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m082515CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 25, 2015 A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:46 p.m., on Tuesday, August 25, 2015, at City Hail, 1685 Main Street Santa Monica, CA. Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Tony Vazquez Councilmember Sue Himmelrich Councilmember Pam O'Connor (arrived at 5.44p, n7.) Councilmember Terry O'Day (arrived at 6:3O p.in.) Councilmember Ted Winterer Absent: Councilmember Gleam Davis Also Present: City Manager Rick Cole Chief Deputy City Attorney Jeanette Schachtner City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:41 p.m., with Councilmembers Davis, O'Coiulor and O'Day absent. Chief Deputy City Attorney Jeanette Schachtner led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS No members of the public commented on closed session. Councilrnernber° O'Connor On order of the Mayor, the City Council recessed at 5:46 p.m., to consider ar•r Ned at 5:44 P. in. closed sessions and returned at 7:13 p.m., with Councilmember Davis absent, to report the following: Councilniernber O'Day ar•r Ned at 6:30 p. w. I.A. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Korolyov v. City of Santa Monica, Los Angeles Superior Court Case Number BC 522 762 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.B. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. 1 August 25, 2015 Nugent, et al., Los Angeles Superior Court Case Number SC124 122 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.C. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. Ornstein, et al., Los Angeles Superior Court Case Number SC 124 123 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.D. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. Bader, et al., Los Angeles Superior Court Case Number SC 124 124 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. LE. Conference with Legal Counsel. — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. Levy, et al., Los Angeles Superior Court Case Number SC 124 125 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.F. Conference with Legal Counsel — Existing Litigation -- Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. Phibiln, et al., Los Angeles Superior Court Case Number SC 124 126 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.G. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. Greene, et al., Los Angeles Superior Court Case Number SC 2 August 25, 2015 124127 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. J.H. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): City of Santa Monica, et al. v. Prager, et al., Los Angeles Superior Court Case Number SC 124 128 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. 1.1, Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Exposition Metro Line Construction Authority v. City of Santa Monica, et al., Los Angeles Superior Court Case Number BC 563 050 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.J. Conference with Legal Counsel — Existing Litigation --- Litigation has been initiated formally pursuant to Government Code Section 54956(4)(1): City of Santa Monica v. United States of America, et al, USCA — 9th Circuit Case No. 14-55583 (USDC Case No. CV 13-8046-JFW) Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. LK. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956(4)(1): In the Matter of Compliance With Federal Obligations By the City of Santa Monica, California, FAA Docket No. 16-14-04 Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. I.L. Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) — 1 case: 423-429 Ocean Avenue 3 August 25, 2015 PUBLIC INPUT: SPECIAL AGENDA ITEMS: CONSENT CALENDAR: Deputy City Attorney Yibin Shen advised that this matter related to a dispute with Developer SM Ocean Star LLC relating to the applicability of the new zoning ordinance to particular property. The Deputy City Attorney recommended settlement wherein the developer will withdraw the pending certificate of economic hardship application and proceed with the project through a certificate of appropriateness process which provides for greater landmark preservation benefits, and withdraw and waive all damages claims against the City. _Motion by Councilmember Winterer, seconder Mayor Pro Tem Vazquez, to approve Settlement No. 10171 (CCS), as recommended by the Deputy City Attorney. AYES: Councilinembers Hinunehich, Winterer, O'Day, O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis I.M. Property: Parcels seaward of the 1921 Mean High Tide Line and adjacent to 201 Palisades Beach Road City Negotiator: Judith Meister Under Negotiation: Lease and Terms Owner of Record/Operator of Property Lessee: State of California/City of Santa Monica/The Beach Club Deputy City Attorney Yibin Shen advised this matter was heard with no reportable action taken. Motion by Mayor Pro Tem Vazquez, seconded by Councilmember Himmelrich, to hear student John Butchko speak under Public Input at this time in the meeting. The motion was approved by unanimous voice vote, with all members present excepting Councilmember Davis. Member of the public John Butchko commented on a local issue. 2.A. Commendation to Santa Monica Little League 2015 AAA Division Champions, was presented by Mayor McKeown. All items were considered and approved in one motion unless removed by a Councihnember for discussion. Members of the public Debi Mitchell, Denise Barton, People of California and Brian Hutchings commented on various Consent Calendar items. At the request of Councilmember Himmelricb, Item 3.1 was removed from 0 August 25, 2015 the Consent Calendar. Motion by Mayor Pro Tem Vazquez, seconded by Councilmember O'Connor, to approve the Consent Calendar except for Item 3.I, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, Winterer, O'Day, O'Connor, Mayor Pro Tem. Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis MINUTES 3.A. The minutes for the July 28, 2015 City Council meeting, were approved as amended. HYDROGEOLOGIST 3.B. Award Agreement for Hydrogeologist Professional Services, PROFESSIONAL was approved. SERVICES Staff recommends that the City Council: 1. Award RFP #33 to Richard C. Slade & Associates, LLC, a California-based company, for hydrogeological professional services. 2. Authorize the City Manager to negotiate and execute professional services Agreement No. 10160 (CCS) with Richard C. Slade & Associates, LLC, in an amount not to exceed $1,860,000 (including a 10% contingency) for five years. 3. Authorize the Director of Public Works to issue any necessary changes to complete additional work within contract authority. REFUSE PACKER 3.C. Amend Purchase Order for Two Additional Compressed VEHICLES Natural Gas Side Load Refuse Packer Vehicles, was approved. Staff recommends that the City Council: 1. Approve a change order to Purchase Order 395420 -OP in the amount of $330,005 with Boerner Truck Center (a.k.a. RWC Group), a California-based company, for the purchase and delivery of one additional Compressed Natural Gas Side Load Refuse Packer Vehicle. This would result in a revised purchase order total not to exceed $1,320,019. 2. Approve a change order to Purchase Order 395422 -OP in the amount of $333,599 with Los Angeles Freightliner (a.k.a. Velocity Vehicle Group), a Califomia-based company, for the purchase and delivery of one additional Compressed Natural Gas Side Load Refuse Packer Vehicle. This would result in a revised purchase order total not to exceed $1,000,797. 5 August 25, 2015 ANNUAL PAVING 3.D. Award Construction Contracts for the Annual Paving Project, PROJECT was approved. Staff recommends that the City Council: 1. Award Bid #SP2370 to All American Asphalt, a California-based company, for the Annual Paving Project. 2. Authorize the City Manager to negotiate and execute Contract No. 10161 (CCS) with All American Asphalt in an amount not to exceed $1,400,300 (includes a 10% contingency). 3. Authorize the City Manager to negotiate and execute Contract No. 10162 (CCS) with Civil Source, Inc., a California-based company, in an amount not to exceed $121,000 (includes a 10% contingency) for construction management and inspection services for the Annual Paving Project. 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. 1550 BEACH PARKING 3.E. License Agreement with Film Independent for use of a portion LOT of the 1550 Beach Parking Lot for the Independent Spirit Awards, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute license Agreement No. 10163 (CCS) with Film Independent to use a portion of the 1550 Beach Parking Lot for the Independent Spirit Awards from February 18 to March 2, 2016. BIG BLUE BUS 3.F. Big Blue Bus Title VI Service Standards and Policies for Conducting Service/Fare Equity Analyses, was approved. Recommended Action Staff recommends that the City Council approve the proposed Big Blue Bus Title VI Standards and Policies, and proposed update to the previously adopted Big Blue Bus Service, Design, Performance, and Evaluation Guidelines, HEAVY-DUTY 3.G. Award Sid to Provide Heavy -Duty Batteries, was approved. BATTERIES Recommended Action Staff recommends that the City Council: 1. Award Bid 44190 to: a. Battery Power, a California-based company, for the purchase of DEKA brand heavy-duty batteries for transit coaches; and b. Advanced Battery Systems, Inc., a California-based 6 August 25, 2015 company for the purchase of Odyssey brand heavy-duty batteries for transit coaches and Fire vehicles. 2. Authorize the Purchasing Services Manager to issue purchase orders totaling $308,488 with: a. Battery Power for DEKA brand heavy-duty 8D and Group 31 batteries in the amount not to exceed $60,000 for one year, with two additional one-year renewal options with 2% increase per year for a total amount not to exceed $183,624, with future year funding contingent on Council budget approval; b. Advanced Battery Systems, Inc. for Odyssey brand heavy- duty bus and Fire apparatus batteries in the amount not to exceed $40,000 for one year, with two additional one year renewal options with 4% increase per year for a total amount not to exceed $124,864, with future year funding contingent on Council budget approval. FLEET MANAGEMENT 3.11. Award Bid to Provide Motor Oil, Automatic Transmission Fluid and Other Lubricants to BBB and Public Works Fleet Management, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4184 to: a. Rosemead Oil Products, Inc., a California-based company, for the purchase and delivery of motor oil (recycled and new), conventional automatic transmission fluid and other lubricants for transit buses and City vehicles; and b. Dartco Transmission Sales and Services, Inc., a California- based company, for the purchase and delivery of TranSynd synthetic automatic transmission fluid for transit buses and City vehicles. 2. Authorize the Purchasing Services Manager to issue purchase orders totaling $1,122,841 with: a. Rosemead Oil Products, Inc. for purchase and delivery of motor oil (recycled and new), conventional automatic transmission fluid and other lubricants in the amount not to exceed $175,000 for one year, with two additional one-year renewal option(s) with a 2% increase per year for a total not to exceed $535,570; and b. Dartco Transmission Sales and Services, Inc. for the purchase and delivery of TranSynd synthetic automatic transmission fluid in the amount not to exceed $190,000 for one year, with two additional one-year renewal option(s) with a 3% increase per year for a total not to exceed $587,271. 7 August 25, 2015 MECHANICAL & 3.1 Award Agreement for Mechanical (HVAC, Plumbing) & ELECTRICAL Electrical Engineering Services, was approved. ENGINEERING SERVICES Recommended Action Staff recommends that the City Council: 1. Award Request for Proposals (RFP) #SP2410 to Kitchell, a California-based company, to provide professional mechanical (HVAC and Plumbing) and electrical engineering services for various building and facility renovation/upgrade projects as required by Architecture Services. 2. Authorize the City Manager to negotiate and execute professional service Agreement No. 10164 (CCS) with Kitchell, in an amount not to exceed $300,000 for three years, with one additional one-year renewal option in the amount of $100,000 to be exercised at the City's sole discretion, for a total not to exceed $400,000 over four years. Future year funding is contingent on Council budget approval. 3. Authorize the Director of Public Works to issue any necessary modifications to complete additional work within budget authority. URBAN AREA SECURITY 3.K. Acceptance of First Amendment to Urban Area Security INITIATIVE Initiative (UASI) 2013 Agreement, was approved. Recommended Action Staff reconunends that the City Council: I. Authorize the City Manager to negotiate and execute a first amendment to the 2013 UASI grant in the amount of $132,956 for a total arnount of $932,032; 2. Authorize the budget changes as outlined in the Financial Impacts and Budget Actions section of this report. AFFORDABLE HOUSING 3.L. Affordable Housing Production Program Fee Resolutions, was approved. Recommended Action Staff recommends that Council adopt attached Resolution Nos. 10902 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET - RATE MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 9.56.070(B) BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS" and 10903 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION 8 August 25, 2015 9.56.070© BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS". CALIFORNIA INCLINE 3.M. Award Professional Service Agreement for the California PEDESTRIAN Incline Pedestrian Overcrossing and Idaho Trail Project, was OVERCROSSING AND approved. IDAHO TRAIL PROJECT Recommended Action Staff recommends that the City Council: 1. Award RFP# SP2391 to TY Lin International (TY Lin), a California-based company, to provide engineering design services for the California Incline Pedestrian Overcrossing and Idaho Trail Project; 2. Authorize the City Manager to negotiate and execute professional services Agreement No. 10165 (CCS) with TY Lin in an amount not to exceed $411,827 (including a 10% contingency); 3. Authorize the Director of Public Works to issue any necessary modifications to complete additional work within budget authority. LEAGUE OF 3.N. Support State Voter and Election Bills and Authorize CALIFORNIA CITIES Concurrency with League of California Cities Advocacy Positions, was approved. Recommended Action Staff recommends that the City Council: 1. Review and comment on three bills introduced into the California State Legislature for the 2015 - 2016 session (AB 1461, SB 439 and SB 450) and direct staff to proceed with communicating the City's position on each bill as detailed in Attachment A; 2. Authorize staff to, if warranted, align the City's future legislative positions with the positions of the League of California Cities and communicate the City's position as needed, and delegate authority to the Mayor to participate when the City's position and the League's position are not aligned PROJECTDOX 3.0. Third Modification to Contract 99149 with Avolve for MAINTENANCE ProjectDox Maintenance, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a third modification to agreement #9149 (CCS) in the amount of $225,380 with Avolve Software, an Arizona -based company, for maintenance and support of ProjectDox plan checking system. This will result in a ten year amended agreement with a new total amount not to exceed $601,248, with future year funding contingent on Council 9 August 25, 2015 budget approval. 2. Authorize the Chief Information Officer to issue any necessary changes within contract authority. INTERNATIONAL 3.P. Resolution Authorizing the City Manager to Execute BROTHERHOOD OF Memorandum of Understanding No. 10166 (CCS) with the TEAMSTERS International Brotherhood of Teamsters (IBT), was approved. Recommended Action Staff recommends that the City Council: 1. Adopt attached Resolution No. 10904 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 911." 2. Approve the attached revised salary schedule effective as a result of the negotiated tentative agreement reached for the classifications represented by IBT. ECONOMIC 3.Q. Economic Development Administration Grant Application, was DEVELOPMENT GRANT approved. Recommended Action Staff recommends that the City Council: I. Authorize the City Manager to execute all necessary documents to apply for an Economic Development Assistance Program grant for the Commercial Broadband Economic Development program, accept the grant, and accept all grant renewals, if awarded. 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report, in the event that the grant is awarded. EMPLOYEE 3.R. Authorization to execute an agreement with Holman ASSISTANCE PROGRAM Professional Counseling Centers for the City's Employee Assistance Program, was approved. Recommended Action Staff recommends that City Council authorize the City Manager to negotiate and execute contract/professional services Agreement No. 10167 (CCS) with Holman Professional Counseling Centers, a California-based company, in an amount not to exceed $210,000 for one year, with one -additional one-year renewal option in the amount of $210,000 on the same terms and conditions for a total amount not to exceed $420,000 over a two-year period, with future year funding 10 August 25, 2015 contingent on Council budget approval. BIG BLUE BUS 3.S. Extend Maintenance Agreements for the Big Blue Bus and Parldng Meter Currency Counting Room Equipment, was approved. Recommended Action Staff recommends that the City Council: 1. Approve a change order to the existing purchase order in the amount of $25,500 with Money System Technology, a Texas-based company, for the maintenance of two coin sorters/counters and conveyor belts used for currency counting operations. This will result in a revised purchase order total amount not to exceed $40,500 over a five-year period, with future year funding contingent on Council budget approval. 2. Approve a change order to the existing purchase order in the amount of $41,400 with Richard's Coin & Currency Counters, a California-based company, for the maintenance of various equipment for currency counting operations. This will result in a revised purchase order total amount not to exceed $65,400 over a five-year period, with future year funding contingent on Council budget approval. UTILITY USERS TAXES 3.T. Contract No. 10168 (CCS) with the California State Board of Equalization for Collection of Utility Users Taxes on Prepaid Mobile Telephony Services, was approved. Recommended Action Staff recommends that the City Council: 1) Adopt attached Resolution No. 10905 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE AGREEMENT WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF THE LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT"; and 2) Adopt attached Resolution No. 10906 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXAMINATION OF PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS". REMANUFACTURING 3.U. Award Bid to Provide Remanufacturing of Allison OF ALLISON Transmissions, was approved. TRANSMISSIONS Recommended Action Staff recommends that the City Council: 1. Award Bid #4191 to Western States Converters and 11 August 25, 2015 Transmissions Inc., a California-based company, for remanufacturing of Allison Transmission transmissions; 2. Authorize the City Manager to negotiate and execute contractual service Agreement No. 10172 (CCS) with Western States Converters and Transmissions Inc., in an amount not to exceed $150,000 for one year, with two additional one-year renewal option(s) in the amount of $300,000, on the same terms and conditions for a total amount not to exceed $450,000 over a three-year period, with future year funding contingent on Council budget approval. ELECTRIC VEHICLE 3.1. Contract Modification for the Installation of Electric Vehicle CHARGING STATION Charging Station Equipment, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Contract No. 10169 (CCS) in the amount of $25,575 with BTCPower, Inc., a California-based company, for the upgrade of electric vehicle charging station equipment. This will result in a one-year amended contract with a new total amount not to exceed $183,802. Councilmember O'Day stated that he was recusing himself from discussion Councilmember O'Day of this item, and would leave the Council Chambers. recused himselffrom discussion of Item 34 and Councilmember Himmelrich advised that she removed the item to receive was excused f-oin Council information from staff. Chainbers at 7:32 p. in. Motion by Councilmember Himmelrich, seconded by Councilmember O'Connor, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Winterer, Himmelrich, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None RECUSED:Councilmember O'Day ABSENT: Councilmember Davis STUDY SESSION: 4.A. Study Session regarding Affordable Housing Financing, was AFFORDABLE HOUSING presented. Councilinember O'Day Recommended Action returned to Council Staff recommends that the City Council review, comment, and provide Chambers at 7:40 p. m. direction regarding the current state of affordable housing in Santa Monica and opportunities to increase financing for affordable housing. 12 August 25, 2015 Members of the public Elaine Golden-Gealer (donated time by Daniel Davidsobn), Jerry Rubin, Rene Buchanan (speaking on behalf of the Housing Commission), Denise Barton, People of California, Todd Flora, Richard Broad, John Mimms, Sarah Letts, Dennis Zane, Ron Goldman, Leslie Lambert, Diane Miller, Mario Fonda-Bonardi, Carter Rubin, Nicole Phillis, Brian Hutchings, Shawn Landres, Andrew Hoyer, Art Casillas, Danilo Bach, Jennifer Kennedy, Tricia Crane, and Andric McFerson. Considerable discussion ensued on topics including, but not limited to funding for affordable housing, development agreements, amount of housing required, and workforce housing. Staff direction was provided to: review input and output goals for affordable housing; to message to the public the work being done to rehabilitate existing housing, and to consider dedicating a portion of a funding source to that rehabilitation work; consider a small adjustment of reserves, explore allocation of revenue over inflation to affordable housing, consider transit occupancy taxes and sales taxes (particularly a shared tax with the school district), consider a possible property transfer tax or parking tax, and not to consider a parcel tax; consider ongoing funding streams; consider ongoing and diverse funding sources, recognize that rehabilitated housing is not a fit for all needs, and recognize that affordability housing should be built in appropriate locations for the need of the community to retain diversity and inclusiveness; provide objective metrics; include inclusionary housing, consider use of a real estate transfer tax, document taxes, and parking taxes; allow 100% affordable housing offsite for inclusionary objectives; consider the overall affordability of the community; consider the needs of displaced tenants; and focus efforts on state funding and county funding. ORDINANCES: 7.A. Second Reading and Adoption Ordinance No. 2491 (CCS) BIKE SHARE AND CAR entitled, "AN ORDINANCE OF THE CITY COUNCIL OF SHARE PROGRAMS THE CITY OF SANTA MONICA AMENDING ARTICLE III, CHAPTERS 3.06 (CAR SHARE), 3.12 (TRAFFIC Councilinen7ber Winterer was REGULATIONS), AND 3.20 (BIKE SHARE) TO excused at .10:19 p. in. ACCOMMODATE CITY -SPONSORED BIKE SHARE AND CAR SHARE PROGRAMS AND MODIFY TRAFFIC REGULATIONS RELATING TO PERMIT PARKING IN FRONT OF COMMERCIAL DRIVEWAYS", was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember O'Connor, seconded by Councilmember Hiininelrich, to adopt the ordinance, reading by title only and waiving 13 August 25, 2015 further reading thereof The motion was approved by the following vote: AYES: Councilmembers Himmelrich, O'Day, O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmembers Davis, Winterer SOLAR ENERGY 7.B. Second Reading and Adoption Ordinance No. 2492 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR CERTAIN SOLAR ENERGY SYSTEMS", was presented. Recommended Action Staff recominends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Vazquez, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmembers Davis, Winterer JOB CLASSIFICATIONS 7.C. Introduction for First Reading of an Ordinance Updating the List of Job Classifications with Authority in Santa Monica Councilrrrernber Winterer Municipal Code 3.36.090 and Updating the Definition of returned to Council "Enforcement Officer" in Santa Monica Municipal Code Chambers at 10: 22 p. m. 1.09.020, was presented. Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance amending the definition of "enforcement officer" as defined in the list of personnel in Santa Monica Municipal Code Section 1.09.020 and the job classifications of those Police Department employees granted enforcement authority as specified in Santa Monica Municipal Code Section 3.35.090. Member of the public Ned Landin spoke generally in favor of the recommended action. Members of the public Denise Barton and Art Casillas spoke generally in opposition to the recommended action. 14 August 25, 2015 Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Vazquez, 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 I-Iimmelrich, Winterer, O'Day, O'Connor Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis STAFF S.A. Ongoing Affordability of Senior Housing at Neilson Villa, was ADMINISTRATIVE presented. ITEMS: SENIOR HOUSING Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Contract No. 10170 (CCS) with Shapell Government IIousing, Inc., within the parameters outlined in Attachment A regarding the Neilson Villa senior affordable housing development, and approve the budgetary changes identified in the Financial Impact and Budget Actions section of the report. Members of the public Denise McGranahan, Igor Kekarev, and Eileen Sedacea spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to the value of the property, subsidization, project based vouchers, and affordable housing. Motion by Mayor McKeown, seconded by Councilmember O'DaX, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer Mayor Pro Tem Vazquez, Mayor McKeown NOES: Councilmember Himmelrich ABSENT: Councilmember Davis Direction to staff to move forward now on things happening over the next few years. PUBLIC HEARINGS: 9.A. Compliance with the Congestion Management Program, and CONGESTION Related Development Report, was presented. MANAGEMENT PROGRAM Recommended Action Staff recommends that the City Council hold a public hearing, receive Councilmember Hininielrich public comment, and adopt Resolution No. 10907 (CCS) entitled, "A 15 August 25, 2015 nvas excused at 11: 33 p.m. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALIFORNIA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Members of the public Denise Barton and People of California spoke generally in opposition to the reconunended action. Motion by Councilmember O'Day, seconded by Councilmember O'Connor, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Winterer, O'Day, O'Connor Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmembers Davis, Himmelrich BOARDS/COMMISSIONS: 10.A. COMMISSION THE STATUS OF WOMEN Councilmember Ilimmelrich returned to Council Chambers at 11: 38 p.rn. Receive the Commission the Status of Women "2015 Report on the Status of Women and Girls", Adopt Resolution No. 10908 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) AND RECEIVING THE 2015 REPORT ON WOMEN AND GIRLS IN SANTA MONICA FROM THE COMMISSION ON THE STATUS OF WOMEN, was presented. Recommended Action Staff recommends that the City Council: 1. Receive the Commission on the Status of Women "Report on the Status of Women in Santa Monica, 2015"; 2. Adopt a resolution to support the local implementation of The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); 3. Delegate responsibility to oversee local implementation of CEDAW principles to the Santa Monica Commission on the Status of Women. Members of the public Jillian Alexander (speaking on behalf of the Commission on the Status of Women), Becky Lantry, and Elena Christopoulos spoke generally in favor of the recommended action. Motion by Councilmember O'Dav, seconded by Councilmember Himmelrich, to adopt the staff recommendation. 16 August 25, 2015 Motion to amend by Councilmember Winterer to make the report available to the public in various ways. The motion was friendly to the maker and seconder. Staff direction was provided to consider contracting with local, minority, and women owned businesses. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis RESOLUTIONS: 11.A. Resolution No. 10909 (CCS) entitled, "A RESOLUTION OF FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A REVISED FEE SCHEDULE FOR CERTAIN LANDMARK PERMIT APPLICATION FEES AND SERVICES IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT", was presented. Recommended Action Staff recommends that the City Council adopt the attached Resolution to establish a new fee schedule for Landmark -related permit application user fees and services in the Planning and Community Development Department (PCD). No members of the public were present to speak on this item. Motion by Councilmember Winterer, seconded by Councilmember Himmehich, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Hirnmelrich, Winterer, O'Day, O'Connor Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Arts DISCUSSION ITEMS: Commission for a term ending on June 30, 2016, was presented. ARTS COMMISSION There were no members of the public present to spear on this item. Councilmember Himmelrich nominated Susan Feldman. 17 August 25, 2015 Mayor McKeown nominated Roger Genser. Mr. Genser was appointed by the following vote: Feldman: Councilmembers Winterer, Himmelrich Genser: Councilmembers O'Connor, O'Day, Mayor Pro Tem Vazquez, Mayor McKeown AUDIT SUBCOMMITTEE 13.B. Appointment to one 4 -year term and one 2 -year term on the newly established Audit Subcommittee and setting the term end date, was presented. There were no members of the public present to spear on this item. On order of the Mayor, the floor was opened for nominations of the 4 -year term. Councilmember Himmelrich nominated Nimish Patel for the four year term. Mr. Patel was appointed by acclamation with a unanimous vote in his favor, with all members present excepting Councilmember Davis. On order of the Mayor, the floor was opened for nominations of the 2 -year term. Councilmember Himmelrich nominated Frances Ellington for the two year term. Ms. Ellington was appointed with a unanimous vote in her favor, with all members present excepting Councilmember Davis, and with Councilmember O'Connor abstaining. ELLIS ACT 13.C. Request of Mayor McKeown, Mayor Pro Tem Vazquez, and Councilmember Winterer that the Council support both a state moratorium on Ellis Act evictions, as suggested in the August 5th letter from Congressional Representatives Maxine Waters and Karen Bass, and the related concept of a state moratorium on Costa -Hawkins Act decontrolled rent increases; and direct staff and our Sacramento lobbyists to convey the City's position to state legislators and the Governor, was presented. Members of the public Diane Miller, Andria McFerson, spoke generally in favor of the recommended action. 18 August 25, 2015 Motion by Ma or McKeown seconded by Councilmember O'Day, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis LEAGUE OF 13.D. Designation of voting delegate and alternate(s) for the League of CALIFORNIA CI'T`IES California Cities Annual Conference and Business Meeting, to be held September 30 through October 2, 2015, in San .lose, California, was presented. Member of the public Brian Hutchings spoke generally in favor of the recommended action. Motion by Ma or McKeown seconded by Councilmember Winterer, to designate Councilmember O'Connor as the voting delegate, and Mayor McKeown as alternates. The motion was unanimously approved by voice vote, with Councilmember Davis absent. PUBLIC INPUT: Members of the public People of California, Michael Toney, Andria McFerson commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:19 a.m. in memory of Marcus Tucker, Frank Gifford, and Howard Alphson. ATTEST: APPROVED: Sarah P. Gorman Kevin McKeown City Clerk Mayor 19 August 25, 2015