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m20220111 1 January 11, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 11, 2022 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:31 p.m., on Tuesday, January 11, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/pfqutucg 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: City Manager David White Interim City Attorney Joseph Lawrence City Clerk Denise Anderson-Warren CONVENE On order of the Mayor, the City Council convened at 5:31 p.m., with all members present. CLOSED SESSIONS Councilmember de la Torre was excused at 5:37 p.m. Councilmember de la Torre returned at 5:50 p.m. No members of the public provide 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 7:35 p.m., with all members present, except Councilmember Parra 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): Barbara Williams v. City of Santa Monica, Los Angeles Superior Court, Case No. BC701903 The Interim City Attorney advised this lawsuit arose out of an incident that occurred on November 10, 2017, when plaintiff, Barbara Williams, then age 52, tripped on a parkway tree root after exiting her vehicle near 212 San Vicente Blvd. Ms. Williams claims significant injuries and damages including a concussion, traumatic brain injury, back pain with epidural injections, and permanent facial scarring. Her medical bills to date exceed $32,000. Plaintiff’s initial demand was for $2.1Million. There have been multiple mediations. Following the latest mediation, the DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 2 January 11, 2022 Councilmember Parra was excused at 7:30 p.m. mediator made a mediator’s proposal in the amount of $320,000. Plaintiff has agreed to accept the proposal conditional upon City Council approval. The City Attorney’s Office recommended the Council approve a settlement in the amount of $320,000. Motion by Councilmember Davis, seconded by Mayor Himmelrich, to approve Settlement Agreement No. 11231 (CCS), in the amount of $320,000. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Parra 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Santa Monica Firefighters Association, Local 1109 v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE- 1514-M. The Interim City Attorney advised this matter involved Santa Monica Firefighters Association Local 1109 filed an unfair labor practice charge with the Public Employee Relations Board (PERB) alleging that the City made a unilateral change in benefits in violation of the Meyers Milias Brown Act (MMBA) by changing the past practice of accrual and use of compensatory time off (aka “ATO”) without first meeting and conferring with the union. The parties have reached a settlement, in which the City has agreed to (1) withdraw the memo that changed the ATO practice, (2) modify the MOU to increase the maximum accrual of ATO for one calendar year, and (3) pay Local 1109 $10,000 in attorneys’ fees and costs. The City Attorney’s Office recommended the Council approve the settlement terms. Motion by Councilmember Brock, seconded by Councilmember Davis, to approve Settlement agreement No. 11232 (CCS), in the amount of $10,000, with terms. The motion was approved by the following vote: AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Parra 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Santa Monica Bayside Owners Association v. City of Santa Monica and the California Coastal Commission, Los Angeles Superior Court 21SMCP00269 DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 3 January 11, 2022 Councilmember Parra returned at 7:40 p.m. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 3021 Airport Avenue (~90,000 sf) and 3025 Airport Avenue (~7,000 sf), Santa Monica, California; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director and Jennifer Taylor, Economic Development Manager; Owner of Record: City of Santa Monica; Persons to be negotiated with Monolith Studios; Under negotiation: Ground Lease and Building Lease Terms The Interim City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Oscar de la Torre v. City of Santa Monica, Los Angeles Superior Court, Case No. 21STCV08597 The Interim City Attorney advised this matter was heard with no reportable action taken. 1.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Pouran Yazhari v City of Santa Monica, Los Angeles Superior Court, Case No: 20STCV26250 The Interim City Attorney advised this lawsuit arose out of an incident that occurred on August 14, 2019, when plaintiff, Pouran Yazhari, then a 68-year old woman, tripped and fell on a sidewalk lift located on Santa Monica Blvd. near 23rd Street after leaving her doctor’s office. The City had identified the lift during its annual sidewalk inspection, but had not yet had an opportunity to repair it when the incident occurred. The parties participated in private mediation and agreed to settle this matter for $150,000 conditional upon City Council approval. The City Attorney’s Office recommended a settlement in the amount of $150,000. Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to approve Settlement agreement No. 11233 (CCS), in the amount of $150,000. 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 1.G. Conference with Legal Counsel – Existing Litigation – Litigation has DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 4 January 11, 2022 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. 1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): Bonnie Kessner, et al., v. City of Santa Monica, et al., Santa Clara Superior Court, Case No. 20CV364054 The Interim City Attorney advised this lawsuit is a class action involving 84 plaintiffs against 84 co-defendant cities/water districts throughout the state. The lawsuit claims that these defendants improperly charged their water rate payers for general fund services – i.e., standby fire hydrant service. The trial court recently upheld a ruling sustaining the defendants’ demurrers based on section 5472 of the Health and Safety Code (payment under protest statute), and plaintiffs have offered to dismiss this case against the defendants without prejudice in exchange for a waiver of costs. Costs for Santa Monica are only approximately $1,000. The City Attorney’s Office recommended the Council accept the dismissal without prejudice in exchange for waiver of costs. Motion by Councilmember Brock, seconded by Councilmember Parra, to accept Settlement Agreement No. 11234 (CCS), to accept the dismissal without prejudice in exchange for the waiver of costs. 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 SPECIAL AGENDA ITEMS: 2.A. Proclamation: Homeless Count Week, was presented to Maggie Turner. 2.B. City Manager Report, was presented. Member of the public, John Alle commented on this item. 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 Cathy Knight and Patricia McPherson commented on DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 5 January 11, 2022 various Consent Calendar items. The Mayor reported that staff requested to have Item 3.A. pulled from the agenda to be brought back for a future meeting. At the request of Councilmember de la Torre, Items 3.D and 3.H were removed from the Consent Calendar. At the request of Councilmember Brock, Items 3.F was removed from the Consent Calendar. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the Consent Calendar except for Items 3.A, 3.D, 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 BROKERAGE SERVICES 3.A. Approval of First Modification to Agreement #10713 with Corporate Realty Group for Brokerage and Consulting Services, was pulled at request of staff. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10713 (CCS) in the amount of $295,681, including a 10% contingency, with Corporate Realty Group (CRG) for commercial real estate brokerage and related consulting services for the Public Works Department. This will result in a three-year amended agreement with two one-year options to renew with a new total amount not to exceed $1,440,720, including a 10% contingency, with future year funding contingent on Council budget approval. TELECONFERENCE MEETINGS 3.B. Adoption of Resolution No. 11393 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361 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 approved. 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 through February 11, 2022. DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 6 January 11, 2022 MOBILITY ON DEMAND 3.C. Approval of Extension of Contract with Lyft for Mobility on Demand Every Day (MODE) Service for Santa Monica Seniors and People with Disabilities, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10585 with Lyft, Inc for Mobility on Demand Every Day (MODE) services. This will result in a change from three option years to four option years for a total contract term of five years and will not exceed the budget of $2,400,000 authorized by Council on 11/28/2017. SEISMIC ANALYSIS/PLAN REVIEW SERVICES 3.E. Approval of Second Modification Extending Term of Professional Services Agreement with Degenkolb Engineers for Seismic Structural Analysis and Plan Review Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10635 (CCS) with Degenkolb Engineers for seismic structural analysis review and seismic plan review services for the Community Development Department. This modification will extend the term by one year and will result in a five-year amended agreement. 1432 17TH STREET 3.G. Adoption of Resolution No. 11394 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL TRACT MAP FOR TRACT NO. 82563 TO SUBDIVIDE A PROPERTY AT 1432 17th STREET”, was approved. Recommended Action Staff recommends that the City Council adopts the attached resolution accepting and approving Final Tract Map No. 82563 for a six-unit condominium project located at 1432 17th Street. MINUTES 3.I. Minutes of City Council - Regular and Special Joint Meeting - November 23, 2021 5:30 PM, were approved. MINUTES 3.J. Minutes of City Council - Special Meeting - December 7, 2021 5:30 PM, were approved. MINUTES 3.K. Minutes of City Council - Regular and Special Joint Meeting - December 14, 2021 5:30 PM, were approved. WELLS 3.D. Adoption of Resolution No. 11395 (CCS) to entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE CHARNOCK WELLS #13 and #18 REPLACEMENT PROJECT AND THE SANTA MONICA BASIN DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 7 January 11, 2022 GROUNDWATER REPLENISHMENT WELLS PROJECT”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt the attached resolution authorizing the application for grant funds from the California State Department of Water Resources in the amount of $7,303,923 for the Charnock Wells #13 and #18 Replacement Project and up to $8,178,887 for the Santa Monica Basin Groundwater Replenishment Wells Project in the Public Works Department; and 2. Authorize the City Manager and his or her designee to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded. Pulled by Councilmember de la Torre to ask questions of staff included, if there’s a grant deadline that needs to be met, can this be postponed, or is there a way to include the Ballona Wetlands Reserve as we move forward with implementing the funding conditions. Motion by Councilmember de la Torre, seconded by Mayor Himmelrich, to approve staff 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 SEISMIC ANALYSIS/PLAN REVIEW SERVICES 3.F. Approval of Second Modification of Term Extension for Professional Services Agreement with IDS Group for Seismic Structural Analysis and Plan Review Services, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10636 (CCS) with IDS Group, Inc. for seismic structural analysis review and seismic plan review services for the Community Development Department. This modification will extend the term by one year and will result in a five-year amended agreement. Pulled by Councilmember Brock. Questions asked and answered of staff included: how far behind are we on our seismic retrofit program, and how do we catch up; is there anything we can do to speed up this process; and are we making significant progress. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 8 January 11, 2022 NOES: None ABSENT: None BOARDS AND COMMISSIONS 3.H. Adoption of Resolution No. 11396 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS, COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER 11383 (CCS)”, was presented. Recommended Action Staff recommends that the City Council adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards to include the approved recommendations from the ad hoc committee for boards and commissions on December 14, 2021 and repealing Resolution No. 11338 (CCS). This item was pulled by Councilmember de la Torre to ask staff if this resolution could be amended to include a requirement that the City Clerk provide an annual report on the aggregate demographic profile of the Boards and Commissions. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve staff recommendation, as amended. 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 ORDINANCES: PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION 7.A. Second Reading and Adoption of Ordinance No. 2686 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.50 THAT ESTABLISHED A PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 9 January 11, 2022 PERMIT REQUIREMENTS 7.B. Second Reading and Adoption of Ordinance No. 2687 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO REMOVE THE MINOR USE PERMIT REQUIREMENT FOR TATTOO AND BODY MODIFICATION PARLORS IN THE CITY’S DOWNTOWN AND MIXED-USE AND COMMERCIAL DISTRICTS”, was presented. Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Motion by Councilmember Negrete, 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 STAFF ADMINISTRATIVE ITEMS: 1318 FOURTH STREET 8.A. Adoption of CEQA Findings and Authorization to enter into Agreement No. 11235 (CCS) with EAH, Inc. for the 1318 Fourth Street Affordable Housing Development, was presented. Recommended Action Authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with EAH, Inc. for a mixed-use, affordable housing development on the City-owned site located at 1318-20 Fourth Street and adopt the CEQA Findings in this Staff Report under “Environmental Status”. Robin Hughes from Abode Communities presented to Council. Tara Barauskas from Community Corp. of Santa Monica presented to Council. Steven Spielberg from EAH presented to Council. Members of the public Nancy Hamilton, Richard Hilton, Laura Hall, Denise Barton, Allen Lynch, Olga Zurawaska, Barney Deasy, David Morris, Jordan Ross, Jonathan Foster, Phyllis Dudick, Michael Soloff, Ann Thanawalla, Danielle, and Danecia Malone spoke on the recommended action. Questions asked and answered of staff included: does the ground lease for this property stay with the developer for a specific amount of time, or does this land get sold to the developer; what happens if the lessee doesn’t keep it’s affordable housing covenant; is it correct that all of the information about the grantees is available to the public online; are we going to make sure the public outreach involves more of the people who are going to live there, instead of those who are DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 10 January 11, 2022 not; is staff comfortable deciding what is the eventual best project based on the community feedback during the design process; is there anything that can be done to move this project to be completed sooner, in order to provide housing sooner than 2024; was there one real reason that put EAH above of the other proposals; in the scoring process, there’s fewer than six points between the top three, where did the panel score the biggest difference by categories; how adaptable do the teams seem at being able to be flexible with their ground floor plans, given that times and needs change; what information can be provided to address some of the negative comments and feedback about one of the vendors; how long has it been since the city has had a full request for proposals (RFP) for all grantees; and, did any of the bidders include project labor agreements in their proposals. Considerable discussion ensued on topics including, but not limited to, having a robust community dialog about the project, and making sure that the right service provider is selected. Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the CEQA findings. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember de la Torre to authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with Community Corp. The motion died due to a lack of a second. Motion by Councilmember Davis, seconded by Councilmember Brock, to authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with EAH, Inc. for a mixed-use, affordable housing development on the city-owned site located at 1318-20 Fourth Street. The original 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 Direction was given to staff to evaluate the social services that are being provided and to ensure we have the best social services provider and evaluate the social services provider as the city negotiates with the development team, and to look for every opportunity to shorten the timeframe to get this project built. COUNCILMEMBER DISCUSSION 13.A. Year-End Appointments to Boards and Commissions for terms ending December 31, 2020 and December 31, 2021, was presented. DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 11 January 11, 2022 ITEMS: YEAR-END APPOINTMENTS Member of the public Jim Kennedy, spoke on the recommended action. Board/Commission Number of Appts Term End Date Requirements Clean Beaches & Ocean Parcel Tax Citizens Oversight 3 6/30/2023* Santa Monica Resident 2 6/30/2024* On order of the Mayor, the floor was opened for nominations for the term ending in 2024. Mayor Himmelrich nominated Benjamin Kay and Mary Marlow for the two seats with terms ending June 30, 2024. Mr. Kay and Ms. Marlow were appointed to the Clean Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2024, by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None On order of the Mayor, the floor was opened for nominations for the term ending in 2023. Mayor Himmelrich nominated Jim Kennedy. There being no other nominations, Jim Kennedy was appointed to the Clean Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2023, by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None On order of the Mayor, the floor was opened for nominations for the term ending in 2023. Mayor Himmelrich nominated Ashley Oelsen. There being no other nominations, Ashley Oelsen was appointed to the Clean Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2023, by the following vote. AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 12 January 11, 2022 ABSENT: None On order of the Mayor, the floor was opened for nominations for the term ending in 2023. Mayor Himmelrich nominated Sami Rasromani Councilmember Davis nominated Daniel Cody Sami Rasromani was appointed to the Clean Beaches & Ocean Parcel Tax Oversight for a term ending June 30, 2023 by the following vote: Rasromani: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Himmelrich Cody: Councilmember Davis, Mayor Pro Tem McCowan Councilmembers Davis and Mayor Pro Tem McCowan changed their votes to Rasromani, thereby appointing Rasromani unanimously to the Clean Beaches & Ocean Parcel Tax Citizens Oversight, with all members present. Board/Commission Number of Appts Term End Date Requirements L.A. County West Vector Control District 1 6/30/2026 Santa Monica Registered Voter The City Clerk reported that because there were no applicants for this appointment, this appointment will be re-advertised and brought back for a future meeting. Board/Commission Number of Appts Term End Date Requirements Santa Monica Pier Corporation 4 6/30/2026 Resident or person who does business or are employed in Santa Monica. On order of the Mayor, the floor was opened for nominations. Councilmember Davis nominated Misti Kerns. There being no other nominations, Misti Kerns was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote: DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 13 January 11, 2022 AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None On order of the Mayor, the floor was opened for nominations. Councilmember de la Torre nominated Nicolas Rolston. There being no other nominations, Nicolas Rolston was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None On order of the Mayor, the floor was opened for nominations. Mayor Himmelrich nominated Carter Rubin. There being no other nominations, Carter Rubin was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote: AYES: Councilmembers de la Torre, Negrete, Davis, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Brock, Parra ABSENT: None On order of the Mayor, the floor was opened for nominations. Councilmember Brock nominated David Newberg Councilmember Negrete nominated Michael Dubin Councilmember Davis nominated Dan Hall Dan Hall was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote: Newberg: Councilmembers de la Torre, Brock Dubin: Councilmember Negrete Hall: Councilmembers Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich SANTA MONICA LIBRARY BOARD 13.B. Recommendation to accept Sidonie Smith's resignation from the Santa Monica Library Board and authorize the City Clerk to publish the vacancy, was presented. DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 14 January 11, 2022 There was no public comment on this item. Motion by Mayor Himmelrich, seconded by Councilmember Davis, 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 SIDEWALK VENDING 13.C. Request of Councilmembers Brock and de la Torre and Mayor Himmelrich that Council direct the City Manager to incorporate into the City’s 2022 state legislative agenda support for legislation or administrative action to enact changes to the California Retail Food Code that would make it more sensitive to the context of sidewalk vending while ensuring food safety, including but not limited to: Streamlining approvals for code- compliant carts, including by giving more discretion to local health authorities; Revising regulations around the slicing of fruits and vegetables and the hot-holding of prepared foods to establish clear and easy-to-follow safety protocols that account for the types of foods commonly sold by sidewalk vendors; Simplifying sink, power, water, and other equipment requirements; and Expanding the definition of safe locations for food preparation. These changes would facilitate increased access to Los Angeles County Public Health permits and approved vending carts and equipment, reinforcing the City’s existing commitment to advancing an accessible, inclusive sidewalk vending permitting program that expands opportunity and lowers barriers to entry for micro-entrepreneurs to vend food, drinks, and merchandise in a safe, prosperous, and legally compliant manner. This advocacy would be wholly consistent with—and in fact complement—the City’s ongoing comprehensive efforts to address the impacts of unpermitted vending on and around the Santa Monica Pier to public safety, public health, and the environment, including advocacy for potential changes to state law that would enable more effective enforcement in this critical location, was presented. There was no public comment on this item. Motion by Councilmember Brock, seconded by Councilmember Negrete, to approve the recommendation. 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 HOUSING COMMISSION 13.D. Annual Appointment to the Housing Commission for term ending 6/30/2023, was presented. DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 15 January 11, 2022 The City Clerk announced that this appointment was originally heard at the December 7, 2021, meeting where the incumbent Rene Buchanan was reappointed to the two-year seat. It was realized the following day that Ms. Buchanan required five votes to be reappointed for a sixth term, thereby nullifying the vote, to be reconsidered at this meeting. At that same meeting, Theresa Marasco was appointed to a term ending June 30, 2025, but has since submitted a letter stating she was not interested in the 4-year seat, and instead is only interested in being considered for the 2-year tenant housing seat for an affordable housing participant who is homeless or formerly homeless. The seat declined by Ms. Marasco authorizes the City Clerk to publish the vacancy and come back for appointment at the February 22, 2022, meeting. Members of the public David Morris, Denise Barton, Teresa Marasco, Olga Zurawaska, Michael Louis, Ann Thanawalla, Michelle Gray, Denise Barton, Chevy Baruch and Danielle spoke on the recommended action. On order of the Mayor, the floor was opened for nominations. Councilmember Brock nominated Theresa Marasco. There being no other nominations, Ms. Marasco was unanimously appointed to the Housing Commission, for a term ending June 30, 2023, by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None HOUSING COMMISSION 13.E. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2022, was presented. Members of the public David Morris, Teresa Marasco, Michael Louis, Michelle Gray, Denise Barton, Olga Zarawaska spoke on the recommended action. On order of the Mayor, the floor was opened for nominations. Councilmember Brock nominated Gina DeBaca Councilmember Davis nominated Lydia Garcia Mayor Himmelrich nominated Kate Evarts Gina DeBaca was appointed to the Housing Commission for a partial-term ending June 30, 2022 by the following vote: DeBaca: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich Garcia: Councilmember Davis DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 16 January 11, 2022 Evarts: None BOARDS AND COMMISSIONS 13.F. Recommendation to declare board and commission seats vacant for those board and commission members who did not comply with the City COVID-19 Vaccination Policy and authorize the City Clerk to publish the vacancies, was presented. There was no public comment on this item. Motion by Mayor Himmelrich, 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 COVID-19 13.G. Request of Councilmember Brock, Mayor Himmelrich, and Councilmember Parra that the City of Santa Monica implement by executive order or return with an emergency ordinance, as soon as possible, but no later than February 8, 2022, to require that employees and all persons entering certain indoor facilities be fully vaccinated (completed the series of any vaccine that has been approved or authorized by either the Food and Drug Administration or the World Health Organization) against COVID-19. Indoor facilities included in any order or ordinance should be establishments where food or beverages are served, gyms and fitness venues, entertainment and recreation venues, and personal care establishments. Any vaccine mandate shall also be reasonably applied to indoor City facilities to the extent possible. For City facilities, unvaccinated individuals should be provided alternative arrangements for reasonable access to City services, as practicable and appropriate, such as online or remote services, outdoor service, or proof of a timely and appropriate negative COVID-19 test to access indoor services that cannot be provided in other ways, was presented. Questions asked and answered of staff included: what is the budget impact to Police and enforce this policy; how is this going to be enforced, and what is the cost; is this a violation of HIPPA to ask a person for proof of vaccination; after tonight, what are the next steps and how will this proceed procedurally; how many other ways have we departed from the County’s guidance to implement our own Santa Monica policies; as far as education, what are we educating them on, and what are we trying to accomplish here; where is the expiration on this, since this is becoming an epidemic and no longer a pandemic; how will this impact families with small children who are not required to receive the vaccination; if this is imposed, and businesses experience loss because of this, is there going to be any financial backing to support the businesses; and, how is our mask mandate enforcement going. DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147 17 January 11, 2022 Members of the public Dhun May, Denise Barton, Samantha Mota, Jill Hawkins, Pamela Abramson, Nicole Pearson, Donna Pearman, Miriam Fogler, Ben Telligent, Dee Park, Hamish Patterson, Ann Thanawalla, Jack Brand, Chevy Baruch, Rick Bobbins, Jennifer Clingingsmith, Robin Dunbar, Annie Beck spoke on the recommended action. Considerable discussion ensued on topics including, but not limited to: concern regarding citizen’s constitutional rights being violated; we should be working on uniting people instead of dividing; we should be offering education and mask to people, not mandating vaccination; would be more comfortable with this coming back as an emergency ordinance instead of having the City Manager use the Executive order option; small businesses will be heavily impacted by this policy, due to limited staffing; problematic with lags in the wait time for testing, unless you’re willing to pay; we should be focusing on price gouging for testing instead of focusing on whether or not you have a card; and, businesses are concerned because their staff is being infected and it’s impacting their business. Motion by Councilmember Brock, seconded by Mayor Himmelrich, to continue this item and bring it back as an emergency ordinance if the City Manager and the Emergency Operations staff, determine it’s necessary. 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 INPUT: Members of the public Michael Louis, John Alle, Nicole Pierson, Samantha Mato, Jonathan Foster and, Ben Telligent commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 3:15 a.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 1A891FD9-ED58-4D92-A826-AF5DF0111147