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m20220426 1 April 26, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 26, 2022 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:43 p.m., on Tuesday, April 26, 2022, City Council Chambers, 1685 Main Street, Room 250, Santa Monica, CA. 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 (arrived at 5:47 p.m.) Also Present: City Manager David White Interim City Attorney Susan Y. Cola City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:43 p.m., with all member present except Councilmember Parra. Councilmember de la Torre led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember Parra arrived at 5:47 p.m. There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:45 p.m., to consider closed sessions and returned at 7:11 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): Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1495-M. The Interim City Attorney advised this matter was heard with Item 1.B. 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, Administrative Team Associates v. City of Santa Monica, Public Employment Relations DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 2 April 26, 2022 Board, Case No. LA-CE-1507-M. The Interim City Attorney advised the parties have agreed to settlement of both ATA cases for items 1.A. and 1.B. with the following terms: • Add four new job classifications to the ATA bargaining unit, to be included in the exception-based budget for Fiscal Year 2022-2023 • $50,000 lump sum payment • Apply salary Y-rating to demotions in lieu of layoff, effective from the date of execution of the settlement agreement through the duration of the successor MOU with ATA Motion by Councilmember Davis, seconded by Councilmember Brock, to approve Settlement agreement No. 11261 (CCS), in the amount of $50,000, with terms. 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. Commendations: AYSO Western States Champions: Santa Monica “Storm”, was presented. 2.B. Proclamation: City Clerks Week, May 1 - 7, 2022, was presented. 2.C. Proclamation: Building Safety Month, was presented. 2.D. Mental Health Month Proclamation, was presented. 2.E. City Manager Report, was presented. REPORT ON COUNCIL TRAVEL Councilmember de la Torre reported that he did not use city funds, but he did travel to Chicago for a conference where he received a scholarship from the National Association of Latino Elected Officials. The conference was about Emergency Preparedness, including discussions about COVID, Climate Change, what cities need to do to be prepared. He met with a lot of elected officials to discuss the challenges other cities are going through and was pleased that Santa Monica was already prepared in a lot of the areas discussed. CHARTER SECTION 615 City Clerk Denise Anderson-Warren announced in accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 3 April 26, 2022 CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Davon Ray Harris and John Alle commented on various Consent Calendar items. At the request of Councilmember Brock, Item 3.D. 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 Negrete, to approve the Consent Calendar except for Items 3.A. and 3.D, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ANNUAL COMPREHENSIVE FINANCIAL REPORT 3.B. Present Annual Comprehensive Financial Report for Year Ended June 30, 2021, was approved. Recommended Action Staff recommends that the City Council receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance with Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2021. HOMELAND SECURITY GRANT 3.C. Authorization to Accept 2020 State Homeland Security Grant, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $205,000 from the 2020 State Homeland Security Grant Program; 2. Authorize the City Manager to execute all necessary documents to accept the grant and all associated grant renewals and modifications; 3. Authorize budget changes as outlined in the Financial Impacts & DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 4 April 26, 2022 Budget Actions section of this report. CITY VEHICLES 3.E. Authorization to Approve a Purchase Order with Beam Global to Procure Three EV Arcs, Funded by a CalOES Grant, was approved. Recommended Action Staff recommends that the City Council: Authorize the City to issue a purchase order with Beam Global for three EV Arc solar and battery powered electric vehicle chargers for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $278,961 with future year funding contingent on Council budget approval. TRANSIT SERVICES 3.F. Award Bid and Enter into Agreement No. 11258 (CCS) with 3L Executive Services to provide bus fuel system repairs for Department of Transportation, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid # 4420 to 3L Executive Services for inspection and repairs of transit bus compressed natural gas fuel systems and tanks for the Department of Transportation and Fleet Management. 2. Authorize the City Manager to negotiate and execute an agreement with 3L Executive Services, in an amount not to exceed $856,568 which includes a $77,870 contingency over a five-year period with future year funding contingent on Council budget approval. MINUTES 3.G. Minutes of City Council - Special Meeting - March 15, 2022 5:30 PM, were approved. MINUTES 3.H. Minutes of City Council - Regular Meeting - March 22, 2022 5:30 PM, were approved. MINUTES 3.I. Minutes of City Council - Regular and Special Joint Meeting - April 12, 2022 5:30 PM, were approved. GRANT FUNDS 3.A. Approval of the Proposed FY 2022-23 One-Year Action Plan Allocating Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Fund, was presented. Recommended Action Staff recommends that the City Council: 1.       Approve the Proposed 2022-23 Annual CDBG and HOME Action Plan (Attachment A). DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 5 April 26, 2022 2.   Authorize the City Manager to submit all documents required to receive the City’s annual Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) entitlement grant funds to the U.S. Department of Housing and Urban Development (HUD). This item was pulled by Councilmember de la Torre to ask staff why the Pico Neighborhood Association was not reached out to provide input to the plan. Motion by Councilmember de la Torre, seconded by Councilmember Brock, 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 PIER SECURITY 3.D. Approval of Contract Modification with California Panther Security to Provide Security Services Related to Pier Vending, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement No. 11259 (CCS) with A.G. Coast, Inc, d/b/a CA Panther, for security services on and around the Santa Monica. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC 2.24.250(g), is for a total amount not to exceed $732,000 ($482,000 over the initial agreement amount of $250,000 under the City Manager’s authority) and will extend the term of the agreement through June 30, 2023. This item was pulled by Councilmember Brock to ask questions. Questions asked and answered of staff included: why hasn’t this contract gone through a competitive bid process; if this went out to bid, could we have gotten a better deal; in the six months since the extension began, could a Request for Proposals have been done, and did we get the best deal we could from this vendor; and, are there any exceptions to the vendor rules for this contract. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote: DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 6 April 26, 2022 AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None CONTINUED ITEMS: DISABILITY COMMISSION 5.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022, was presented. On order of the Mayor, the floor was opened for nominations. Councilmember Davis nominated Cara Hendler. There being no other nominations, Cara Hendler was appointed to the Disabilities Commission for a term ending June 30, 2022, by a unanimous voice vote, with all members present. PLANNING COMMISSION 5.B. Appointment to one unscheduled vacancy on the Planning Commission for a term ending on 6/30/2025, was presented. On order of the Mayor, the floor was opened for nominations. Councilmember Davis nominated Josh Hamilton. Councilmember Brock nominated Samuel Tolkin. Samuel Tolkin was appointed by the following vote: Hamilton: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich Tolkin: Councilmembers de la Torre, Brock, Negrete, Parra Mayor Pro Tem McCowan and Mayor Himmelrich changed their votes to Tolkin, thereby appointing Samuel Tolkin to the Planning Commission for a term ending June 30, 2025. PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION 5.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2025, was presented. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tem McCowan nominated Dante Harrington. Councilmember Brock nominated Benjamin Winnemore. Dante Harrington was appointed by the following vote: DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 7 April 26, 2022 Harrington: Councilmember Davis, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich Winnemore: Councilmember Parra, Negrete, Brock Councilmembers Parra, Negrete, and Brock changed their votes to Harrington, thereby appointing Dante Harrington by acclamation to the Public Safety Reform and Oversight Commission for a term ending June 30, 2025, with all members present. 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. Recommended Action Staff recommends Council take the following actions: 1. Adopt the determination that the proposal to open the Oceana Hotel’s existing restaurant to the public is exempt under CEQA Guideline Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance, permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant; 2. 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; 3. 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; 4. Approve Conditional Use Permits 20ENT-0237 and 21ENT-0090; and 5. Approve the Statement of Official Action. Ex-parti Communication Mayor Himmelrich stayed at the property about 15 years ago, walking by the property, and reading correspondence submitted into the record, she has no ex-parti communications. Councilmember Davis has nothing to report. Other than reading DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 8 April 26, 2022 correspondence submitted into the record, she hasn’t spoken to anyone about it. Councilmember Negrete had a meeting to meet with Mr. Litman, had brief discussion about the Oceana. Mayor Pro Tem McCowan met with Mr. Litman and General Manager, then had a phone call with Mr. Litman between now and the previous hearing. Councilmember Brock reported on Nov 12 he had phone call with them, Nov. 11 he met with Oceana neighborhood, on January 7, 2022, he talked briefly on the phone, and sometime back in September, he had a breakfast that was previously disclosed, but nothing since January 7, 2022. Councilmember de la Torre met with Mr. Litman and his General Manager to discuss the plan. On March 31st met with Mr. Litman to discuss residence concerns and mitigations. Councilmember Parra met with Mr. Litman on Sept. 1, 2021, and she had one phone call before the last appeal, one call after the appeal, and a phone call last night. Members of the public Grant Shaffer, Stephanie Leimbach, Emily McCarron, Laura Wilson (time donated by Elizabeth Lerer), Jacob Goren, Peter Rogers, Jerry Rubin, and Elizabeth Van Denburgh spoke to the recommended action. Questions asked and answered included: would the applicant agree to not advertise the restaurant as a separate restaurant; would there be separate signage for the restaurant; would they be opposed to include that language in the Conditional Use Permit (CUP); will there be a number made available for neighbors to call if they have concerns; has the gate changed over the past 62 years, or has it been updated; is the gate equivalent to apartment gates; is there no plan to hold large events in this restaurant, if approved; is the plan not to turn it into a nightclub or bar; is it possible to reduce deliveries and still provide the restaurant with fresh, quality food; when reports are filed annually, if there are non-compliance issues, can staff change the CUP; can reports be requested more regularly than once a year; what is the expectation of what should go into the annual report; how would the hotel be branded differently from the downtown hotels; is it safe to say that the hotel is being promoted as more of a quiet, peaceful hotel; what is the plan to deal with large numbers of patrons waiting in the lobby, and how are they planning to deal with lines forming on the street; what is the relationship with the Elixir hotels; since the CUP runs with the land, does that mean there can’t be a change in the language of the CUP; how DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 9 April 26, 2022 much is parking per day; when guest come to the restaurant, would they have to pay the daily parking rate; are there any discounts for locals or seniors; are all employees provided parking; and, if someone wanted to rent out the entire hotel, could they. Considerable discussion ensued on topics including, but not limited to: not advertising the restaurant separately; provide a 24 hour number for residents to call with complaints, and keep track of those complaints; reports go to biannual after the first year; consider thinking about how to deal with long lines and large numbers of patrons waiting in the lobby; and, consider reducing the amount for valet parking. Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the determination that the proposal to open the Oceana Hotel’s existing restaurant to the public is exempt under CEQA Guideline Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance, permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan NOES: Councilmember Parra, Mayor Himmelrich ABSENT: None Motion by Councilmember Negrete, seconded by Councilmember Davis, to 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. The motion was approved by the following vote: AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan NOES: Councilmember Parra, Mayor Himmelrich ABSENT: None Motion by Councilmember Negrete, seconded by Mayor Pro Tem McCowan, to 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. DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 10 April 26, 2022 The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan, NOES: Mayor Himmelrich, Councilmember Parra ABSENT: None Motion by Councilmember Davis, seconded by Councilmember Negrete, to approve Conditional Use Permits 20ENT-0237 and 21ENT-0090, with the following amendments: NEW An on-site contact person shall be designated to serve as a neighborhood liaison to address any neighborhood concerns related to the hotel operations. Notification of the staff liaison and applicable contact information, including telephone and email address, shall be provided to all residents within a 300-foot radius of the subject site and local neighborhood organizations prior to the commencement of the use on the site, and at least once per year thereafter. The applicant shall track complaints and how complaints are resolved and submit with the report required in Condition #13. Add to Condition #5: The applicant shall not separately advertise the restaurant from the hotel. No separate signage for the restaurant shall be permitted. Add to Condition #13: Consistent with the purpose of SMMC Section 9.41.080(B), the applicant shall file a compliance report for three consecutive years, with the first report filed within one (1) year after the effective date of this Conditional Use Permit 21ENT-0900 to review the effective of and level of compliance with the terms and conditions of this Conditional Use Permit. After three consecutive years, the applicant shall file a compliance report on a bi- annual basis thereafter. The motion, with amendments was approved by the following vote: AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan NOES: Councilmember Parra, Mayor Himmelrich ABSENT: None Motion by Councilmember Negrete, seconded by Councilmember Brock, to approve the Statement of Official Action. The motion was approved by the following vote: DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 11 April 26, 2022 AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan NOES: Councilmember Parra, Mayor Himmelrich ABSENT: None ORDINANCES: BOARDS AND COMMISSIONS 7.A. Second Reading and Adoption of Ordinance No. 2700 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO CREATE THE HUMAN SERVICES COMMISSION; REPEAL SANTA MONICA MUNICIPAL CODE CHAPTERS 2.48, 2.56 AND 2.60, AND SUNSETTING THE COMMISSION FOR THE SENIOR COMMUNITY, THE SOCIAL SERVICES COMMISSION, AND THE COMMISSION ON THE STATUS OF WOMEN UPON EFFECTIVENESS OF THIS ORDINANCE”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None CAMPAIGN CONTRIBUTION LIMITS 7.B. Second Reading and Adoption of Ordinance No. 2701 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 11.04.050 OF THE CITY ELECTIONS CODE TO ADJUST LIMITS ON CAMPAIGN CONTRIBUTIONS TO CITY CANDIDATES”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Negrete, seconded by Councilmember Parra, 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 ST. JOHN’S 7.C. Second Reading and Adoption of Ordinance No. 2702 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 12 April 26, 2022 Councilmember Negrete was excused at 9:54 p.m. SANTA MONICA APPROVING DEVELOPMENT AGREEMENT NO. 11260 (CCS) BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA, A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION, AS SOLE MEMBER OF PROVIDENCE SAINT JOHN’S HEALTH CENTER, A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Councilmember Negrete recused herself to avoid a potential conflict of interest. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, 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, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete MILITARY EQUIPMENT USE POLICY Councilmember Negrete returned at 9:55 p.m. 7.D. Introduction and First Reading of an Ordinance Approving the Military Equipment Use Policy, was presented. Recommended Action Staff recommends that the City Council 1. Introduce for first reading the attached ordinance to approve the military equipment use policy in compliance with Assembly Bill 481. 2. Direct staff to bring the military equipment use policy to the Public Safety Reform and Oversight Commission so that the Commission has an opportunity to provide input before the ordinance approving the military equipment use policy returns to Council. Member of the public Jonathan Foster spoke to the recommended action. Questions asked and answered of staff included: after this first adoption, is there any issue with adding the Public Safety Reform Oversight Commission to be included when making this decision; does the city still have the BearCat, and is it considered military equipment; do we have inventory that we have, but is rarely used; are there other tools not listed that are considered military, and, if there are changes, does the 180 days deadline affect this. DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 13 April 26, 2022 Councilmember de la Torre out at 10:14 p.m. Motion by Councilmember Davis, seconded by Councilmember Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with the amendment to the Section 4 (B), add, available to the Public Safety Reform Oversight Committee to be specifically notified, and publicly available on its internet website for as long as the military equipment for use. The motion was approved, as amended by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember Parra, seconded by Councilmember Brock, to direct staff to bring the military equipment use policy to the Public Safety Reform and Oversight Commission so that the Commission has an opportunity to provide input before the ordinance approving the military equipment use policy returns to Council. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Negrete, Brock, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre STAFF ADMINISTRATIVE ITEMS: HOUSING ELEMENT Councilmember de la Torre returned at 10:19 p.m. 8.A. Progress Update and Discussion on Revisions to 6th Cycle Housing Element Update and Modification of Professional Services Agreement with Wood LLC to Provide Additional Scope of Work for the Housing Element EIR, was presented. Recommended Action Staff recommends that City Council: 1. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11112 in the amount of $213,041 and extend the term by one additional year with Wood LLC, a professional environmental consulting company based in Washington D.C., to provide additional environmental consulting services for the Housing Element Environmental Impact Report (EIR). This will result in a three-year amended agreement with a new total amount not to exceed $580,427; 2. Receive an update on the status of responses to comments on the adopted 6th Cycle Housing Element Update; and 3. Direct the City Manager to submit a letter advocating for legislative changes to provide for additional time beyond October 15, 2022 to complete rezoning. DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 14 April 26, 2022 Member of the public Keith D. Robinson commented on the recommended action. Questions asked and answered of staff included: what is the real impact of SB35, especially since we already meet most of their criteria; do they want an affordable housing overlay all over the city; how are we protecting the more diverse and affordable parts of the city from being densified even further or for taking the brunt of the affordable Regional Housing Needs Allocation (RHNA) requirement; who is looking at the impacts on city services with the increase of building all of this additional housing, and who is going to pay for this; and, is there any hope on the distant horizon once all of this is done. Considerable discussion ensued on topics including, but not limited to, the city is not willing to rezone right now, given these circumstances that nothing is acceptable. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to authorize the City Manager to negotiate and execute a second modification to Agreement No. 11112 in the amount of $213,041 and extend the term by one additional year with Wood LLC, a professional environmental consulting company based in Washington D.C., to provide additional environmental consulting services for the Housing Element Environmental Impact Report (EIR). This will result in a three-year amended agreement with a new total amount not to exceed $580,427. 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 Motion by Councilmember Brock, seconded by Councilmember Negrete, to receive an update on the status of responses to comments on the adopted 6th Cycle Housing Element Update; and, direct the City Manager to submit a letter advocating for legislative changes to provide for additional time beyond October 15, 2022 to complete rezoning. 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 AGENDA MANAGEMENT On the order of the Mayor, in accordance with the Council Rules to not hear any new items after 11:00 p.m. DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 15 April 26, 2022 Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to continue with hearing the remainder of the agenda. The motion was unanimously approved by voice vote, with all members present. PUBLIC HEARINGS: 21ST STREET Councilmember Negrete excused at 11:02 p.m. 9.A. Public Hearing and Adoption of Resolution No. 11414 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA VACATING A PORTION OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY, IN THE CITY OF SANTA MONICA, CALIFORNIA”, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department; 2. Confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022; and 3. Adopt the attached resolution ordering the vacation with conditions. Councilmember Negrete recused herself on this item in order to avoid a potential conflict of interest. There was no public comment on this item. Questions asked and answered of staff included, who decides the naming of the streets. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete Motion by Councilmember Parra, seconded by Mayor Pro Tem McCowan, to confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 16 April 26, 2022 analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt the attached resolution ordering the vacationing of a portion of 21st Street between Santa Monica Boulevard and Broadway, with conditions. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete WATER REPORT Councilmember Negrete returned at 11:11 p.m. 9.B. Public Hearing and Adoption of Resolution No. 11415 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 2022 ANNUAL WATER SHORTAGE ASSESSMENT REPORT”, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing and receive public comment for the proposed 2022 Annual Water Shortage Assessment Report; and 2. Approve the attached resolution adopting the 2022 Annual Water Shortage Assessment Report. Member of the public Denise Barton, spoke to the recommended action. Questions asked and answered of staff included, how deep and or large is a water cubic acre foot, and how many acre feet do we use in Santa Monica during an average year. Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the attached resolution adopting the 2022 Annual Water Shortage Assessment Report. 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 DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 17 April 26, 2022 ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: LATION/HISPANIC HERITAGE MONTH Councilmember de la Torre excused at 11:20 p.m. 13.A. Request of Councilmembers Negrete, and Parra that, to enhance Latino/Hispanic heritage month and resident/family-focused programming on the Santa Monica Pier, Council direct staff to: (1) waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the annual Santa Monica Classic Car Show on the Santa Monica Pier tentatively scheduled for September 10, 2022 from 9-5 pm presented by the Pico Youth and Family Center; and (2) allocate up to $5,000 of Council discretionary funds to reimburse the Pico Youth and Family Center for documented expenditures to support sound, entertainment, and promotional materials for this event that will be free and open to the public, was presented. Councilmember de la Torre recused himself because of his relationship with the Pico Youth and Family Center. There was no public comment on this item. Motion by Councilmember Parra, seconded by Councilmember Negrete, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre COUNCIL TRAVEL Councilmember de la Torre returned at 11:24 p.m. 13.B. Request of Councilmember Brock that the City Council authorize use of his travel funds to attend the 2022 California Contract Cities Association Annual Municipal Seminar taking place May 12-15, 2022 in Indian Wells, California. The California Contract Cities Association will be providing a 50 percent discount on registration, was presented. There was no public comment on this item. Motion by Councilmember de la Torre, seconded by Councilmember Parra, 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 HYBRID MEETINGS 13.C. Request of Councilmembers Brock and Parra that the City DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 18 April 26, 2022 Manager, as part of the budget study session that is scheduled for May 24, 2022, provide information on what is (i.e., staffing, technology, and any other resources) to support hybrid City Council and Board and Commission meetings that would allow the public to provide public comment both in person and remotely. The City Manager is also being asked to provide information on the timeline to transition to hybrid meetings, was presented. Members of the public Denise Barton and Jonathan Foster, spoke on the recommended action. Motion by Councilmember Brock, seconded by Councilmember Brock, 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 COUNCIL DISCRETIONARY FUNDS 13.D. Request of Mayor Pro Tem McCowan and Councilmember Davis that the City Council allocate $25,000 of discretionary funds to Community Corporation of Santa Monica to support the upcoming marketplace at Brunson Terrace, located at 1819 Pico Blvd., an affordable housing property that will include commercial space for local Pico-based businesses, pop ups, workshops, and more. The marketplace was created in response to Pico community stakeholders expressing the need for an affordable, small business space, was presented. There was no public comment on this item. Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmember Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None 5K WALK RUN CHALLENGE 13.E. Request of Mayor Pro Tem McCowan and Councilmember Negrete that the City Council approve the (1) waiving of fees associated with the partial use of the Pier deck parking lot on Thursday, May 26, 2022 from 5 – 8 pm for the Rick Crocker 5K Walk Run Challenge sponsored by the Police Activities League (PAL) and DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB 19 April 26, 2022 (2) allocate up to $5,000 of discretionary funds to reimburse PAL for documented expenditures to support sound, entertainment and seating for this event which will be free and open to the public, was presented. There was no public comment on this item. Motion by Councilmember de la Torre, seconded by Councilmember Negrete, 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 PUBLIC INPUT: Members of the public Laura Wilson, Denise Barton, Jonathan Foster, and Elizabeth Lerer commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:48 p.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 8769F5D0-AB23-4F02-A291-D7E715D68CEB