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m112415CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 24, 2015 A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:31 p.m., on Tuesday, November 24, 2015, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Tony Vazquez Councilmember Sue Himmelrich Councilmember Pam O'Connor (arrived at 5:48 pm) Councilmember Terry O'Day Councilmember Ted Winterer Absent: Councilmember Gleam Davis Also Present: City Manager Rick Cole City Attorney Marsha Jones Moutrie Acting City Clerk Denise Anderson -Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all members present except Councilmembers O'Connor and Davis, absent. Denise Anderson -Warren led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:33 p.m., to consider Councilmember O'Connor closed sessions and returned at 6:45 p.m., with Councilmember Davis arrived at 5:48 p.m. 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): City of Santa Monica v. ARB, Inc., Los Angeles Superior Court Case Number SC 119 923 The City Attorney advised this matter is related to the paint peeling off of the Civic Center Parking structure, and recommended Council approve a Settlement Agreement in the amount of $800,000 to be paid to the City. 1 November 24, 2015 Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve Settlement Agreement No. 10223 (CCS) in the amount of $800,000. 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 I.B. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Von Detten v. City of Santa Monica, Los Angeles Superior Court Case Number BC 535 892 The City Attorney advised this was a trip and fall matter, and recommended that Council approve a Settlement Agreement in the amount of $118,500. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve Settlement Agreement No. 10224 (CCS) in the amount of $118,500. 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 I.C. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Ries v. City of Santa Monica, Los Angeles Superior Court Case Number BC 542 963 The City Attorney advised this was a trip and fall matter, and recommended that Council approve a Settlement Agreement in the amount of $21,000. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve Settlement Agreement No. 10225 (CCS) in the amount of $21,000. 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 2 November 24, 2015 I.D. Conference with Real Property Negotiator: Property: 1241 Fifth Street City Negotiators: Andy Agle, Director of Housing and Economic Dev. Under Negotiation: Terms of Affordability Covenant Owner of Record: Alon Roma, LLC The City Attorney advised this matter was heard with no reportable action taken. I.E. Conference with Legal Council - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) —1 Case The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA 2.A. City Manager's Report - Citywide Planning and Preparations ITEMS: in Anticipation of an El Nino Weather Event, was presented. CITY MANAGER'S REPORT Members of the public Brian Hutching and People of California commented. The City Manager also announced that Nelson Hernandez has been chosen as the new Senior Advisor to the City Manager on Airport affairs. CONSENT CALENDAR: Members of the public Laurence Eubank, Denise Barton, People of California, Jerry Rubin, Zina Josephs, and Michael Toney commented on various Consent Calendar items. All items were considered and approved in one motion unless removed by a Councilmember for discussion. At the request of Councilmember Himmelrich, Item 3-13 was removed from the Consent Calendar. Acting City Cleric, Denise Anderson -Warren, stated for the record that Item 3-J, Minutes contained an amended. page. Motion by Councilmember Winterer, seconded by Councilmember O'Connor, to approve the Consent Calendar except for Item 3-B, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: 3 November 24, 2015 AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis ADVERTISING POSTING 3.A. Award Bid for Advertising Posting Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4216 to Outdoor Service Providers, Inc., a California-based company for bus advertisement installation services; 2. Authorize the City Manager to negotiate and execute contractual service Agreement No. 10219 (CCS) with Outdoor Service Providers, Inc., in an amount not to exceed $231,000 for one year, with two additional one-year renewal options in the amount of $468,945, on the same terms and conditions for a total amount not to exceed $699,945 over a three-year period, with future year funding contingent on Council budget approval. 4TH AND COLORADO 3.C. Amendment to Professional Services Agreement to Complete the Visioning for the 4th and Colorado (4CO) Site, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to contract 49167 (CCS) in the amount of $308,000 and extend the term for an additional year with AECOM, a California-based company, for continuing technical analysis consultant services to complete the visioning for the 4th and Colorado (4CO) site and area access. This will result in a seven year amended contract with a new total amount not to exceed $2,259,775, with future year funding contingent on Council budget approval. ALCOHOLIC BEVERAGE 3.D. Accept Department of Alcoholic Beverage Control (ABC) CONTROL 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 $10,800 from the California Department of Alcoholic Beverage Control (ABC) for the 2015 Department of Alcoholic Beverage Control's ABC - OTS Grant Program. 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. 4 November 24, 2015 GRANT AWARD 3.E. 2015 Bulletproof Vest Partnership Grant, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant award in the amount of $9,297 from the United States Department of Justice (US DOJ) for the 2015 Bulletproof Vest Partnership (BVP) Award. 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. ANNUAL WATER MAIN 3.F. Award Professional Service Agreement for the Annual Water REPLACEMENT Main Replacement Project, was approved. PROJECT Recommended Action Staff recommends that the City Council: 1. Award RFP# SP2383 to California Watershed Engineering (CWE), a California-based company, to provide engineering design services for the Annual Water Main Replacement Project; 2. Authorize the City Manager to negotiate and execute professional service Agreement No. 10220 (CCS) with California Watershed Engineering (CWE), in an amount not to exceed $98,076 (including a 10% contingency); and, 3. Authorize the Director of Public Works to issue any necessary changes to complete additional work within contract authority. DOWNTOWN SPECIFIC 3.G. Amendment to Provide Additional Scope of Work for the PLAN Downtown Specific Plan Environmental Impact Report, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to contract #9687 in the amount of $75,000 with AMSC Corporation, a London-based company, for additional scope of work related to the Downtown Specific Plan Environmental Impact Report. This will result in a 2 year amended contract/agreement with a new total amount not to exceed $966,000, with future year funding contingent on Council budget approval. COLLECTIONS SERVICES 3.H. Modification to Agreement with Transworld Systems Inc. for Collections Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Contract No. 9763 (CCS) with Transworld Systems Inc., a California-based company, to extend the contract term through December 30, 2018, for collections services on 5 November 24, 2015 delinquent debt. This will result in a five-year amended agreement with no change to the total contract amount not to exceed $200,000, with future year funding contingent on Council budget approval. FIRE CHIEF 3.I. Adoption of Resolution No. 10925 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED EXECUTIVE PAY PLAN TO MADE CERTAIN CHANGES TO THE CLASSIFICATION OF FIRE CHIEF, was adopted. Recommended Action Staff recommends that the City Council adopt Resolution No. 10925 {CCS) authorizing the City Manager to execute a revised Executive Pay Plan amending the salary and retirement benefits for the classification of Fire Chief. MINUTES 3.J. Minutes for the November 10, 2015 City Council meeting, were approved, as amended. CODE OF ETHICS 3.13. Adoption of Citywide Code of Ethics, was presented. Recommended Action Staff recommends that the City Council adopt the proposed Code of Ethics and direct staff to proceed with implementation of the Code and related policies. Councilmember Himmelrich advised that she removed Item 3-13 to find out more about who this program applies to, and if there it is an Administrative Instruction in place, why is this item coming before Council. Staff responded and answered questions. A Supplemental Report was previously distributed, which recommend that Council adopt the values - based Code of Ethics that would be applicable to staff only at this point. This would be the first step in developing a comprehensive Code of Ethics. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Vazquez, to approve staff recommendation. 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 6 November 24, 2015 STUDY SESSION: 4.A. Review and Discussion of Preliminary Concept Designs for the LINCOLN Lincoln Neighborhood Corridor Plan, was presented. NEIGHBORHOOD CORRIDOR PLAN Recommended Action Staff recommends that the Council: 1. Review proposed streetscape, transportation network and business improvement concepts; 2. Provide policy guidance on the design of medians on Lincoln Boulevard; 3. Provide input on proposed incentive programs, and 4. Direct staff to proceed with additional public participation process and refinement of concepts. Members of the public Jerry Rubin, Roger Swanson, People of California, Hunter Hall, Brian Hutching, Zina Josephs, and Dolores Sloan commented on the plan. Considerable discussion ensued on topics including, but not limited to: curb extensions, small business waivers, concerns about acceleration of gentrification in the business district, medians versus center bus lanes, bike lanes, buffer zones, extending the bus lanes from the 10 freeway to the Venice border, and routing Willi in the street lights as part of the new furnishings. Direction was given to staff for maximum medians preferred, all bus only lanes, incentives for small local business owners, public art, tree planting, spacious bike lanes, prioritize youth and local jobs, grants and waivers to help the storefronts improve the look through small projects, Architectural lighting that can be energy efficient as well as provide safety, the bus lanes to create better flow, and it needs to work for bicycles (i.e. the East/West bike corridors are a good example of good flow for bicycles), and bike safety at crossings (i.e. Ashland). Motion by Councilmember O'Day, seconded by Councilmember Winterer, to review and file the information, and provide direction to staff going forward with the Lincoln Neighborhood Corridor Plan. The motion was unanimously approved by voice vote, with Councilmember Davis absent. WATER NEUTRALITY 4.B. Proposal for Water Neutrality Ordinance, was presented. Recommended Action Staff recommends that the City Council review and comment on options for creation of a water neutrality ordinance for new development, tenant improvement projects and major remodels, and provide staff with direction on how to proceed. 7 November 24, 2015 Members of the public Denise Barton, People of California, and John Zinner commented. Considerable discussion ensued on topics including, but not limited to mitigation fee study, losses of revenue to the water fund (Capital facility fee), the new system should not be based on the assumptions from the old fees. Direction was given to staff to look into adding a fee for older hotels that would result in a surcharge on room rates, offset program for larger programs, City or third party vendor to administer the program, looking into a differential between housing versus commercial development, encourage people to develop an Urban living and water use, exempt affordable housing, allow fee for four units or less, in favor primarily of the direct assessment of the long term projects, and short term projects, enforcement is inevitable, and a third party vendor to be determined. Motion by Ma or Pro Tem Vazquez, seconded by Councilmember Himmelrich, to review and file the information, and provide direction to staff going forward. The motion was unanimously approved by voice vote, with Councilmember Davis absent. ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2500 (CCS) METERS entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUIRING INDIVIDUAL METERS FOR ALL MULTI -FAMILY RESIDENTIAL PROJECTS WITH SIX UNITS OR FEWER; REQUIRING ALL MULTIFAMILY RESIDENTIAL PROJECTS WITH GREATER THAN SIX UNITS TO INSTALL A MASTER METER AND SUBMETERS; AND DELETING THE METER EXEMPTION FOR LOW AND MODERATE MULTI -FAMILY HOUSING, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, 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, Winterer, Himmelrich, Mayor Pro Tem Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis 8 November 29, 2015 TAXI FRANCHISES i.B. Second Reading and Adoption of Ordinances Amending Chapters 6.48, 6.49, and 6.50 of the Santa Monica Municipal Code Updating Regulations Of Vehicles For Dire, Taxicabs, and Pedicabs and Ordinances Amending and Extending A Taxicab Franchise Granted To: All Fellow Taxi, Inc., Doing Business as Metro Cab, Bell Cab Company, Inc., Independent Taxicab Owners Association, TMAT Corporation Doing Business as Taxi! Taxi!, and L. A. Cooperative, Inc., Doing Business as Yellow Cab Company, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember I-Iimmelrich, seconded by Mayor Pro Tem Vazquez, to adopt an ordinance reading by title only and waiving further reading thereof for Ordinance No. 2501 (CCS), Amending Chapters 6.48, 6.49, and 6.50 of the Santa Monica Municipal Code Updating Regulations of Vehicle for Hire, Taxicabs, and Pedicabs. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, Winterer, O'Day, O'Connor, Mayor Pro Tem Vazquez NOES: Mayor McKeown ABSENT: Councilmember Davis Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Vazquez, to adopt an ordinance, reading by title only and waiving further reading thereof for Ordinance No. 2502 (CCS) Amending and Extending a Taxicab Franchise Granted to All Yellow Taxi, Inc., doing business as Metro Cab. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich, Mayor Pro Tem Vazquez NOES: Mayor McKeown ABSENT: Councilmember Davis Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Vazquez, to adopt an ordinance, reading by title only and waiving further reading thereof for Ordinance No. 2504 (CCS) Amending and Extending a Taxicab Franchise Granted to Bell Cab Company, Inc. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, Winterer, O'Day, O'Connor, Mayor Pro Tem Vazquez NOES: Mayor McKeown ABSENT: Councilmember Davis 9 November 24, 2015 Motion by Councilmember Himmelrich, seconded by Mayor Pro Tern Vazquez, to adopt the ordinance, reading by title only and waiving further reading thereof for Ordinance No. 2505 (CCS) Amending and Extending a Taxicab Franchise Granted to Independent Taxicab Owners Association. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich, Mayor Pro Tem Vazquez NOES: Mayor McKeown ABSENT: Councilmember Davis Motion by Councilmember Himmelrich seconded by Mayor... -Pro Tem Vazquez, to adopt the ordinance, reading by title only and waiving further reading thereof for Ordinance No. 2506 (CCS) Amending and Extending a Taxicab Franchise Granted to TMAT Corporation, doing business as Taxi? Taxi! The motion was approved by the following vote: AYES: Councilmembers Himmelrich, Winterer, O'Day, O'Connor, Mayor Pro Tem Vazquez NOES: Mayor McKeown ABSENT: Councilmember Davis Motion by Councilmember Himmelrich, seconded by Mavor Pro Tem Vazquez, to adopt the ordinance, reading by title only and waiving further reading thereof for Ordinance No. 2503 (CCS) Amending and Extending a Taxicab Franchise Granted to L.A. Cooperative, Inc., doing business as Yellow Cab Company. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich, Mayor Pro Tem Vazquez NOES: Mayor McKeown ABSENT: Councilmember Davis Mayor McKeown stated for the record that he was opposed to this last time because he felt that Council didn't give enough weight to the drivers concerns, by not reducing the amount of cars on the streets. STAFF ADMINISTRATIVE S.A. Main Street Parldet Pilot Program — Selection of Locations and ITEMS: Operators, was presented. PARKLET PILOT PROGRAM Recommended Action Staff recommends that the City Council: 1. Select the area adjacent to 2904, 2906, and 2908 Main Street as a location for a parklet and Holy Guacamole, LLC as the parklet operator; 2. Select the area adjacent to 2807 Main Street as a location for a parklet and One Red, LLC (dba Wild Flour also Ashland Hill), a Santa Monica 10 November 24, 2015 based company as the parklet operator; 3. Authorize the City Manager to negotiate and execute Agreement No. 10221 (CCS) with Holy Guacamole, LLC to operate the parklet for one year, with 2 additional 1 year renewal option (s); 4. Authorize the City Manager to negotiate and execute Agreement No. 10222 (CCS) with One Red, LLC (dba Wild Flour also Ashland Hill) to operate the parklet for one year, with 2 additional I year renewal option; 5. Review and comment on the Main Street Business Improvement Association's request to extend outdoor dining leases with private businesses to parklets. Members of the public Matthew Gibbons, Jerry Rubin, Hunter G. Hall, Gary Gordon, Luke Tabit, and Greg Ralston, spoke in favor of the recommended action. Member of the public Denise Barton, spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to: more consideration to businesses on the North side of town, two parklets selected instead of thrce, plans for programming and design, safety measure concerns, and how to apply no smoking laws to parklets, Motion by Councilmember O'Connor, seconded by Councilmember Winterer, to adopt the staff recommendation, with the addition of a third parklet, located in front of Finn McCool's at 2702 Main Street. 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 COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Social Services DISCUSSION ITEMS: Commission for a term ending on 06/30/2018, was presented. SOCIAL SERVICES COMMISSION Member of the public Bill Parent, spoke generally in favor of the recommended action. On order of the Mayor, the floor was opened for nominations. Councilmember Himmelrich nominated Bill Parent. Bill Parent was voted by acclamation, with Councilmember Davis absent. 11 November 24, 2015 COMMISSION ON THE 13.11. Recommendation to accept Jillian Alexander's resignation from STATUS OF WOMEN the Commission on the Status of Women and authorize the City Clerk to publish the vacancy, was presented. There were no members of public present. Motion by Mayor McKeown, seconded by Councilmember Winterer, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with Councilmember Davis absent. COMMISSION ON THE B.C. Recommendation to accept Jamie Gallo's resignation from the STATUS OF WOMEN Commission on the Status of Women and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Winterer, seconded by Councilmember O'Connor, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with Councilmember Davis absent. SOCIAL SERVICES 13.1). Recommendation to accept Sabrina Fields' resignation from the COMMISSION Social Services Commission and authorize the City Clerk to publish the vacancy, was presented. Member of the public Shawn Landres, spoke in favor of the recommended action. Motion by Mayor Pro Tem Vazquez, seconded by Himinelrich, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with Councilmember Davis absent. H.R. 2209 13.E. Request of Mayor McKeown that the Council support H.R. 2209 and any companion legislation that would require Federal banking regulators to include municipal bonds under the Liquidity Coverage Ratio (LCR) and to proceed with communicating the City's support to the Federal government and elected officials. This legislation would treat municipal bonds as high quality liquid assets which would help encourage financial institutions to continue to invest in local communities, was presented. 12 November 24, 2015 Motion by Mayor McKeown, seconded by Councilmember Himmelrich, to approve the recommendation. The motion was unanimously approved by voice vote, with Councilmember Davis absent. PUBLIC INPUT: Members of the public Brian Hutchings, Denise Barton, Art Casillas, People of California, and Michael Toney commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:14 p.m. ATTEST: Denise Anderson -Warren Acting City Clerk APPROVED: Kevin McKeown Mayor 13 November 24, 2015