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m20220125 1 January 25, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 25, 2022 A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 4:30 p.m., on Tuesday, January 25, 2022, via teleconference pursuant to Assembly Bill No. 361signed by, Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/bwqzrzpa. 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 4:30 p.m., with all members present. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 4:33 p.m., to consider closed sessions and returned at 6:51 p.m., with all members present, to report the following: 1.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: Chief People Officer Lori Gentles and Adrianna Guzman, 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; 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. DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 2 January 25, 2022 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): Michael Angelos and Lamir McQueen v. City of Santa Monica, Los Angeles Superior Court Case No. BC627227. The Interim City Attorney advised this dispute involves the city lifeguards who claim that for a period in 2013 through roughly 2018, they were not credited with all of the time they worked, and that they were not paid for what they considered mandatory swim training. The parties have reached an agreement. The City Attorney’s Office recommended the Council approve a settlement of this class action suit, which involves almost 200 lifeguards in the amount of $350,000. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to approve Settlement Agreement No. 11236 (CCS), in the amount of $350,000. 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.C. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2): Oceana Hotel The Interim City Attorney advised this matter was heard with no reportable action taken. AGENDA MANAGEMENT The Mayor reported that Item 7.C. was pulled at the request of staff. SPECIAL AGENDA ITEMS: 2.A. Proclamation: Celebrating Black History Month, was presented. 2.B. City Manager Report: Status Update on Citywide Equity and Inclusion Work, was presented. Member of the public Ann Thanawalla spoke on this item. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 3 January 25, 2022 CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There was no public comment on various Consent Calendar items. At the request of Councilmember Brock, Item 3.E. was removed from the Consent Calendar. At the request of Councilmember de la Torre, Item 3.A. was removed from the Consent Calendar. Motion by Councilmember Brock, seconded by Councilmember Davis, to approve the Consent Calendar except for Items 3.A. and 3.E, 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 CUSTODIAL SERVICES 3.B. Award Bid and Enter into Agreement No. 11237 (CCS) with Coastal Building Services Inc. for Department of Transportation Custodial Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid # 4419 to Coastal Building Services, Inc. to provide custodial services for the Department of Transportation; 2. Authorize the City Manager to negotiate and execute an agreement with Coastal Building Services Inc., in an amount not to exceed $1,377,277, including a $125,207 contingency, over a five-year period, with future year funding contingent on Council budget approval. MUNICIPAL FACILITIES 3.C. Authorization to Reinstate Enabling Agreement No. 10157 (CCS) and Execute a Purchase Order with 3 Phases Renewables for Direct Access Electricity for Municipal Facilities, was approved. Recommended Action Staff recommends that the City Council Authorize the Procurement Manager to: 1. Amend the term of the enabling agreement with 3 Phases Renewables to procure electricity through Direct Access; and 2. Negotiate and execute a purchase agreement with 3 Phases Renewables to procure power for up to six months, in an amount DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 4 January 25, 2022 not to exceed $1.5 million. 918 5TH STREET 3.D. Adoption of Resolution No. 11397 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP FOR TRACT NO. 74677 TO SUBDIVIDE A PROPERTY AT 918 5TH STREET”, was approved. Recommended Action Staff recommends that the City Council adopt the attached resolution accepting and approving Final Parcel Map No. 74677 for a three-unit condominium project located at 918 5th Street. PERMIT/LAND MANAGEMENT 3.F. Approval of Third Modification to Software Maintenance and Support Agreement with Accela, Inc. for the City's Permit and Land Management System, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #9509 in the amount of $173,888 with Accela, Inc., a California-based company, to provide services for the City’s permit and land management software: Accela Automation, for the Community Development Department. This will result in a thirteen (13) year amended agreement with a new total amount not to exceed $972,029, with future year funding contingent on Council budget approval. 817 16TH STREET 3.G. Adoption of Resolution No. 11398 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP FOR PARCEL NO. 87201 TO SUBDIVIDE A PROPERTY AT 817 16TH STREET”, was approved. Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 82701 for a three-unit condominium project located at 817 16th Street. MINUTES 3.H. Minutes of City Council - Regular Meeting - September 28, 2021 5:30 PM, were approved. MINUTES 3.I. Minutes of City Council - Special Meeting - January 12, 2022 5:30 PM were approved. MINUTES 3.J. Minutes of City Council - Special Meeting - January 19, 2022 5:30 PM were approved. DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 5 January 25, 2022 ANNENBERG COMMUNITY BEACH HOUSE 3.A. Award Request for Proposal and enter into Agreement No. 11238 (CCS) with Back on the Beach Food Co., Inc. for Concessions at the Annenberg Community Beach House, was presented. Recommended Action Staff recommends that the City Council: 1. Award RFP# 291 to Back on the Beach Food Co., Inc., a California- based company, for food and beach equipment rental services at the Annenberg Community Beach House at Santa Monica State Beach; and 2. Authorize the City Manager to negotiate and execute an agreement with Back on the Beach Food Co., Inc. for an initial term of ten (10) years with one (1) option for renewal of five (5) years. The annual minimum rent is $200,000 or 8 percent of gross sales, whichever is higher. Councilmember de la Torre pulled this item to ask questions of staff. Questions asked and answered of staff included: how many years has this company had this contract; when did the last contract expire; is the option for a 10 year lease, plus a five-year extension have to come back to Council or does staff just extend it; do we collect information on how profitable this business is; why is the city reducing the profit from 10% down to 8% on this lease; in terms of bids, has staff looked into other options or vendors to provide these same services; are there any concerns with COVID having a 10 year agreement is the right approach at this point, what happens if the lessee is not able to fulfil their contractual obligations, would they be able to transfer or sell the lease to another vendor; do we require in our city leases any robust diversity or city first employment options; and, why isn’t there an increase in the lease for each year of this lease. 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 COVID TESTING 3.E. Authorization of Contract No. 11239 (CCS) with Mani Zadeh dba Los Angeles COVID Testing Corporation for COVID Testing and Associated Services for City Employees, was presented. Recommended Action DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 6 January 25, 2022 Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Mani Zadeh dba Los Angeles COVID Testing Corporation for city-wide, employee COVID testing. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC sections 2.24.250 (i) and 2.24.240, and is for a total amount not to exceed $1,000,000 with future year funding contingent on Council budget approval. This item was pulled by Councilmember Brock to ask questions of staff. Questions asked and answered of staff included: are we receiving reimbursement from FEMA for the cost; is there no other way for the employees to get tested and report their testing from somewhere else; and are staff being tested on city time. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommended action. 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: PERMITTING TIMELINES 7.A. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2688 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.37.070 TO EXTEND PERMIT TIMEFRAMES DUE TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC AND TO FURTHER ECONOMIC RECOVERY EFFORTS” and Emergency Ordinance No. 2689 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII AND CHAPTER 9.56 OF THE SANTA MONICA MUNICIPAL CODE TO EXTEND CERTAIN TIME FRAMES FOR BUILDING PERMITS, MANDATORY SEISMIC RETROFIT COMPLIANCE, AND CERTIFICATES OF APPROPRIATENESS, AND TO EXTEND PROCESSING TIME FRAMES FOR APPLICATIONS UNDER CHAPTER 9.56 DUE TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC AND TO FURTHER ECONOMIC RECOVERY EFFORTS”, was presented. Recommended Action Staff recommends that the City Council: 1. Introduce and adopt an emergency Interim Zoning Ordinance to DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 7 January 25, 2022 Councilmember de la Torre was excused at 8:55 p.m. extend deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 or for which applications were received between March 13, 2020 and December 21, 2022 under the Zoning Ordinance, Chapters 9.01 to 9.52 of the Santa Monica Municipal Code (“SMMC”), by two years; and allow planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 to request a First Time Extension or Other Extension pursuant to SMMC Section 9.37.090(C)(1) and 9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit under Article IX of the Santa Monica Municipal Code. 2. Introduce and adopt an emergency ordinance amending SMMC 8.08.070 to extend deadlines for expiration of building permits, plan reviews and related approvals issued and still active as of March 13, 2020, issued between March 13, 2020 and December 31, 2022, or for which complete applications have been received between March 13, 2020 and December 31, 2022 by two years; and amending SMMC Chapter 9.56, the Landmarks Ordinance, to extend certain public hearing deadlines for applications for Structure of Merit and Landmark designations and for Certificates of Appropriateness, and to extend deadlines for Certificates of Appropriateness that by two years. Member of the public Nina Fresco spoke to the recommended action. Councilmember de la Torre recused himself from this item to avoid a potential conflict of interest because his sister has a permit that he is named on. Questions asked and answered of staff included: because of the changes in the law, are most applications submitted by the conservancy; does this extension hurt those landmark applications processing time; if this extension is not approved, how does it hurt the process; what can be done to make sure there are not any undue burden on applicants in the process; and, does this apply to new applications. Motion by Councilmember Davis, seconded by Councilmember Negrete, to introduce and adopt on first reading an emergency Interim Zoning Ordinance to extend deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 or for which applications were received between March 13, 2020 and December 21, 2022 under the Zoning Ordinance, Chapters 9.01 to 9.52 of the Santa Monica Municipal Code (“SMMC”), by DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 8 January 25, 2022 Councilmember de la Torre returned at 8:56 p.m. Councilmember de la Torre left at 8:58 p.m. two years; and allow planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 to request a First Time Extension or Other Extension pursuant to SMMC Section 9.37.090(C)(1) and 9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit under Article IX of the Santa Monica Municipal Code. 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 Motion by Councilmember Negrete, seconded by Councilmember Davis, to introduce and adopt on first reading an emergency ordinance amending SMMC 8.08.070 to extend deadlines for expiration of building permits, plan reviews and related approvals issued and still active as of March 13, 2020, issued between March 13, 2020 and December 31, 2022, or for which complete applications have been received between March 13, 2020 and December 31, 2022 by two years; and amending SMMC Chapter 9.56, the Landmarks Ordinance, to extend certain public hearing deadlines for applications for Structure of Merit and Landmark designations and for Certificates of Appropriateness, and to extend deadlines for Certificates of Appropriateness that by two years. Councilmember Brock proposed a friendly amendment to remove amending SMMC Chapter 9.56, the Landmarks Ordinance, to extend certain public hearing deadlines for applications for Structure of Merit and Landmark designations. After asking questions of staff regarding if there has been a time when the deadline was not met, and deadline timelines, Councilmember Brock decided to withdraw his friendly amendment. The original 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 ZONING 7.B. Introduction and Adoption of Emergency Interim Ordinance No. 2690 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ORDINANCE 2636 DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 9 January 25, 2022 Councilmember de la Torre returned at 9:09 p.m. (CCS) AND EXTENDED AND AMENDED BY EMERGENCY INTERIM ZONING ORDINANCES 2658, 2667 AND 2682 (CCS) FOR ECONOMIC RECOVERY OF THE BC (PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC (2ND AND 4TH STREET) DISTRICT BOUNDED BY SECOND STREET TO THE WEST, BROADWAY TO THE SOUTH, 4TH STREET TO THE EAST, AND WILSHIRE BOULEVARD TO THE NORTH TO INCREASE FLEXIBILITY FOR AUTOMOBILE/VEHICLE SHOWROOMS”, was presented. Recommended Action Staff recommends that the City Council: Introduce and adopt an Emergency Interim Ordinance amending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and extended and amended by Emergency Interim Zoning Ordinance Numbers 2658, 2667 and 2682 (CCS) for economic recovery and increased occupancy in the City’s BC (Promenade) District and those portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North by allowing automobile/vehicle showrooms of all fuel types. Members of the public Denise Barton, Jonathan Foster, and Seth Waskcow spoke to the recommended action. Questions asked and answered of staff included: can we limit the amount of gasoline vehicles sold in the showroom; the word vehicle was inserted, is the point to avoid allowing other automobile dealers; is the reason for this recommendation because there is so much open space that used to be retail; how many of these businesses are expected to go in over the next 10 months; how long will it take to permit this use; has it been decided where the test driving will be; how many dealerships would accommodate having parking spaces available; and, would it be a separate request if a dealership wanted to use parking structures for parking and test driving. Considerable discussion ensued on topics including, but not limited to: limit the number of dealerships to one, no more than two per block; there needs to be a limit to the types of cars they have in the showrooms; and, the dealerships should not be able to use parking structures or the streets for test drive or parking. Motion by Councilmember Davis, seconded by Councilmember Negrete, to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof. DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 10 January 25, 2022 Councilmember Parra proposed a friendly amendment to limit the number of showrooms to no more than one or two per block, up to six total on the Promenade. Councilmember Davis as the maker of the motion accepts the friendly amendment of no more than two dealerships per block, with direction that if staff receives more than six, staff will come back to Council. The amendment with changes was considered friendly by the seconder. Councilmember Brock proposed a friendly amendment that at least some of the six dealerships be dedicated to a green vehicle. He changed his amendment to have alternative options in the automobile showroom. Councilmember Davis proposed an alternative if the applicant has an alternative vehicle or environmentally friendly vehicle that they should show that in their showroom. The amendment was considered friendly by the seconder. Deputy City Attorney Heidi von Tongeln read into the record where the proposed amendment would go into Section 2, of the interim ordinance 9.10.004, Specific limitation No. 8, which would read: Limited to six automobile/vehicle dealer showrooms only, which must display one alternative fuel automobile/vehicle, if such a vehicle is available in the dealer’s fleet and limited to no more than six showrooms in the Third Street Promenade area. The motion, with the amendments were considered friendly by the maker and seconder. 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 LOBBYING 7.C. Introduction for First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 4.85.010 to define ‘lobbying activity’ and add Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment, was pulled at request of staff. Recommended Action Staff recommends that Council introduce for first reading the attached ordinance, which does the following: 1. Amends Santa Monica Municipal Code Section 4.85.010 to define DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 11 January 25, 2022 ‘lobbying activity’ and 2. Creates Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment. ARTS COMMISSION 7.D. Introduction and First Reading of an Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC reducing the membership of the Arts Commission from 11 Commissioners to 9 Commissioners, was presented. Recommended Action Staff recommends that the City Council introduce for first reading an Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC reducing the membership of the Arts Commission from 11 Commissioners to 9 Commissioners. There was no public comment on this item. Motion by Councilmember de la Torre, seconded by Councilmember Brock, 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, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None HISTORIC RESOURCES 7.E. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2691 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING EMERGENCY INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2592 (CCS), EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBERS 2599 AND 2626 (CCS), AND AMENDED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2643 (CCS) REVISING THE DEMOLITION PERMIT REVIEW PROCESS RELATING TO THE PRESERVATION OF HISTORIC RESOURCES”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim zoning regulations for the DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 12 January 25, 2022 demolition permit review process relating to the preservation of historic resources. There was no public comment on this item. Questions asked and answered of staff included: when the landmarks commission was established, were they created to look at buildings over 40 years old; after the pandemic, does staff want to make this ordinance permanent; in 2018/2020, did the Landmarks ordinance get changed to be in sync with this interim ordinance; if someone buys a house and they want to nominate the house next door to be landmarked, what do they do, and what is the process; what are the other specific changes in the designation process; if somebody else decides to designate a property a landmark, the property owner is responsible for paying the fee; does staff believe there is any decrease in the amount of historic preservation as a result of this emergency ordinance being extended; why then is the conservancy and landmarks opposed to this interim ordinance; and, assume the extension is approved, is there a hope that the landmarks ordinance will be completed before it expires. Motion by Councilmember Brock, seconded by Councilmember Negrete, to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof, with the amendment to change the expiration date to December 31, 2022. 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 AFFORDABLE HOUSING 7.F. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2692 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO EXTEND INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE 2633 AND AMENDED AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCE 2645 AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.39 AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR REVIEW OF ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND HOUSING PROJECTS SUBJECT TO THE HOUSING ACCOUNTABILITY ACT BY ADMINISTRATIVE APPROVAL”, was presented. Recommended Action DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 13 January 25, 2022 Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim regulations authorizing 100% affordable housing projects and Tier 2 housing projects subject to the Housing Accountability Act to be reviewed through an Administrative Approval process. Members of the public Denise Baron, Graham Rigby, Jonathan Foster, Maryanne O’Donnell, Kathy Knight, Zina Josephs and Andrea Steele spoke to the recommended action. Questions asked and answered of staff included: is there a requirement for percentages for the different tiers; what are the state and local requirements for Tier 1; can the amounts in Tier one be changed to mixed-use, and can it be inserted in tonight’s vote, or does it have to be done separately; what is a good threshold that’s not onerous to the Planning staff that would be reasonable for the residents; what if a project doesn’t align with the LUCE, would that be a good enough argument to not be approved; how does the community input by those effected get recorded when projects are being approved administratively; did we promise a date in our draft housing element 1.A. a right to approve 100% affordable housing, and what would happen if we go back on that now; if we delay this process, doesn’t it end up costing more money on the back end for the developer and the future tenants; is this about adding Tier 1 back into this ordinance; what risk if any, if we were to make a decision that goes against what we agreed upon with the state; what has changed since the Council approved the housing element back in October 2021; what is the percentage required in Tier 2 for affordable housing; has anyone done any traffic studies to see how it would impact this proposal; are there no traffic studies required when the city performs Administrative review; would we be out of line to use the adverse impact argument to change our findings submitted to the housing element; is it accurate that there were not be specific ranges in all of the Tiers; in Housing Community Development (HCD) compliance Tier 2 is 15% affordable, and then could you lay a density bonus on top of that; if council approves this, then everything Tier 2 automatically gets Administrative approval; and, can we say that this only applies to projects where the land is not less than 30,000 square feet. Considerable discussion ensued on topics including, but not limited to: support Administrative approval for 100% affordable housing; would like to separate Tier 2; problem with Tier 1 and Tier 2 projects going through when there is minimal community meetings or community input from those affected by the project; under the housing accountability act, as long as a project met the standards, the city could not disapprove the project, regardless of how much public input was received; would like to see more 100% affordable housing; having Tier 2 mixed use is not going to get the city the 100% affordable housing that is required or desired; and, DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0 14 January 25, 2022 community benefits should go to the community most effected. Motion by Councilmember Brock, seconded by Councilmember Parra, to Introduce and Adopt Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2633 and Extended by 2645 Amending Santa Monica Municipal Code Chapter 9.39 and Section 9.40.20 to Increase Thresholds for Review of One Hundred Percent Affordable Housing Projects and Housing Projects Subject is located on a parcel that does not exceed 43,460 square feet to the Housing Accountability Act by Administrative Approval. The motion was approved, with the amendment by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember Davis ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION 13.A. Confirmation and appointment of Paul Winnemore as the joint selection of the Santa Monica Police Chief and the Santa Monica Police Officers Association as the ex officio and non-voting member to the Public Safety Reform and Oversight Commission, was presented. There was no public comment on this item. Motion by Councilmember de la Torre, seconded by Councilmember Brock, 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 PUBLIC INPUT: Members of the public Denise Barton, Jonathan Foster and John Katz commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:13 a.m. in memory of Donna Alvarez, Doris Sosin and Jerry Rosenblum. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: E8F5BB97-6358-4D31-B68B-C104863CE8E0