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m-031715CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 17, 2015 A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, March 17, 2015, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Tony Vazquez Councilmember Gleam Davis Councilmember Sue Himmehich Councilmember Pam O'Connor (arrived at 5:50 p.m.) Councilmember Ted Winterer Absent: Councilmember Terry O'Day Also Present: Interim City Manager Elaine Polachek City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with Councilmembers O'Day and O'Connor absent. Councilmember Davis led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Councilmember O'Connor On order of the Mayor, the City Council recessed at 5:33 p.m., to consider arrived at 5:50 p.m. closed sessions and returned at 6:54 p.m., with Councilmember O'Day absent, to report the following: I -A: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Harris v. City of Santa Monica, Los Angeles Superior Court Case Number BC 341 569 The City Attorney advised that this item was an employment personnel lawsuit with a claim of gender discrimination, and that the parties came to an agreement to avoid the uncertainty and expense of further litigation. The City Attorney recommended settlement in the amount of $490,000. Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve Settlement No. 10040 (CCS), as recommended by the City Attorney. March 17, 2015 AYES: Councilmembers O'Connor, Winterer, Himmehich, Davis, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day 1 -B: Conference with Real Property Negotiator: Property: 3100 Neilson (recorded as 3275 Barnard Way) City Negotiators: Andy Agle, Director of Housing and Economic Development Barbara Collins, Housing Manager Under Negotiation: Terms of Affordability Covenant Owner of Record: Neilson Villa The City Attorney advised this matter was heard with no reportable action taken. 1 -C: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) —1 case: 1) Claim of Dunn and Robhana The City Attorney advised this matter was heard with no reportable action taken. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Jerry Rubin, Denise Barton and People of California commented on various Consent Calendar items. At the request of Councilmember Davis, Item 3 -D was removed from the Consent Calendar. Motion by Councilmember O'Connor, seconded by Councilmember Himmelrich, to approve the Consent Calendar except for Item 3 -D, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Davis, Himmelrich, Winterer, O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day MINUTES 3 -A: The minutes for the February 24, 2015, City Council meeting were approved. March 17, 2015 ELETRIC VEHICLE 3 -13: Award Bid for Six Chevy Spark Electric Vehicles — PURCHASE recommendation to Award Bid #4176 to Lake Chevrolet, for the purchase and delivery of six Chevy Spark electric vehicles; and authorize a purchase order with Lake Chevrolet for the purchase and delivery of six Chevy Spark electric vehicles in an amount not to exceed $177,154 with future year funding contingent on Council budget approval, was approved. TREE CARE AND 3 -C: Agreement Modification for additional tree care and MAINTENANCE maintenance — recommendation to authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9553 (CCS) in the amount of $10,000 with Valley Crest Tree Company, to provide an additional tree care and maintenance for 31 Ficus benjamina trees removed from the Expo Light Rail Project right -of -way and to be relocated in coordination with the Buffer Park Project, resulting in a four - year amended agreement with a new total amount not to exceed $360,000, with ftrture year funding contingent on Council budget approval; and, authorize changes, was approved. NORTH BEACH 3 -D: Professional Services Agreement for the North Beach PLAYGROUND Playground Project — recommendation to award Request for Proposals (REP) #SP2374 to Patrick Tighe Architecture, Inc., to provide design services for the North Beach Playground Project; authorize the City Manager to negotiate and execute professional services Agreement No. 10039 (CCS) with Patrick Tighe Architecture, Inc. (PTA) in an amount not to exceed $146,896; and authorize changes, was presented. Councilmember Davis advised that she removed item 3 -D to receive information from staff. Motion by Councilmember Davis, seconded by Mayor Pro Tern Vazquez, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Davis, I-Iimmelrich, Winterer, O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day STUDY SESSION: 4 -A: Taxicab Franchise Program Regulations, Non -Taxi Vehicles for TAXICAB FRANCHISE Hire Regulations, and Curb Space Allocation to Non -Taxi Vehicles for PROGRAM Hire (e.g., Uber, Lyft) — recommendation that City Council review and REGULATIONS comment on vehicles for hire and direct staff to: 1) Include both taxi and non -taxi vehicles for hire when allocating curb space; 2) Research and consider amendments to the taxicab franchise program; 3) Draft an ordinance to amend the taxicab franchise program rules and regulations; 4) Draft an ordinance to amend the vehicle for hire regulations to establish minimal regulations on in -city vehicles for hire; and, 5) Return to Council 3 March 17, 2015 with recommendations on franchise renewals and vehicle allocations, was presented. Members of the public Gayle Shankle, Sandy Clair, Denise Barton, Patrick Sandoval (donated time by Amar Make), Leon Slomovic, Eyal Gutentag (donated time by Michael Amodeo), Barry Levin, Jaime B. Laurent, Shirley Pe, Tom Larmore (donated time by Alunen Salem), and Cassandra Hooks (donated time by Khalid Charif), and Ayman Radwan. Considerable discussion ensued on topics including, but not limited to regulation, franchise fees, curb space, and background checks. Staff direction was provided. Motion by Councilmember O'Connor, seconded by Councilmember Vazquez, to receive and file the information. The motion was approved by a unanimous voice vote, with all members present excepting Councilmember O'Day. ADMIN. PROCEEDINGS: 6 -A: Appeals 14APP -006 and 14APP -007 of the Planning 1415 OCEAN AVENUE Commission's approval of Conditional Use Permit 13CUP -017 and Parking Variance 13VAR -012 to amend existing alcohol and parking variance permits for the Georgian Hotel located at 1415 Ocean Avenue, has been rescheduled at the request of appellant Unite Here and will be considered at the May 12`x' council meeting, and the Applicant Georgian Hotel has agreed to the new date. ORDINANCES: 7 -A: Introduction for first reading an Ordinance Adopting Local MODIFY REQUIREMENT Modifications to the Requirements of the Property and Business FOR PETITION Improvement District Law of 1994 to reinstate a 40- percent- minimum THRESHOLD Petition Threshold for Consideration of Establishing a Property or Business Improvement District, was presented. Members of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Councilmember Winterer, seconded by Councilmember Hirmnelrich, 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 O'Connor, Winterer, IIimmelrich, Davis, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day 4 March 17, 2015 STAFF 8 -A: Presentation of the City's Comprehensive Annual Financial ADMINISTRATIVE Report (CAFR) — recommendation that the City Council receive and file ITEMS: the independent auditors' unmodified (clean) report for the City's financial ANNUAL FINANCIAL statements for the fiscal year ended June 30, 2014 and the attached REPORT Auditor's Letter to Council, was presented. No members of the public spoke on this item. Considerable discussion ensued on topics including, but not limited to communication with Council and audit findings. Motion by Councilmember Himmelrich seconded by Councilmember Winterer, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Davis, I-Iirmnelrich, Winterer, O'Comior, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day INTERNAL AUDIT 8 -B: Presentation of Internal Audit Internal Controls Review Report CONTROLS REVIEW and Review of the City's Audit Review Framework, Including Consideration of Audit Committee — recommendation that the City Council: review and comment on the Internal Controls Review report prepared by the City's internal auditor, Moss Adams LLP; and approve the City's current audit review framework, including presentation of audit reports to the full City Council in an open hearing, was presented. Member of the public Jerry Rubin spoke generally in favor of the recommended action. Members of the public Denise Barton, People of California, Michael Soloff, Laura Wilson, Laurence Eubank, Marcy Winograd (donated time by Linda Piera - Avila), Nancy Coleman and Mary Marlow spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to the process of the review and creation of an audit committee. Motion by Councilmember Winterer, seconded by Councilmember Davis, to direct staff to return with a resolution to create an audit committee composed of up to three Councilmembers with the possibility of expertise from members of the public, and to give staff direction to begin working on an implementation plan with Moss and Adams, to be reviewed by the committee, and to review the staff work plan at the April 28, 2015 meeting. March 17, 2015 The motion was approved by the following vote: AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day PUBLIC HEARINGS: 9 -A: Public Hearing and Adoption of Resolution Approving the CALIFORNIA California Municipal Finance Authority ( "CMFA ") to Issue Revenue MUNICIPAL FINANCE Bonds for the Benefit of Crossroads School for the Arts and Sciences AUTHORITY ( "Crossroads ") — recommendation to Hold a Public Hearing under the requirements of the Tax and Equity Fiscal Responsibility Act and the Councilmember Hinznaelrich Internal Revenue Code of 1986, as amended; receive Public Comment; and, u,as excused at 11: 58 p. in. adopt Resolution No. 10868 (CCS) entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (THE CROSSROADS SCHOOL FOR ARTS AND SCIENCES) SERIES 2015 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $32,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF EDUCATIONAL FACILITIES AND RELATED PROPERTIES AND CERTAIN OTHER MATTERS RELATING THERETO," was presented. No members of the public spoke on the item. Motion by Councilmember Davis, seconded by Councilmember Winterer, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Davis, Winterer, O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmembers Hinnnelrich, O'Day COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Planning DISCUSSION ITEMS: Commission for a term ending on June 30, 2015, was presented. PLANNING COMMISSION No members of the public spoke on this item. Councilmember Hin naehIch On order of the Mayor, the item was continued to the March 24, 2015 returned to the dais at 12:01 Council meeting. a.m. COMMISSION ON THE 13 -B: Recommendation to accept Jessica Lall's resignation from the STATUS OF WOMEN Commission on the Status of Women and authorize the City Clerk to publish the vacancy, was presented. 6 March 17, 2015 No members of the public spoke on this item. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present excepting Councilmember O'Day. FOURTH OF JULY 13 -C: Request of Councilmember Winterer that the Council allocate PARADE $5000 to the Ocean Park Association, a 501(c)3, to hire a professional coordinator to assist with organizing and staging of the annual Fourth of July Parade on Main Street, was presented. Member of the public People of California spoke generally in opposition to the recommended action. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve the recommendation. The motion was approved by the following vote: AYES: Couneilmembers O'Connor, Winterer, Himmelrich, Davis, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day COMMISSION ON THE 13 -1): Appointment to one unscheduled vacancy on the Commission STATUS OF WOMEN on the Status of Women for a term ending on June 30, 2015, was presented. No members of the public spoke on this item. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Elena Christopoulos. Councilmember flimmehich nominated Madeleine Brand. The following votes were tallied: Christopoulos: Councilmembers Davis, Winterer, O'Connor Brand: Councilmember Himmelrich, Mayor Pro Tern Vazquez, Mayor McKeown As there was a tie, on order of the Mayor, the item was continued to a future meeting, with a date uncertain. 7 March 17, 2015 MAYORS' CHALLENGE 13 -E: Request of Mayor McKeown and Councilmember O'Connor FOR SAFER PEOPLE, that the Council authorize Santa Monica's participation in the United SAFER STREETS States Department of Transportation's "Mayors' Challenge for Safer People, Safer Streets," and reaffirm that pedestrian and bicycle mobility and safety are of the utmost importance by pursuing a multi - departmental approach to complete streets and safety. The goal of complete streets is to make streets safe and convenient for all road uses and for people of all ages and abilities. Santa Monica's Bicycle Action Plan and Pedestrian Action Plan should incorporate best practices from complementary initiatives such as Vision Zero (no loss of life acceptable), and 8 -80 Cities (if a city works for persons who are 8 years old and 80 years old, it will be good for all), was presented. Member of the public People of California spoke generally in opposition to the recommended action. Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember O'Day ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:17 a.m. in memory of Don "Skip" Skipworth, Pauline Baker and Kevin McCarthy. ATTEST: % i 9 Sarah P. Gorman City Clerk APPROVED: 4)�_. Kevin McKeown Mayor March 17, 2015