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m20211123.pdf 1 November 23, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 23, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:32 p.m., on Tuesday, November 23, 2021, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Lana Negrete (arrived at 5:34 p.m.) Councilmember Oscar de la Torre Councilmember Christine Parra Absent: Councilmember Gleam Davis Also Present: 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 5:32 p.m., with all members present except Councilmembers Negrete and Davis. Councilmember Parra led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember Negrete arrived at 5:34 p.m. There was no public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:34 p.m., to consider closed sessions and returned at 6:34 p.m., with Councilmember Davis absent, 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): NMS 1539, LLC et al. v. City of Santa Monica, et al., Central District of California, Case 2:20-CV-11318; NMS 1539, LLC et al. v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCP04004. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.B. Conference with Legal Counsel – Existing Litigation – DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 2 November 23, 2021 Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Kristofer Gonzalez v. City of Santa Monica, U.S. District Court Case No. 2:20-CV-06947-RGK (AGR). 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): Bridget Cade v. City of Santa Monica, LASC, 20 STCV11832. The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report, was presented. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and John Alle commented on various Consent Calendar items. At the request of Councilmember Parra, Item 3.A. was removed from the Consent Calendar. At the request of Councilmember de la Torre, Item 3.B was removed from the Consent Calendar. Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to approve the Consent Calendar except for Items 3.A. and 3.B., 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, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis TELECONFERENCE MEETINGS 3.C. Adoption of Resolution No. 11384 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361 DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 3 November 23, 2021 TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE”, was adopted. Recommended Action Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces after November 26, 2021. MINUTES 3.D. Minutes for the City Council Regular Meeting - September 14, 2021, were previously approved at the November 9, 2021 meeting. DOWNTOWN SANTA MONICA, INC. 3.A. Approval of Downtown Santa Monica, Inc. FY21/22 Proposed Budget and Work Plan and Tenth Modification of Maintenance Services Agreement, was presented. Recommended Action Staff recommends that the City Council: 1. Approve the Downtown Santa Monica, Inc. Fiscal Year 2021-22 Budget and Work Plan; 2. Authorize the City Manager to negotiate and execute a Tenth Modification of the Maintenance Services Agreement to extend the term of the Maintenance Services Agreement (Contract No. 9626) for an additional one-year period; 3. Authorize the City Manager to negotiate and execute a Memorandum of Understanding between the City and Downtown Santa Monica, Inc. for ice rink electrical infrastructure and Promenade fountain tile replacement, in an amount not to exceed $256,000, over a one-year period. Councilmember Parra pulled this item for a full report, and to ask questions of staff. Questions asked and answered of staff included: does the maintenance address all parking garages; how many times a day are the elevators being cleaned, and is it every day; is the indemnity issue covered in this maintenance agreement; do we need to appropriate more money to improve the cleanliness in the restrooms, stairwell and parking garage maintenance; how do we mediate those funds to make sure that Downtown is clean and safe 365 days a year; are we doubling the amount of Ambassadors; is it true that there are only two public restrooms open in the Promenade; are the two restrooms open 24 hours, and is there a way to extend the hours the public restrooms, especially during the holidays; is the security budget doubling, and where is that funding being used; where is the power washing DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 4 November 23, 2021 contracting coming from; and, is the allocation for security adequate. Motion by Councilmember Negrete, seconded by Councilmember Parra, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis PEDESTRIAN SAFETY 3.B. Award Construction Contract No. 11228 (CCS) to Access Pacific, Inc. for the Pico Boulevard Pedestrian Safety Improvements Project, was presented. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2648 to Access Pacific, Inc. for construction services for the Pico Boulevard Pedestrian Safety Improvements Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute a contract with Access Pacific, Inc. in an amount not to exceed $2,427,614 (including a 10% contingency); and 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. Councilmember de la Torre pulled this item to ask questions of staff. Question asked and answered of staff included, will businesses lose any parking, if this is approved. Motion by Councilmember de la Torre, seconded by Mayor Pro Tem McCowan, to approve the recommendation. The vote was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmembers Davis ADMIN. PROCEEDINGS: OCEANA HOTEL 6.A. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code (SMMC) Section 9.08.020; and Appeals of Planning Commission's Denial of Two Conditional Use Permits to Allow Meal and Alcohol Service to the General Public at the Oceana Hotel’s Existing Restaurant, was presented. DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 5 November 23, 2021 Recommended Action Staff recommends Council take the following actions: 1. Introduce for first reading a proposed ordinance to amend Santa Monica Municipal Code Section 9.08.020 to establish a Conditional Use Permit (CUP) requirement for an existing legal, nonconforming hotel restaurant located within the R2 and R3 zoning districts to request approval to provide meal service to the general public, provided that certain criteria are met. 2. Grant the appeals of Planning Commission’s denial of two Conditional Use Permits associated with the Oceana Hotel’s request to 1) provide meal service to the general public pursuant to the proposed text amendment; and 2) modify the hotel’s existing alcohol CUP to provide service to the general public; and 3. Approve Conditional Use Permits 20ENT-0237 and 21ENT-0090; and; 4. Approve the Statement of Official Action. Ex-Parti Communications reported: Councilmember de la Torre visited the property and met with the General Manager to look at the site to see how large the restaurant was, also spoke to Elizabeth Vandenburg, who is opposed to this, expressed residents' concerns about a month ago. On July 21st, Councilmember Brock met with the property owner, the general manager, Jim Lippman, and their attorney Kevin Kozal from 9 AM to 10 AM. They discussed concerns from residents heard at the Planning Commission meeting, later hours at the restaurant and on Sunday nights. On November 12th, Councilmember Brock had a phone conversation with Lippman from 4 PM to 4:30 PM. Expressed resident concerns about noise from deliveries. Spoke with the Wilmont Neighborhood Association regarding various issues; Elizabeth Vandenburg sponsored a Zoom call with residents living adjacent to the property regarding early deliveries, garage gates, increased traffic, and a slippery slope of more hotels adding on-site meals. Councilmember Brock did not pay for breakfast. On July 22nd at 1:30 PM, Mayor Pro Tem McCowan met for one hour with the hotel owner, Jim Bowman, the General Manager, Bobby Lee and their attorney, Kevin Kozal, in the restaurant of the Oceana Hotel. They discussed the history of hotel, its current ownership, their goals to bring back the vision of past meal service; economic impact of COVID on business; and, Mayor Pro Tem McCowan paid for her own meal. Mayor Himmelrich stayed at Oceana Hotel sometime between 2000 and 2005 and there was no restaurant but a snack bar at the pool at the time. Since that time, the Mayor has not spoken to the Manager. Last Saturday DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 6 November 23, 2021 around noon, she spoke with Elizabeth Vandenburg and Mary Marlow, both who are opposed to the project. Councilmember Negrete spoke with owner on July 29th around 9:45 am, met and had coffee. Discussed the same matters discussed with Mayor Pro Tem McCowan. She conveyed community concerns including additional truck traffic and impacted alleyways. Toured alleyways. Discussed various issues brought up at the Wilmont Neighborhood Association meeting. On Wednesday, September 1st, Councilmember Parra met with Kathleen Rawson for dinner at the hotel. She had a meet and greet with the hotel owner and general manager and toured the property and restaurant. She brought up questions about noise and relationships with residents. She spoke with Elizabeth Vandenburg on November 21st. Councilmember Parra paid for own meal. Staff stated for the record that there was a typo correction in Condition #32 concerning “bottle service” and removal of Condition #5, and the conditions in the official statement of action have been corrected. Jim Lippman, Owner of the hotel, Jim Baumann, and Bobby Lee represented the hotel. James Lippman, owner of Hotel Oceana, presented that they plan to reduce restaurant hours to close at 10 pm every night, including weekends; after 7pm, they will park any outside restaurant guest cars in the existing carports located in the back of the hotel; will reduce vendor delivery to only Monday, Wednesday and Friday, between 10 am and 4 pm; they will not allow takeout of any kind, including from food delivery services; and, he is willing to add to the requirements that there will be no direct entrance to the restaurant. Members of the public Denise Barton, Casey Cartwright, Valerie Griffin, Jeremy Stoot, George Carlott, Carl Hansen, Elizabeth Lerer, Jason Mathbaum, Elena Christopolous, and Zina Josephs spoke to the recommendation. In his rebuttal, owner, James Lippman, spoke about tequila tastings and trunk shows; does not have a rooftop patio but does have a third-floor mezzanine which is only available to hotel guests. Questions asked and answered of staff included: if there was the increase in size, would that increase the amount of staff; did they previously have a rooftop patio, and are there any plans to create one; does the hotel have a transportation management plan, and is there onsite parking for wait and kitchen staff; how many hotel employees are there; for clarification, when DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 7 November 23, 2021 was the last time the restaurant in its current state was renovated; when did the restaurant grow to 67 seats; what would it take for the owner to make modifications, if some of the concerns come to fruition; how does a concerned resident get something documented at the city level so that it gets reviewed when the time for compliance review comes up; does complaints through the 311 system get included in the compliance review; what does enforcement look like after a violation is reported; if there is a violation to the use, can the use be taken away; once a new CUP is issued, and there is a record of violations, can the city never go back and revoke that CUP; the second condition requires food service as part of the liquor permit, does that mean a person has to order food with a drink; are non- guest able to sit around the pool and drink alcohol; how many complaints have there been for this hotel for the past year; if the hotel decided to add seats to the restaurant or the pool area, would they have to come back for approval; why is this not spot zoning; can Council decide that patio space only be reserved for hotel guests; is the CUP for this current owner only; and, where would the process for complaints go in the text amendment or the Conditional Use Permit. Considerable discussion ensued on topics including, but not limited to: taking steps to reduce garage door noise; is this a private owned or corporate owned property; the size of the restaurant, and if it is really being created to serve the local community, instead of an expansion; the rooftop restaurant and bar area, does it exist, and is it only for hotel guest; the ability to walk to a restaurant is a way to bring a community together; the applicant through his actions have shown that he is a good neighbor; what if this owner sells the business, and the next owner is not such a good neighbor, what will happen to the residents and neighborhood; this text amendment does not mean that other hotels will be able to open up restaurants and bars in neighborhoods; and concerns over the noise and deliveries. Motion by Councilmember Negrete, seconded by Mayor Pro Tem McCowan, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion failed by the following vote: AYES: Councilmembers Negrete, Brock, Mayor Pro Tem McCowan, NOES: Councilmembers Parra, de la Torre, Mayor Himmelrich ABSENT: Councilmember Davis Mayor Himmelrich called for a 10-minute recess at 9:53 p.m. The Council reconvened from the recess at 10:02 p.m. DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 8 November 23, 2021 Motion by Mayor Himmelrich, seconded by Councilmember Parra, to deny the appeals of Planning Commission’s denial of two Conditional Use Permits associated with the Oceana Hotel’s request. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Negrete ABSENT: Councilmember Davis ORDINANCES: ZONING 7.A. Introduction for First Reading of an Ordinance to Amend the Text of the City's Zoning Ordinance to Remove the Minor Use Permit Requirement for Tattoo or Body Modification Parlors in the City’s Downtown and Mixed-Use and Commercial Districts, was presented. Recommended Action Staff recommends that the City Council introduce for first reading an ordinance to amending SMMC 9.10.040 and 9.11.020 of the Zoning Ordinance to remove the Minor User Permit requirement for Tattoo or Body Modification Parlors in the City’s Downtown and Mixed-Use and Commercial districts. Member of the public Jonathan Foster commented on the recommendation. Question asked and answered of staff included, what are the boundaries this policy impacts. Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis SPECIAL JOINT MEETING On order of the Mayor, the City Council convened to a special joint meeting with the Housing Authority at 10:10 p.m., with Commissioner/ Councilmember Davis absent. Housing Authority Board Tenant Representative Elizabeth Cochran was present on the dais and Housing Authority Board (HAB) Tenant Representative Donna Brown was absent for questions and discussion. DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 9 November 23, 2021 REPORT ON MEETING COMPENSATION Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive $50 in compensation for meeting as the Housing Authority. STAFF ADMINISTRATIVE ITEMS: HOUSING VOUCHERS 8.A. Emergency Housing Voucher Implementation, was presented. Recommended Action Staff recommends that the Housing Authority Board approve the proposed revisions to the Housing Authority 2021-22 Administrative Plan (Attachment A) to implement the new Emergency Housing Voucher program, incorporate minor revisions supporting opportunities for longer- term residents and people experiencing homelessness, and clarify policy regarding reasonable accommodations, voucher size reductions, and moving. Staff recommends that the City Council approve the FY 2021-23 budget and position changes described in the Financial Impact and Budget Action section of this report, to provide support for the administration and operation of new and existing affordable housing programs. Members of the public Lynn Cervini, Olga Zurawaska and Denise Barton spoke to the recommendation. Questions asked and answered of staff included: is there a dedicated American Disabilities Act (ADA) staff person to handle citywide issues; if a housing applicant has an ADA issue, would the ADA staff person in Finance assist the applicant; within the Housing staff, are people trained to assist people with related ADA issues; can a list of all of the affordable units in Santa Monica be placed somewhere online and available for the public, or a list of who is on the list and where applicants fall on the list; would it be possible to rehire staff that was previously laid off, and would that expedite the employment process; by hiring full-time employees, is it going to expeditiously increase the time people are on the waitlist; what are the specific duties of this position, and how is it going to help expedite the list; any idea how this is going to look cost wise, even though it’s using Federal funds; is there any possibility if there is an increase in GSH funds, that a new permanent Administrator position could be added; is it effective to go from having one Housing Manager to combining the role into Human Services; are we able to do everything we need to do under the current management structure; does the Federal government require a dedicated ADA Coordinator in housing; do we have a person on the Housing Authority who meets the houseless, homeless requirement; does that person who meets the continuum of care requirement have an opportunity to express their issues to the City Council; is there data to show that most of the housing vouchers are steered into the Pico neighborhood; would we get more vouchers, if we set different standards; what’s the average tenure of a DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 10 November 23, 2021 voucher holder; and, should there be a homeless person on the Housing Authority board. Considerable discussion ensued on topics including, but not limited to, that it would be helpful to have frequently asked questions posted online showing the services the Housing division provides. Motion by Vice Chair McCowan, seconded by Commissioner Negrete, to approve the proposed revisions to the Housing Authority 2021-22 Administrative Plan. The motion was approved by the following vote: AYES: Commissioners de la Torre, Brock, Negrete, Parra, Vice Chair McCowan, Chair Himmelrich HAB Tenant Representative Cochran NOES: None ABSENT: Commissioner Davis, HAB Representative Brown Motion by Mayor Pro Tem McCowan, seconded by Councilmember Negrete, to approve the FY 2021-23 budget and position changes described in the Financial Impact and Budget Action Report. The motion was approved by the following vote: AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Chair/Mayor the special joint meeting with the Housing Authority adjourned at 11:07 p.m., and the regular meeting of the City Council reconvened with Councilmember Davis absent. COUNCILMEMBER DISCUSSION ITEMS: REDISTRICTING 13.A. Request of Mayor Himmelrich to send a letter to the California Redistricting Commission signed by the Mayor requesting that we remain with the beach and westside cities that align with our issues, challenges, and values in creating our congressional, senate and assembly districts, and direct City staff to communicate with the California redistricting Commission and oppose any proposals that would misalign the City’s interests, was presented. There was no public comment for this item. Motion by Councilmember Negrete, seconded by Councilmember Brock, to approve the recommendation. The motion was approved by the following vote: DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 11 November 23, 2021 AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis MAIN STREET BUSINESS IMPROVEMENT ASSOCIATION 13.B. Request of Councilmembers Brock and Davis that the Council allocate $5,000 of its discretionary funds to the Main Street Business Improvement Association to support the Shopping Cart Christmas Tree art installation at the Edgemar Center on Main Street. This public art installation is a longstanding Main Street tradition and is the center of Main Street holiday festivities. The Main Street Business Improvement Association already has raised $10,000 for the project; the Council contribution will help close a gap in funding for the art installation. For historical reference, last year council contributed $5,000 to the cost of constructing the Shopping Cart Christmas Tree, was presented. There was no public comment on this item. Motion by Councilmember Brock, seconded by Mayor Himmelrich, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis HOUSING COMMISSION 13.C. Recommendation to authorize the City Clerk to publish the vacancy on the Housing Commission due to enactment of City’s new nepotism policy, was presented. There was no public comment on this item. Motion by Councilmember Brock, 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, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis LEADED FUEL 13.D. Request of Councilmembers Brock and de la Torre that Council direct the City Manager to cease all storage, distribution, and sale of leaded fuel from equipment and storage tanks owned and operated by DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979 12 November 23, 2021 the City of Santa Monica at Santa Monica Airport on or before April 1, 2022. Further that the City Manager is instructed to determine and report back by January 11, 2022, what agreements or obligations, if any, would hamper the implementation of the above. In addition to the above, any new leases that would involve the leasing of any current city-owned fuel tanks for leaded fuel be reviewed by the City Council before execution of any such leases, was presented. Members of the public Ben Wang, Charles Blum and Zina Josephs spoke on the recommended action. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Davis PUBLIC INPUT: Members of the public Sprint Edmuns, Michelle Gray, Jonathan Foster, John Alle and Olga Zurwaska commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:50 p.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 94D29226-5152-47FF-8C87-88C6CA8F2979