Agenda packet, second session — Santa Monica City Council, April 26, 2022 (part 14 of 14)

City Council Meeting: April 26, 2022 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADOPTING THE 2022

ANNUAL WATER SHORTAGE ASSESSMENT REPORT
WHEREAS, the California Legislature enacted Assembly Bill 1414 amending Sections 10608.34, 10609.20, 10609.22, 10609.24, 10609.26, 10621, 10631, and 10632.1 of, and to add Section 10609.25 to, the California Water Code; and WHEREAS, Section 10632.1 of the California Water Code requires an urban water supplier to conduct an annual water supply and demand assessment and submit an annual water shortage assessment report to the California Department of Water Resources consistent with the supplier’s water shortage contingency plan by July 1 of each year; and
WHEREAS, the City of Santa Monica is an urban supplier of water; and WHEREAS, the City of Santa Monica water shortage contingency plan requires annual water shortage assessment reports to be adopted by City Council after public review and a public hearing, and filed with the California Department of Water Resources by July 1, 2022; and
WHEREAS, the City of Santa Monica has prepared and circulated for public review a draft 2022 annual water shortage assessment report, and a noticed public hearing regarding the report was held by City Council on April 26, 2022.

9.B.c
Packet Pg. 2728 Attachment: Draft Resolution [Revision 1] (4966 : Annual Water Supply and Demand Assessment (20 mins))

Page 2 of 2 ends

WHEREAS, the City Council has reviewed and considered the contents of the draft 2022 annual water shortage assessment report and determined that it complies with Section 10632 of the California Water Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Recitals above are incorporated herein by this reference.

SECTION 2. The City Council finds that the City is in conformance with all applicable requirements of Section 10632 of the California Water Code.

SECTION 3. The City Council hereby adopts the City's 2022 annual water shortage assessment report.

SECTION 4. The Water Resources Manager is hereby authorized and directed to file the 2022 annual water shortage assessment report with the California Department of Water Resources by July 1, 2022.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the City Council, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

SUSAN Y. COLA
Interim City Attorney

9.B.c
Packet Pg. 2729 Attachment: Draft Resolution [Revision 1] (4966 : Annual Water Supply and Demand Assessment (20 mins)) 2022
Water Shortage
Assessment Report
4/26/2022

9.B.d
Packet Pg. 2730 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand • New requirement under the California Water Code
• Procedures outlined in the Water Shortage Contingency Plan • Presentation to Commission on Sustainability, Environmental Justice, and the Environment (2/28/2022)
• Hold Public Hearing for Annual Assessment
• Annual Water Shortage Assessment Report
• Due each year by July 1 to the California Department of Water Resources
• Formal adoption by City Council
Annual Water Supply and Demand Assessment
2 9.B.d
Packet Pg. 2731 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand • 2015-2019 Average Annual Demand: ~11,400 AF
• 2020-2021 Average Annual Demand: ~10,500 AF
• Projected Annual Demand: 11,779 AF
• Projected Unconstrained Demand: 14,707 AF
• Unconstrained Demand is without water conservation efforts • Estimated Water Savings w/Stage 2 Water Shortage Tragets for Water Conservation: 2,928 AF (20%)
• City has been in Stage 2 Water Shortage since 2014
Water Demand Assessment
3 9.B.d
Packet Pg. 2732 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand Imported Water MWD Tier 1 Allocation: 7,406 AF
Local Supplies (2020 UWMP Drought Risk Assessment): 6,755 AF Arcadia shutdowns due to plant expansion project: (-1,454 AF) ____________________________________________________
Imported + Local Supplies – Arcadia Shutdowns = 12,707 AF Available Supply Assessment
4 9.B.d
Packet Pg. 2733 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand Summary of Annual Assessment
5 • Projected Annual Water Demand: 11,779 AF
• Projected Available Water Supply: 12,707 AF
• Projected Unconstrained Demand: 14,707 AF
• Unconstrained Demand is without water conservation efforts • To remain in Stage 2 Water Shortage to maintain water conservation of 2,928 AF (20%)

9.B.d
Packet Pg. 2734 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand Recommendations
6 • Remain in a Stage 2 Water Shortage
(20% water conservation)
• Continue implementation of Stage 2 Water
Shortage Response Actions also align with latest
Executive Order from the Governor
• Adopt 2022 Annual Water Shortage Assessment
Report

9.B.d
Packet Pg. 2735 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand

THANK YOU

9.B.d
Packet Pg. 2736 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand Assessment Results
8 9.B.d
Packet Pg. 2737 Attachment: PowerPoint Presentation (4966 : Annual Water Supply and Demand

13.A
April 26, 2022
Council Meeting: April 26, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records & Elections Services Department
Date: April 26, 2022

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.

13.A
Packet Pg. 2738
April 26, 2022
Item 13A - Council Discretionary Funds
Sources (All Available Funds are start of FY 2021-22):

Amount
Unspent funds from prior year $ 189,952.00
FY 2021-22 - New Appropriation 119,820.00
Total unspent funds and new appropriation $ 309,772.00
Uses (Programmed Discretionary Funds):

Description Amount Programmed Date
Business Improvement District (BID) Annual Support $ (21,000.00) Rollover programmed from prior year Soulstice Festival (17,000.74) Rollover programmed from prior year Reed Park Ambassador Pilot Program (2,032.00) Rollover programmed from prior year Pier Palisades Signage (9,780.05) Rollover programmed from prior year Business Improvement District (BID) Annual Support (29,000.00) Budget Adoption FY 2021-23, 6/22/21 Church in Ocean Park for Trans Equity Scholarships (9,000.00) Budget Adoption FY 2021-23, 6/22/21 West Coast Care (20,000.00) Budget Adoption FY 2021-23, 6/22/21 Westside Coalition for Martin Luther King, Jr. Celebration (9,000.00) Budget Adoption FY 2021-23, 6/22/21 Latino Cultural Events (10,000.00) Budget Adoption FY 2021-23, 6/22/21 Neighborhood Organizations (20,000.00) Budget Adoption FY 2021-23, 6/22/21 Tenant Assistance Mailings (25,000.00) Council meeting, 7/27/21 Pico Youth and Family Center (PYFC) Car Show (5,000.00) Council meeting, 8/24/21 BID Support - Shopping Cart Tree at Edgemar Center (5,000.00) Council meeting, 11/23/21 Scholarships for low-income students to attend Samohi Grad Nite (10,000.00) Council meeting, 3/15/22 Total Programmed $ (191,812.79)
Unprogrammed Balance Available $ 117,959.21
Additional Information
- The City Council allocated $5,000 in Council discretionary funds to the Pico Youth and Family Center (PYFC) Car Show at the August 24, 2021 Council meeting.

April 26, 2022

13.A.a
Packet Pg. 2739 Attachment: 4-26-22 Discret Funds Backup (5069 : Waive fees for Santa Monica Classic Car show on the Pier)

13.B
April 26, 2022
Council Meeting: April 26, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records & Elections Services Department
Date: April 26, 2022

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.

13.B
Packet Pg. 2740

13.C
April 26, 2022
Council Meeting: April 26, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records & Elections Services Department
Date: April 26, 2022

13.C Request of Councilmembers Brock and Parra that the City Manager, as part of the budget study session that is scheduled for May 24, 2022, provide information on what is needed (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.

13.C
Packet Pg. 2741

13.D
April 26, 2022
Council Meeting: April 26, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records & Elections Services Department
Date: April 26, 2022

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.

13.D
Packet Pg. 2742
April 26, 2022
Item 13A, 13D 13E - Council Discretionary Funds
Sources (All Available Funds are start of FY 2021-22):

Amount
Unspent funds from prior year $ 189,952.00
FY 2021-22 - New Appropriation 119,820.00
Total unspent funds and new appropriation $ 309,772.00
Uses (Programmed Discretionary Funds):

April 26, 2022

13.D.a
Packet Pg. 2743 Attachment: 2022-04-26 Council discretionary funds exhibit (5097 : Discretionary funds for marketplace on Pico Blvd) 1 Vernice Hankins
From: Hajar Muqtasid St. Claire <[email protected]> Sent: Monday, April 25, 2022 5:18 PM
To: councilmtgitems
Subject: In Support of item 13D

EXTERNAL
Dear Santa Monica City Council,
I am writing in support of item 13D. I encourage you all to support Mayor Pro Tem Kristin McCowan and Councilmember Davis in the allocation of $25,000, or more, of discretionary funds to Community Corporation of Santa Monica to support the upcoming community based marketplace at Brunson Terrace, located at 1819 Pico Blvd. This marketplace has been a community vision and collaboration between local activists, grassroots organizers and other Pico community stakeholders expressing the need for local, affordable, small business spaces.

Thank You,
Hajar Muqtasid
Item 13.D
04/26/2022
1 of 2 Item 13.D
04/26/2022

13.D.b
Packet Pg. 2744 Attachment: Written Comment (5097 : Discretionary funds for marketplace on Pico Blvd) 1 Vernice Hankins
From: diana hinek <[email protected]>
Sent: Monday, April 25, 2022 8:20 PM
To: councilmtgitems
Subject: Item 13D

Sincerely,
Diana Hinek
‐‐
Birth Doula and Photographer
www.dearbirth.com
www.facebook.com/dearbirth
https://www.instagram.com/dearbirth
Item 13.D
04/26/2022
2 of 2 Item 13.D
04/26/2022

13.D.b
Packet Pg. 2745 Attachment: Written Comment (5097 : Discretionary funds for marketplace on Pico Blvd)

13.E
April 26, 2022
Council Meeting: April 26, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records & Elections Services Department
Date: April 26, 2022

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 (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.

13.E
Packet Pg. 2746
April 26, 2022
Item 13A, 13D 13E - Council Discretionary Funds
Sources (All Available Funds are start of FY 2021-22):

Amount
Unspent funds from prior year $ 189,952.00
FY 2021-22 - New Appropriation 119,820.00
Total unspent funds and new appropriation $ 309,772.00
Uses (Programmed Discretionary Funds):

April 26, 2022

13.E.a
Packet Pg. 2747 Attachment: 2022-04-26 Council discretionary funds exhibit (5098 : Waive fees for Rick Croker 5K Walk) City Council
Report
City Council Meeting: April 26, 2022
Agenda Item: 14.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Written Public Comment
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Item 14

14.A
Packet Pg. 2748
1 Vernice Hankins
From: anthony weatherbee <[email protected]>
Sent: Friday, April 22, 2022 6:13 AM
To: councilmtgitems
Subject: When is the next city council and how do I schedule time to speak about the lack of any police service in Santa Monica !

EXTERNAL
My name is Anthony weatherbee!
I live at 5:20 Colorado avenue in Santa Monica and every day walking out my front door on the private property that I'm living at I have homeless people herrassing and attacking me and my license Service dog even attacking us with weapons !
Everyday as a resident of Santa Monica when I walk to McDonald's or do a different restaurant to order breakfast lunch or dinner or just to go for a walk around Santa Monica I'm attacked by the homeless ( I E ) physically attacked and beaten by the homeless!
Several time in the last year calling the Santa Monica Police department when this has happened they mostly refuse to even do their job and show up! If and when they do show up for a violent attack against me they don't do anything they don't arrest anybody they don't clear anybody off they don't even take the weapons that the homeless people have away they just say we'll handle it have a nice day and drive off doing nothing! Crime is running rapid in Santa Monica because we have an incompetent worthless do nothing Police department that don't do what they're overpaid to do and I believe that if the police department's not doing their job in Santa Monica that we need to fire them and hire the Los Angeles Police department or the Los Angeles sheriff's department to come in and clean up out control crime filled Santa Monica and I would like to speak about this at a city council meeting thank you!
Item 14
4/26/22
1 of 5 Item 14
4/26/22

14.A.a
Packet Pg. 2749 Attachment: Item 14 (5110 : Written Public Comment) 1 Vernice Hankins
From: Clerk Mailbox
Sent: Thursday, April 21, 2022 8:14 AM
To: councilmtgitems
Subject: FW: No response to urgent concerns 4/2022
From: santa monica <[email protected]>
Sent: Wednesday, April 20, 2022 6:57 PM
To: Clerk Mailbox <[email protected]>
Subject: Fwd: No response to urgent concerns 4/2022

EXTERNAL
Please pass this IMPORTANT email to all City Council members we elected.

Sent from my iPhone
Begin forwarded message:

From: SM <[email protected]>
Date: April 20, 2022 at 6:56:05 PM PDT
To: [email protected]
Subject: No response to urgent concerns 4/2022
We are residents and want to know when City Hall will respond to questions instead of sending us to 311 for ALL questions
The " novel Corona virus" reason for limited hours is a farce and we are tired of paying taxes in a city that changes us extra surcharges
" just for being Santa Monica resident."
Many concerns as the pandemic has lifted. We are left with an over population of homeless people inundating our space where we have to pay rent and tax for everybody. I've tried to reach the CITY managers office & City Council ‐but they are ALL unresponsive.

We sent Lana Negrete an important "citizen concern "email last week still haven't heard anything back. 311 is not
Acceptable replacement for city employees that are getting full salary in the most expensive town on the West Coast.

We want answers. Please contact me at 310‐428‐6232 so we can set up an appointment for the residents concerns ‐
Life is not the same after the pandemic and it is not being addressed appropriately. Public safety is an all time low but our taxes are at an all‐time high.

Residents in Beat 1&2 Santa Monica.

We want our Elected City Council to step up to plate and assist in our concerns of issue number 1:

Public safety & removing homeless north of wilshire area.

Concerned Residents 90403
(310)428‐6232
Item 14
4/26/22
2 of 5 Item 14
4/26/22

14.A.a
Packet Pg. 2750 Attachment: Item 14 (5110 : Written Public Comment) 1 Vernice Hankins
From: Kim Reeder <[email protected]>
Sent: Wednesday, April 20, 2022 12:08 PM
To: councilmtgitems
Subject: Homeless Services comment.

EXTERNAL
Hello.

I would like to address the City Council in regard to the difficulties and barriers I am facing in Santa Monica with homeless service providers. I’m homeless and living in a Santa Monica shelter.

Unlike many homeless people, I do not have addiction issues or serious mental health issues, I fall into the 30% of the homeless that are low acuity and high functioning. Homeless services are not designed or developed for us. I’m a client of both Chrysalis and The People Concern and need help.

I’m curious if The City if helping people like me. I’m significantly more valuable on my feet and working but honestly The People Concern isn’t remotely concerned with homeless job seekers. I have a college degree as do many homeless people and Chrysalis services are not appropriate though their facility is nice when it’s open.

Kim Reeder
Sent from my iPhone
Item 14
4/26/22
3 of 5 Item 14
4/26/22

14.A.a
Packet Pg. 2751 Attachment: Item 14 (5110 : Written Public Comment) 1 Vernice Hankins
From: Corin L. Kahn <[email protected]>
Sent: Monday, April 25, 2022 4:17 PM
To: councilmtgitems
Cc: Phil Brock; David Martin; David White
Subject: NOTICE TO BUYERS OF ZONING RESTRICTIONS REGARDING ADUs

EXTERNAL
Hello City Council members: I am a land use attorney who lives in Santa Monica. My neighbor, who also is a land use attorney who lives in Santa Monica. Combined, we have approximately 75 years of experience litigating land use cases.

The problem I bring to your attention herein was discussed with the Planning Manager and an assistant City Attorney today. Both understand the accuracy of the issue identified herein and both stated they know of no limitation to making a change to the zoning ordinance to address it. What I am asking for is a zone amendment to require some form of notice to each and every successive buyer regarding the zoning prohibition of making a connection between an attached ADU and a main house if that connection would violate the total parcel coverage requirements stated in the code.

HERE IS HOW THE ISSUE HAS COME UP:

On the lot situated between us, a developer purchased a piece of property and is building on spec, a single‐family home plus an attached ADU. That is fine in light of the State’s mandate to allow such units without counting them towards lot coverage calculations. The problem is that the design and layout of the house provide with ample circumstantial evidence that the so‐called ADU will never meet the State’s objective of providing additional housing density in the R‐1 zone because it will be used as a master suite for the house, which otherwise has none and which has 4 bedrooms less than 180 square feet each.

The plans were stamped with a very strict limitation the ADU must never be connected to the main house. Without adding this requirement, the structure would greatly exceed: 1) total structure size; 2) and second floor structure size.

The house layout makes it clear the builder has no intention to sell this single‐family home with 4 tiny bedrooms, 4 tiny bathrooms and 4 really tiny closets, and no a master suite (until you punch a door through the separating wall to connect it to the house.) The value loss of selling such a home in the form it was approved by the City, as opposed to a 5 bedroom home with a 800 square foot master suite, where there is a pretense of an ADU, has to be a lot of money. The current approval and lay out of the house creates a strong disincentive to obey the zoning law.

The obvious problem arises because of the manner in which construction permitting and title are separated, i.e., the former will never provide notice to the buyer. The absolute condition, that is strictly required or else the structure will violate the 2 lot coverage zoning standards described above, does not run with the land. It is only stamped on the plans.

I believe that plans are not normally a part of a purchase and sale agreement. So, effectively, this building condition will only apply until the builder obtains his certificate of occupancy and sells the completed home.

Planning has admitted that they too are concerned about the future zoning violation. But they say all that the City can do is inform the builder, that they can do nothing until the code has been actually violated.

I disagree. City can amend its zoning ordinance without conflicting with State law to require notice of the strict requirement that the two housing units must never be connected without specific permission from the City.

Item 14
4/26/22
4 of 5 Item 14
4/26/22

14.A.a
Packet Pg. 2752 Attachment: Item 14 (5110 : Written Public Comment) 2 The current hands off approach is bad policy for a bunch of reasons: 1) The alternative of not taking action (I have a suggestion that I will briefly discuss below) is to force the neighbors to take over the police power from the City by watching the owner to make sure they do not violate what is stated only on the plans – it is stated nowhere else; 2) Buyer will honestly state they knew nothing about this limitation; 3) City is turning a blind eye to a foreseeable risk; 4) turning enforcement over to neighbors will unnecessarily create bad feelings within a community; 5) it sets into motion forces where the buyer loses; 6) the builder reaps a windfall; and 7) last, City looks lax or worse yet ‐ stupid.

I believe the solution is to require the builder, whose structure exceeds otherwise allowable coverage standards, as a land use condition in order to proceed with a design like this, to pass along specific notice of the zoning limitation to the buyer of the City’s fundamental concern the two housing units not be joined and thereafter notice provided to successive owners. If a builder is sincerely intending to create an ADU, he will not hesitate – it’s a quick and easy fix.

Sent from Mail for Windows
Item 14
4/26/22
5 of 5 Item 14
4/26/22

14.A.a
Packet Pg. 2753 Attachment: Item 14 (5110 : Written Public Comment)

Santa Monica City CouncilApril 26, 2022

Santa Monica City Council
April 26, 2022