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