Rule 12(d), by one of the Councilmembers who voted in the majority against adoption of a similar emergency ordinance on April 13, 2021. Members of the public Denise Barton and Christina Sanchez spoke to the recommended action. Questions asked and answered of staff included: did the Police do anything to the person who had a pitch fork at the peaceful protest in town recently, and what would be different if this emergency ordinance is passed; if there is a large event, and a large number of attendees have prohibitive items, how will the Police engage; how can the Police ensure that this law is applied fairly and non-discriminatory; why can’t the law be simplified to just say, if you are here for a protest, here are the items you can have, why is it necessary to include all of these exemptions; can the city communicate the prohibited items; what ways was the intel different for the previous protest than the intel for the events for this weekend; what would we do different than the City of L.A., even though they had a similar law on the books, and they have an outbreak of violence; cities that have these laws on the books, is there any insight as to how intervention effects the level of DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 10 August 24, 2021 violence; will the Police be searching people’s backpacks for prohibited items randomly; is the Police seeing a different level of weapons at protest in comparison to the past; and, how would the application of a 120 day sunset affect the Police department. Considerable discussion ensued on topics including, but not limited to: concerns about constraints on people’s first amendment rights, especially people of color; our Police realizes that there are sufficient laws on the books to stop members of the public who are at protest to be violent; not sure that this ordinance is going to be sufficient to stop those who truly are coming to promote harm; these measures are meant to keep the peace in our community; adopting this ordinance will show support to our Police and provide them with the tools to keep our community safe; something to think about should include looking at how some are using these events to cause a distraction to do other violent acts; law enforcement needs to be able to use preventive measures and be provided with the necessary tools to keep the protestors and community safe; given the events that are going on in the country right now, it is necessary to pass this ordinance to protect visitors, residents, and our community from those who want to cause harm to others. Motion by Councilmember Brock, seconded by Councilmember Negrete, to introduce and adopt at first reading the ordinance reading by title only and waiving further reading thereof. Mayor Pro Tem McCowan, proposed an amendment to sunset the ordinance for 120 days and come back to review and introduce a permanent ordinance. The motion was not considered friendly by the maker. Mayor Pro Tem McCowan, proposed a different amendment to adopt the emergency ordinance, with a sunset clause of 180 days, and direct staff to return at an appointed time prior to February 28, 2022. The amendment was considered friendly by the maker and seconder. The motion, with amendments was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Davis ABSENT: None RECESS On the order of the Mayor, Council recessed for a break at 9:54 p.m., and reconvened at 10:11 p.m. with all members present. DUMPING/PIER 7.C. Introduction and Adoption of Emergency Ordinance No. 2681 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 11 August 24, 2021 COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT DUMPING OF COMMERCIAL TRASH IN CITY RECEPTACLES; PROHIBIT DUMPING OF LIQUID WASTE ON PUBLIC RIGHTS OF WAY, ON OR ONTO THE PIER OR BEACH, OR INTO STORM DRAINS; AND PROHIBIT THE USE OF COMBUSTIBLE FUELS ON AND IN CLOSE PROXIMITY TO THE SANTA MONICA PIER WITHOUT A PERMIT”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an emergency ordinance adding sections to the Santa Monica Municipal Code to prohibit dumping of commercial trash in City receptacles; dumping of liquid waste on public rights of way, on or onto the Pier or Beach, or into storm drains; and use of combustible fuels on or in close proximity to the Pier. Members of the public Jim Harris, Randy Parent, Nick Ralston, and Misti Kerns spoke to the recommended action. Questions asked and answered of staff included: given the state law on vending, how is this law enforceable and not in violation of the state’s vending law; does our marine degradable container laws apply to vendors as well; are the same Enforcement officers interacting with people, or is it a different person each day; because these are going to be considered Administrative citations, what will happen to repeat offenders; are some of the materials used to clean up grease also harmful to the environment; would providing more containers help provide a solution; what kind of signage and messaging will be used to inform vendors of the new law; would this enforcement apply citywide; what’s the definition of the radius for combustibles around the Pier; for health and safety, is there anything in place for the street vendors to legally dispose of waste and trash; what would be the levels of enforcement after giving a citation; is theer a joint record keeping between Code, Police and Fire when citations are given, and does it include photos; who would be providing education to vendors, and how would the education be delivered; and, what is the option to get volunteers to disseminate the information to educate vendors of the regulations. Considerable discussion ensued on topics including, but not limited to, we need to think about a better way to help move the street vendors to a safer regulated way of doing business. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to introduce and adopt at first reading the ordinance reading by title only and waiving further reading thereof. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 12 August 24, 2021 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 COUNCILMEMBER DISCUSSION ITEMS: PUBLIC SAFETY REFORM AND OVERSIGHT COMMITTEE 13.A. Appointments to two unscheduled vacancies on the Public Safety Reform and Oversight Committee for terms ending 6/30/2022 and 6/30/2024, was presented. There were no public speakers for this item. On order of the Mayor, the floor was opened for nominations for the term ending 6/30/2022. Councilmember Davis nominated Marc Morgenstern Councilmember Parra nominated Joseph Palazzolo Mayor Himmelrich nominated Michele Wittig Councilmember Negrete nominated Marlene Nord No one received a majority by the following vote: Morgenstern: Councilmember Davis, Mayor Pro Tem McCowan Palazzolo: Councilmembers de la Torre, Brock, Parra Wittig: Mayor Himmelrich Nord: Councilmember Negrete On order of the Mayor, the floor was opened for nominations for the term ending 6/30/2022 Councilmember Davis nominated Marc Morgenstern Councilmember Brock nominated Joseph Palazzolo Mayor Himmelrich nominated Michele Wittig Joseph Palazzolo was appointed to the Public Safety Reform and Oversight Committee for a term ending June 30, 2022, by the following vote: Morgenstern: Councilmember Davis, Mayor Pro Tem McCowan Palazzolo: Councilmembers Parra, Negrete, Brock, de la Torre Wittig: Mayor Himmelrich On order of the Mayor, the floor was opened for nominations for the term ending 6/30/2024. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 13 August 24, 2021 Mayor Himmelrich nominated Michele Wittig Councilmember Negrete nominated Luis Ramirez Councilmember Davis nominated Marc Morgenstern Councilmember Brock nominated Jon-Patrick Allem Luis Ramirez was appointed to the Public Safety Reform and Oversight Committee for a term ending June 30, 2024, by the following vote: Wittig: None Ramirez: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Himmelrich Morgenstern: Councilmember Davis, Mayor Pro Tem McCowan Allem: None SANTA MONICA LIBRARY BOARD 13.B. Annual appointment to the Santa Monica Library Board for a term ending June 30, 2025, was presented. On order of the Mayor, the floor was opened for nominations. Councilmember Davis nominated Abby Arnold Councilmember Parra nominated Paige Kelly Councilmember Brock nominated Laurel Schmidt Abby Arnold was appointed to the Santa Monica Library Board for a term ending June 30, 2025, by the following vote: Arnold: Councilmembers de la Torre, Negrete, Davis, Mayor Pro Tem McCowan, Mayor Himmelrich Kelly: Councilmember Parra Schmidt: Councilmember Brock AUDIT SUBCOMMITTEE 13.C. Appointment to one annual Councilmember vacancy on the Audit Subcommittee for a term ending June 30, 2025, was presented. The Mayor opened the floor to nominations. Councilmember Brock volunteered to serve on the Audit Subcommittee. There being no other nominations, Councilmember Brock was appointed to the Audit Subcommittee for a term ending June 30, 2025, 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: A52ACF88-864E-407F-AA51-31EE0222BC59 14 August 24, 2021 ARTS COMMISSION 13.D. Recommendation to accept Rocio X Garcia's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to accept the resignation with regret. 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 HOMELESSNESS AD HOC 13.E. Request of Mayor Himmelrich, Mayor Pro Tem McCowan and Councilmember Parra that the City Council form an ad hoc committee of 3 council members to study and make recommendations for future strategic investments that would advance the City’s Four Pillars Strategy to Address Homelessness. The ad hoc committee would act as liaisons and advisors to the Social Services Commission and would participate in the Social Services Commission’s discussions on topics such as behavioral health. Ad hoc committee recommendations would inform priorities for allocating local funding, staffing capacity, and opportunities to leverage non-City public and private resources. The ad hoc committee recommendations would be timed to coincide with the release of the results of the Homeless Count in Spring 2022, was presented. There was no public comment on this item. Questions asked of and answered included, but not limited to: how will this Ad hoc committee work with the Social Services commission, with concerns about this not being a Brown Act body; how will the public be kept informed about the work of the committee; who’s going to staff this committee; and, would it be possible to have a member of the City Attorney’s Office available for the meetings. Mayor Pro Tem McCowan stated that she was willing to step down and allow another Councilmember to serve on this ad hoc. Councilmembers Brock, Negrete, and Parra expressed an interest in volunteering for this ad hoc committee. Motion by Councilmember de la Torre, seconded by Mayor Himmelrich, to approve the recommendation to create an Ad hoc committee, with Councilmembers Negrete, Parra and Brock. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 15 August 24, 2021 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 LABOR RELATIONS 13.F. Request of Councilmembers Davis, Brock and Mayor Himmelrich that the City Council express its position that, to protect the health and safety of both City employees and the public we serve, absent legitimate medical or religious concerns, all City employees, volunteers, and contractors should be required to be fully vaccinated against COVID-19, was presented. Members of the public Denise Barton, Dhun May, Melonie Wise, Zina Josephs, and Kathy Knight, spoke on the recommended action. Motion by Councilmember Davis, seconded by Councilmember Parra, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember de la Torre ABSENT: None ABSTAIN: Councilmember Negrete Councilmember de la Torre stated his no vote reflects his view of concerns that the mandate violates people’s constitutional rights, concern for legal liabilities for the city, would like to see more access and incentives for the vaccines, but cannot support the mandate. ZONING 13.G. Recommendation of Councilmembers Negrete, Davis, and Parra, that Council direct staff to present to the Planning Commission for initial consideration and then to the Council a text amendment to the Zoning Ordinance to remove from SMMC Section 9.11.020, Land Use Regulations – Commercial and Mixed-Use Corridor Districts and SMMC Section 9.10.020, Land Use Regulations—Downtown Districts, the requirement that a tattoo or body modification parlor obtain a minor use permit in the MUBL, MUB, GC, NC, LT, NV, BC, TA, OT and WT districts, and instead make this use a permitted use in the MUBL, MUB, GC, NC, LT, NV, BC, TA, OT and WT districts, subject to the special requirements set out in SMMC Section 9.31.230(C) , was presented. There was no public comment for this item. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 16 August 24, 2021 Motion by Councilmember Negrete, seconded by Councilmember Davis, 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 BOARDS AND COMMISSIONS 13.H. Request of Mayor Pro Tem McCowan, Councilmember Davis, and Councilmember Brock that the Council: 1) receive an update from the Boards and Commissions Ad Hoc Committee; 2) provide feedback to the Ad Hoc Committee relating to the update; and 3) provide any additional recommendations related to the Ad Hoc Committee’s continued work reviewing the City’s Boards and Commissions procedures, was presented. There was no public comment on this item. Considerable discussion ensued on topics including, but not limited to: how do we get more young people involved, look into forming a Youth commission; disabilities should remain as a stand-alone because of the issues that come up; special qualifications and requirements may be required for some commissions; a better system if each Councilmember would be responsible for making appointments to boards, commissions and task forces instead of having one big pool; issues with maintaining all the current bodies with the reduced resources; how can there be a way to form a group that can meet all groups concerns and be more inclusive; create opportunities to make sure that the commissions are current and meeting the needs of current residents; create subcommittees to address a broader range of issues as they come up; and, reimagine some commissions to be more current and be more inclusive. LATINO/HISPANIC HERITAGE MONTH 13.I. Request of Councilmembers Brock and Parra that, to enhance Latino/Hispanic heritage month and resident/family-focused programming on the Santa Monica Pier, Council direct staff to: (1) waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the annual Santa Monica Classic Car Show on the Santa Monica Pier scheduled for September 11, 2021 from 9-5 pm presented by the Pico Youth and Family Center; and (2) allocate up to $5,000 of Council discretionary funds to reimburse the Pico Youth and Family Center for documented expenditures to support sound, entertainment, and promotional materials for this event that will be free and open to the public, was presented. DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59 17 August 24, 2021 Councilmember de la Torre excused at 12:54 a.m. Councilmember de la Torre recused himself from this item to avoid a potential conflict of interest because he is associated with Pico Youth and Family Center. There was no public comment on this item. Motion by Mayor Himmelrich, seconded by Councilmember Parra, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre PUBLIC INPUT: Councilmember de la Torre returned at 1:03 a.m. Members of the public Olivia Landon and Denise Barton commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:10 a.m. in memory of Mary Ester Leyas, Belinda Vamos and Justin Paul McCowan. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: A52ACF88-864E-407F-AA51-31EE0222BC59