m20160614CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 14, 2016
A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:34 p.m., on
Tuesday, June 14, 2016, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Tony Vazquez
Mayor Pro Tem Ted Winterer
Councilmember Gleam Davis
Councilmember Sue Hiimmelrich
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:05 p. in.)
Absent: Councilmember Terry O'Day
Also Present: City Manager Rick Cole
City Attorney Marsha Jones Moutrie
City Clerk Denise Anderson -Waren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:34 p.m., with all
members present except Councilmembers O'Day and O'Connor. Mayor Pro
Tem Winterer led the assemblage in the Pledge of Allegiance.
CLOSET} SESSIONS There was no one present for public cormment on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 6:55 p.m., with Councilmember O'Day
Councibneinber• O'Connor absent, to report the following:
arrived at 6:05 p. in.
I.A. Conference with Legal. Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1) - Angelos v. City of Santa Monica, et al., Los Angeles
Superior Court Case Number BC 617 877
The City Attorney advised that this item was Beard, 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(4)(1) - McQueen v. City of Santa Monica, et al., Los Angeles
Superior Court Case Number BC 618 128
June 14, 2016
The City Attorney advised that this item was heard, with no reportable act
taken.
I.C. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(4)(1): Pico Neighborhood Association, Maria Loya and
Advocates for Malibu Public Schools v. City of Santa .Monica, Los
Angeles Superior Court Case Number BC 616 804
The City Attorney advised that this item 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): Marls Smith, ct al. v. City of Santa Monica, 14 CPR Part
16, PAA Docket No. 16-16-02
The City Attorney advised that this item was heard, with no reportable action
taken.
I.E. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(4)(1): Rose v. Jones Lang LaSalle, City of Santa Monica, et
Los Angeles Superior Court Case Number BC 551 888
The City Attorney advised that this was a trip and fall accident, and
recommended a settlement in the amount of $100,000.
Motion by Councilmember McKeown, seconded by Councilmember Davi
to approve Settlement Agreement No. 10312 (CCS), in the amount of
$10000. The motion was approved by the following vote:
AYES: Councilinembers Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
ABSTAIN: Councilmember O'Connor
ABSENT: Councilmember O'Day
I.F. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1) - Strisovslq v. City of Santa Monica, et al., Los Angeles
Superior Court Case Number BC 522187
The City Attorney advised that this item was heard, with no reportable action
taken.
2 Jtme 14, 2016
SPECIAL AGENDA 2.A. City Manager's Deport: Public Safety Dispatch, was presented.
ITEMS:
REPORT ON TRAVEL There was no travel to report from Council,
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There were no members of the public present to comment on Consent
Calendar items.
At the request of Councilmember Himmelrich, Items 3-A and 3-E was
removed from the Consent Calendar.
Motion by Councilmember McKeown seconded by Councilmember
Himmelrich, to approve the Consent Calendar except for Items 3-A and 3-E,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmeinbers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
LANDSCAPING SERVICE 3.B. Award Did to Furnish Material and Labor for the Landscape and
Irrigation Conversion Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4250 to Clean Cut Landscape, a California-based
company to furnish material and labor for the landscape and irrigation
conversion project at various City locations;
2. Authorize the City Manager to negotiate and execute contractual
services Agreement No. 10313 (CCS) with Clean Cut Landscape, in an
amount not to exceed $700,000 (includes a $73,230 contingency).
EMPLOYEE 3.C. Resolution No. 10962 (CCS) entitled, A RESOLUTION OF THE
MEMOAANDS OF CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE
UNDERSTANDINGS TENTATIVE AGREEMENTS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDA OF UNDERSTANDING
WITH THE ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL
EMPLOYEE ASSOCIATION, THE PUBLIC ATTORNEYS UNION,
AMEND THE MEMORANDUM OF UNDERSTANDING WITH THE
SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF, AND REVISE
THE EXECUTIVE PAY PLAN AND CONFIDENTIAL
UNREPRESENTED EMPLOYEES PAY PLAN, was approved.
3 June 14, 201 b
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution accepting the tentative agreements
authorizing the City Manager to execute Memoranda of Understanding
(MOU) Nos. 10314 (CCS) through 10319 (CCS) between the City and the
Administrative Team Associates (ATA), Municipal Employees Association
(MEA), the Public Attorneys Union (PAU), a tentative agreement amending
and modifying the terms and conditions the MOU with the Santa Monica
Firefighters Local 1109 (Local 1109), and to execute revisions to the
Executive Pay Plan (EPP), and the Confidential Unrepresented Employees
(CUE) Pay Plan,
2. Approve the attached revised salary schedule effective as a result of
the negotiated tentative agreements reached for the classifications
represented by ATA, MEA, PAU, EPP and CUE.
ANNUAL WATER 3.D. Award Professional Service Agreement (PSA) for Annual Water
INFRASTRUCTURE Infrastructure Reliability Improvement Project, was approved.
RELIABILITY
IMPROVEMENT Recommended Action
PROJECT Staff recommends that the City Council:
1. Award RFP# SP2429 to Cannon Corporation, a California-based
company to provide engineering design services, develop
construction documents and provide engineering support during the
construction of the Water Infrastructure Reliability Improverr
Project; '
2. Authorize the City Manager to negotiate and execute professional
services Agreement No. 10320 (CCS) with Cannon Corporation in
an arnount not to exceed $86,135 (includes a 15% contingency).
3. Authorize the City Manager to accept all grant renewals for grant
(Grant No. XP -96945401).
4. Authorize the City Manager to accept a grant (Grant No. XP-
OOT79601) awarded in the amount of $848,000 from the U.S.
Environmental Protection Agency (EPA) for the Santa Monica Water
Reliability Infrastruucture Improvement project, and to accept all
grant renewals.
5. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
6. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
CREDIT CARD 3.I<. First Amendment to Subscription Agreement for American.
ACCEPTANCE Express Credit Carel Acceptance Services with American Express
SERVICES Travel Related Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manage,
4 June 14, 2016
negotiate and execute Subscription Agreement No. 10322 (CCS) in an
estimated amount of $1,772,000 for an additional five year term with
American Express Travel Related Services Company (AMEX), a New York -
based company, for American Express credit card acceptance services. This
will result in a nine year and eight month amended agreement for an
estimated total of $3,000,000. The actual contract amount will vary based on
credit card usage and assumes am ual increases of 5.5%.
MINIMUMWAGE 3.G. Approve Agreement for Minimum Wage Enforcement Services
ENFORCEMENT with Los Angeles County, was approved.
Recommended Action
Staff recommends that the City Council:
1) Authorize the City Manager to negotiate and execute Agreement No.
10323 (CCS) with Los Angeles County to provide enforcement
services for the City of Santa Monica's minimum wage. The
agreement is for an amount not to exceed $125,000 for one year, with
four one-year renewal options, for a total not to exceed amount of
$625,000 over a five-year period, with future year funding contingent
on Council budget approval; and
2) Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
CITY YARDS 3.H. Resolution No. 10963 (CCS) entitled, "A RESOLUTION OF THE
MICROGRID PROJECT CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND TO ENTER INTO A
GRANT AGREEMENT WITH THE CALIFORNIA ENERGY
COMMISSION FOR AWARD UNDER THE GRANT FUNDING
OPPORTUNITY GFO-15-312," was approved.
Recommended Action
Staff recommends that City Council:
1. Adopt the attached resolution necessary to accept the grant award
from the California Energy Commission for Phase One of the
proposed Microgrid project at the City Yards.
TEMPORARY STAFFING 3.. Authorize the Purchasing Services Manager to Issue Purchase
AGENCIES Orders to Temporary Staffing Agencies, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP 456 to AppleOnc Employment Services — Government
Solutions Division, a California-based company; Chrysalis
Enterprises, a California-based company; First Call Staffing, Inc., a
California-based company; JAS Pacific, a California-based
company; Johnson Service Group, an Illinois -based company; NTT
June 14, 2016
Data, Inc., a Massachusetts-based company; Partners In Diversity,
Inc., a California-based company; Top Tempo - Future Pcrsor
Agency, Inc., a California-based company; Two Roads Professic.
Resources, Inc., a California-based company; and Ultimate Staffing
Services, a California-based company; for temporary staffing
services;
2. Authorize the Purchasing Services Manager to issue purchase orders
with AppleOne Employment Services -- Government Solutions
Division, Chrysalis Enterprises, First Call Staffing, Inc., JAS Pacific,
Johnson Service Group, NTT Data, Inc., Partners In Diversity, Inc.,
Top Tempo - Future Personnel Agency, Inc., Two Roads
Professional Resources, hic., and Ultimate Staffing Services for
temporary staffing in the amount not to exceed $700,000 for one year,
with four additional one-year renewal options to extend on the same
terms and conditions for a total amount not to exceed $3,500,000,
with future year funding contingent on Council budget approval.
BIG BELLY/SMART 3.A. Award Biel for Purchase of Big Belly/Smart Belly Dual
BELLY DUAL COMPACT Compactor Stations, was presented.
STATIONS
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4245 to Waxie Sanitary Supply, a California-based
company, for the purchase of Big Belly/Smart Belly dual compa("
stations;
2. Authorize the Purchasing Services Manager to issue a purchase oraer
with Waxie Sanitary Supply for the purchase of Big Belly/Smart
Belly dual compactor stations in an amount not to exceed $145,000
for one year, with four -additional one-year renewal options, with an
up to two percent annual increase on the same terms and conditions
for a total amount not to exceed $754,586 over a five-year period,
with future year Rinding contingent on Council budget approval.
Councilmember Himmehich pulled items 3-A and 3-E because she was
concerned that our procurement process is flawed in either how specific we
are, or that PlanetBid is not the software that we should be using for bids.
Staff provided clarification, and responded to questions that sole source for
this product is the manufacturer of the dual compact system in the United
States. The only other company is located in Asia.
Motion by Councilmember Himmelrich seconded by Councilmember
Davis, to approve the recommended action. The motion was approved by
the following vote:
6 June 14, 2016
AYES: Councilmembers O'Connor, Hirnmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
ONLINE BIDDING 3.E. Modification to Contract with PlanetBids, Inc. for Maintenance
PORTAL, and Product Support Services, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Contract No. 10321 (CCS) in the amount of $19,125
with four one-year options totaling $82,415 for a total amended amount of
$101,540 with PlanctBids Incorporated, a California-based company, to
provide maintenance and product support services for the online bidding
portal pursuant to Section 2.24.080(b) of the Santa Monica Municipal Code.
This will result in a 14 year amended agreement with a new total amount not
to exceed $313,863, with future year funding contingent on Council budget
approval.
Councilmember Himmelrich questioned if PlanetBids is the best way to get
the best bidders. Staff responded that a full report on the Procurement process
is being presented at the next meeting, and those questions and concerns will
be addressed then.
Motion by Councilmember Himmelrich seconded by Mayor Pro Tem
Winterer, to approve the recommended action. The motion was approved by
the following vote:
AYES: Councilmembers O'Connor, Hinunehich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
ORDINANCES: 7.B. Second Reading and Adoption of Ordinance No. 2520 (CCS)
ZONING CORRECTIONS entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MAKING MINOR CLERICAL CHANGES,
CORRECTIONS, AND CLARIFICATIONS TO THE CITY'S ZONING
ORDINANCE (DIVISIONS 1-5 OF ARTICLE 9 OF THE SANTA
MONICA MUNICIPAL CODE) AND TO THE CITY'S LAND USE AND
ZONING RELATED PROVISIONS (DIVISION 6 OF ARTICLE 9 OF
THE SANTA MONICA MUNICIPAL CODE)," was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis,, seconded by Councilmember O'Connor,
7 June 14, 2016
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmernbers O'Connor, Hirnmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
ZONING 7.A. Second Reading and Adoption of Ordinance leo. 2521 (CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
TABLE 9.11.020 GOVERNING THE MUBL, MUB, GC, AND NC
ZONING DISTRICTS TO ONLY APPLY SPECIFIC LIMITATIONS #17
AND 419 TO COMMERCIAL USES NOT CURRENTLY SUBJECT TO
DISCRETIONARY REVIEW AND TO EXPAND THE
DISCRETIONARY REVIEW REQUIREMENT FOR OFFICE USES,
MEDIA PRODUCTION SUPPORT FACILITIES, MEDICAL OFFICES,
AND DENTAL OFFICES IN SPECIFIC LIMITATION H21", was
presented.
Recommended Aetion
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis seconded by O'Connor, to adopt;
ordinance, reading by title only and waiving further reading thereof. f
motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: Councilmember Himmelrich
ABSENT: Councilmember O'Day
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to give direction to staff to go back to Plamting Commission and to study the
impact of frontage shifts on neighborhood serving and pedestrian oriented
uses, retail in particular. The motion was approved by a consensus of the
Council, with Councilmember O'Day absent.
INTERIM 7.C. Second heading and Adoption of Ordinance No. 2522 (CCS)
DEVELOPMENT entitled, "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
PROCEDURE'S CITY OF SANTA MONICA ESTABLISHING INTERIM
DEVELOPMENT PROCEDURES AND STANDARDS PENDING
ADOPTION OF THE DOWNTOWN COMMUNITY PLAN,
MODIFYING THE ALCOHOL ESTABLISHMENT CAP FOR
RESTAURANTS IN THE BAYSIDE COMMERCIAL ZONV`
DISTRICT, AND PROHIBITING THE CONVERSION OF EXIS`i,.
8 June 14, 2016
FULL SERVICE RESTAURANTS INTO RESTAURANTS THAT DO
NOT PROVIDE FULL SERVICE WITHIN THE BSC -1 ZONE", was
presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Pro Tem Winterer,_seconded by Councihneinber Davis, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councibnembers McKeown, Davis, Himmelrich, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
STAFF 8.A. Resolutions related to the General Municipal Election to be held
ADMINISTRAI'I`TE on November 8, 201.6, .Agreement for Election Services & Supplies, and
ITEMS: Amendments to the City's Election Code, was presented.
GENERAL MUNICIPAL
ELECTION Recommended Action
Staff recommends that the City Council:
L. Adopt Resolution Nos. 10964 (CCS) entitled: "RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CALLING AND GIVING NOTICE FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2016, FOR ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE CALIFORNIA
ELECTIONS CODE AND PROVISIONS OF THE SANTA
MONICA CITY CHARTER;" RESOLUTION NO. 10965 (CCS)
ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION OF THE CITY OF SANTA MONICA TO BE HELD
ON NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON SAID DATE PURSUANT TO
ELECTIONS CODE SECTION 10403;" AND, RESOLUTION
NO. 10966 (CCS) ENTITLED: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2016;" and;
2. Authorize the City Manager to negotiate and execute Contract No.
9 June 14, 2016
10324 (CCS) with Martin & Chapman, a California based companv,
for election services and supplies required to conduct the Gene
Municipal Election in an amount not to exceed $164,100.
3. Introduce and adopt Ordinance No. 2519 (CCS) entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 11.04.120,
11.04.160, AND 11.04.165 OF THE CITY ELECTIONS CODE
CLARIFYING THE CANDIDATES STATEMENT OF
QUALIFICATIONS, DELETING REFERENCES TO
OUTDATED FORMS, AND CLARIFYING THAT CAMPAIGN
DISCLOSURE STATEMENTS MUST BE ELECTRONICALLY
FILED."
There were no members of the public present to comment on this item.
Motion by Mayor Pro Tem Winterer, seconded by Councilrnember
O'Connor, to adopt Resolution Nos. 10964 (CCS) tluough 10966 (CCS)
calling the election, requesting for consolidation, requesting services from
the County, reading by title only and waiving fuither reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers O'Comror, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
Motion by Mayor Pro Tens Winterer, seconded by Councilmember
O'Connor, to authorize the City Manager to negotiate and Contract No.
10324 (CCS), with Martin & Chapman, for election services and supplies, in
an amount not to exceed $164,000, for the General Municipal Election. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
Motion by Ma or Pro Tem Winterer, seconded by.. CoLurcilmember
O'Connor, to introduce and adopt Ordinance No. 2519 (CCS), reading by
title only and waiving further reacting thereof. The motion was approved by
the following vote:
AYES: Councilmembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
10 June 14, 2016
LAND USE 'VOTED, S.B. Qualification of Initiative Petition for Proposed Ordinance
EMPOWERMENT Entitled Land Use Voter Empowerment, was presented.
Recommended Action
Staff recommends that the City Council accept the qualified initiative
petition for a proposed ordinance entitled "Land Use Vote Empowerment"
as verified by the Los Angeles County Clerlc/Registrar Recorder and:
1. Adopt Resolution No. 10967 (CCS) untitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING THE CERTIFICATION OF THE CITY CLERK AS
TO THE SUFFICIENCY OF THE INITIATIVE PETITION
ENTITLED "AN INITIATIVE MEASURE AMENDING THE
CITY'S LAND USE AND CIRCULATION ELEMENT (LUCE)
AND ZONING ORDINANCE TO REQUIRE VOTER APPROVAL
OF CERTAIN DEVELOPMENT PROJECTS THAT WOULD BE
SUBJECT TO A NEW PERMIT REQUIREMENT, OF ALL
DEVELOPMENT AGREEMENTS, AND OF CERTAIN
CHANGES TO THE CITY'S LAND USE AND PLANNING
POLICY DOCUMENTS SUBJECT TO SPECIFIED
EXEMPTIONS," accepting the certification of the City Clerk that the
petition is sufficient and has exceeded the minimum qualified
signatures of 6,430; and
2. Take one of the following actions:
a) adopt the ordinance;
b) direct staff to return on June 28, 2016, with a resolution and ballot
language placing the measure on the November 8, 2016, municipal
election ballot; or,
c) Council already having directed staff to conduct a study on the
possible impacts of the proposed measure, direct staff to return
with the results of that study within 30 days.
Members of the public Jerry Rubin, Denise Barton, Zina Josephs, Leonora
Yelter, Zoe Muntaner, Andrew Hoyer, David Garden, Jeremy Stutes, Tricia
Crane, Armen Melkonians, Jason Islas, Carl Hansen, and Paul De Santis,
commented on the recommended action.
Motion by Ma or Pro Tem Winterer, seconded by Councilmember Davis, to
adopt Resolution No.10967 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilinembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
1 I June 14, 2016
Motion by Councilmernber McKeown, seconded by Councilmember Davis,
to directed staff to conduct a study on the possible impacts of the props
measure, direct staff to return with the results of that study within 30 da,
and in that study include the following: The effect on the internal consistency
of the City's General and Specific Plans; the impact on the availability and
location of housing; the impact on uses of vacant parcels of land; the impact
on traffic congestion; specifically whether or not this measure would
successfiully mitigate traffic; what is the impact of the exemptions for
affordable housing that have been placed in the measure (i.e. what types of
development might occur on those exempt sites, both during the period of
the exemption, and then after that); with pending state measures having to
do with overriding local land use policy, the study should address which
policy overrides which (state or local); analysis of how this measure
compares or contrast with the recently passed measure in Malibu; and what
would happen with reconstruction of buildings that are red tagged in the
event of another major earthquake.
Councilmember Himmelrich, proposed a friendly amendment to ask staff to
study all of the factors listed in 9212. The motion was considered friendly by
the maker and seconder.
Councilmember Himmelrich, proposed a second friendly amendment to ask
staff to look at another alternative to LUVE that would be more consonant
with the state trailer bill that would allow residents to retain the ideal
vote without being preempted by state law. Because this was not agendi.
the maker did not accept this motion as friendly.
Councilmember Davis, proposed friendly amendments. l) to have staff study
the amount of development that may occur at the exemption sites that are
listed in the measure, 2) have staff look at the potential effect of the measure
on displacement or gentrification of neighborhoods, and 3) look at the effect
on commercial and residential property values. The motion was considered.
friendly by the maker.
Questions were raised about how the study was going to be done, and if staff
had enough resources to complete a thorough study in the 30 day period. The
City Manager responded and proposed that staff has already prepared for the
potential of this study, and gave clarification on the direction staff plans to
take when preparing the study.
Ma or Pro Tem Winterer, proposed some friendly amendments:
clarification regarding exemptions for Senior housing; exemptions for
moderate income housing projects; clarification on permitting process;
analysis of the 77 housing elements, and if there is a Floor Area Ratio (FAR)
cap of 2.5, and how that would be different from what is currently alloy- '
projects around the Bergamot site could be outside of the current zc
12 June 14, 2016
ordinance; clarification about public infrastructure, are they required to go
through this project process; and, if current planning projects (Downtown
Santa Monica, Pico Neighborhood) would have to go before the public for a
vote. All of the amendments were considered friendly by the maker and
seconder.
Council suggested reviewing other cities Planning literature on other studies
where this type of measure has already been studied and adopted, and the
impacts on cities where this type of measure has passed, and been adopted.
The motion to direct staff to conduct a study on the possible impacts of the
proposed measure, with amendments, and direct staff to return with the
results of that study within 30 days. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Hinuneh•ich, O'Connor
Mayor Pro Tem Winterer•, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
Motion b Councilmember Himmelrich, to direct staff to look at what a
feasible alternative might be that is less extreme than the LUVE measure,
that might allow a vote of the people on projects that are larger than perhaps
what anyone would want to see.
Considerable discussion ensued on the value of creating an alternate measure
that is not thoroughly researched or vetted, and the decision to remove the
motion to direct staff was made by Councilmember Himmelrich.
OAKS INITIATIVE 8.C. Proposed Amendments to Article XXII of the City Charter (the
Oaks Initiative), was presented.
Recommended Action
Staff recommends that the City Council review and comment on proposed
amendments to Article XXII of the City Charter (the Oaks Initiative) and
direct staff to proceed with preparation of a ballot measure.
Members of the public Michael Toney, Elizabeth VanDenburg, Nancy
Coleman, Nicole Phillis, Denise Barton, Johnathan Foster, Zoe Muntaner
(time donated by Andrew Hoyer), and Shawn Landres spoke on the
recommended action.
Questions were asked and answered of staff regarding the following: terms
for service and employment, should exempt volunteers of non -profits,
penalties for enforcement, creating public access to all who submit request
for permits and bids or contracts from the city, concerns about when
13
June 14, 2016
conferring a benefit really begins and how to measure the value of that
benefit, concern about going back to capture benefits, set the threshold,
the benefit to a higher dollar amount, the value and benefit of a No vote, i.
unfair to Planning Commissioners who plan to run for City Council, Oaks
needs to be enforceable, have clear guidance, concern over Corporations
contributing or having their employees contribute.
Hueston report recommended the following amendments to Article XXII:
- Exemption for Directors of non -profits
- Expanding the time period covered by the Oafs Initiative prohibition, so
that it would reach back to the proposal phase
- Direction on enforcement
- Expanding liability for violations, so that it would include both the party
conferring a personal advantage, as well as the official conferring the public
benefit.
Questions also included the timing of when the Oaks prohibitions are
applicable, and whether or not the prohibitions of the Oaks are constitutional
or not.
Considerable discussion ensued on the following but not limited to: Specifics
about those who serve on non-profit boards, and what is reasonable and
unreasonable language to capture those who actually receive compensation,
and not volunteers; more than one remedy for enforcement; the possibilit, '
keep track of conferred benefits at the time of submittal of a propc
guidelines to establish when a member of the public seeks a personal beneiic
(formal application, bid, etc.), land use variances, and how the city decides
if the benefit has more than a value of $25,000, the Oaks being a kickback
law, or a bribery law; opposed the "No" vote, as it is a non -issue; establish
separate prohibition timelines for the beginning of the benefit, and the
timeline after the benefit has been conferred; in favor of the kickback law
prohibitions; include a change in the guidelines Section 1 (d)(2) regarding
corporations, and officers of corporations be included; possibly
disenfranchising people from participating in the election process with the
put in vague look back guidelines with too much ambiguity.
On order of the Mayor, the information was received and file.
Staff reported that Chief Deputy City Attorney Terry White would be
responsible for the in-house enforcement section of the Oaks Initiative. The
firewall has been enacted, and the City Attorney has not heard about any
complaints at this point. Also, the adopted guidelines were provided to the
department heads.
SPECIAL JOINT On order of the Mayor, the City Council convened to a special j oint meet= -
MEETING with the Redevelopment Successor Agency, the Housing Authority am
14 June 14, 2016
Parking Authority at 10:11 p.m., with Councilmember O'Day absent.
REPORT ON MEETING Pursuant to State law, City Clerk Denise Anderson -Warren announced that
COMPENSATION Council will receive $50 in compensation for meeting as the Housing
Authority, $50 in compensation for meeting as the Parking Authority and
will receive no compensation for meeting as the Redevelopment Successor
Agency.
PUBLIC IIEARINGS: 9.A. Adoption of the Second Year of the Fiscal Year (FY) 2015-17
BUDGET Biennial Budget, Adoption of the First Year and Approval of the Second
Year of the FY 2016-18 Biennial Capital Improvement Program Budget
and Approval of FY 2015-1.6 Year -End Budget Changes, was presented.
Recommended Action
Staff recommends that the City Council, Housing Authority, Parking
Authority and Successor Agency to the Santa Monica Redevelopment
Agency:
1. Adopt Resolution No. 10968 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING THE SECOND YEAR (FISCAL YEAR 2016-17) OF
THE FISCAL YEAR 2015-17 BIENNIAL BUDGET AND
ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2016-17 AND APPROVING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2017-18.
2. Adopt Resolution No. 91 (HAS) entitled, "A RESOLUTION OF
THE HOUSING AUTHORITY OF THE CITY OF SANTA
MONICA ADOPTING THE SECOND YEAR (FISCAL YEAR
2016-17) OF THE FISCAL YEAR 2015-17 BIENNIAL BUDGET
AND ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2016-17 AND APPROVING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2017-18";
3. Adopt Resolution No. 256 (PAS) entitled, "A RESOLUTION OF
THE PARKING AUTHORITY OF THE CITY OF SANTA
MONICA ADOPTING THE SECOND YEAR (FISCAL YEAR
2016-17) OF THE FISCAL YEAR 2015-17 BIENNIAL BUDGET
AND ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2016-17 AND APPROVING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2017-18."; and
4. Approve certain changes to the FY 2015-16 Revised Budget, as
listed in Attachment E,
Staff also recommends that the City Council:
1. Adopt Resolution No. 1.0969 (CCS) entitled, "A RESOLUTION
15 June 14, 2016
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING PORTIONS OF THE CITY'S SCHEDULE i
VARIOUS PERMIT AND USER FEES AND CHARGES IN 'I._
PLANNING AND COMMUNITY DEVELOPMENT, PUBLIC
WORDS, FIRE, FINANCE, AND COMMUNITY AND
CULTURAL SERVICES DEPARTMENTS AND IN THE SANTA
MONICA PUBLIC LIBRARY, AND ESTABLISHING CERTAIN
PERMIT AND USER FEES AND CHARGES IN THE FIRE AND
COMMUNITY AND CULTURAL SERVICES DEPARTMENT
AND THE CITY MANAGER`S OFFICE";
2. Adopt Resolution No. 10970 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION
SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE
SANTA MONICA MUNICIPAL CODE, SETTING CIVIL
PENALTIES FOR PARKING VIOLATIONS AND FOR THE
LATE PAYMENT OF PENAL TIES, SETTING FINES FOR
POLICE AND FIRE DEPARTMENT RESPONSES TO
EXCESSIVE FALSE FIRE ALARMS, AND SETTING FINES FOR
THE SANTA MONICA PUBLIC LIBRARY";
3. Adopt Resolution No. 10971 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING RENTAL AND MEMBERSHIP RATES FOR
THE BREEZE BIDE SHARE SYSTEM";
4. Adopt Resolution No. 10972 (CCS) entitled, "A RESOLUT11
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR ADMINISTRATIVE ANALYST- YOUTH
& FAMILY SERVICES, AIRPORT MANAGER, AQUATICS
MAINTENANCE WORKER, CHIEF COMMUNICATIONS
OFFICER, CHIEF DATA OFFICER, CHIEF PERFORMANCE
OFFICER, CHIEF RESILIENCE OFFICER, CHIEF
SUSTAINABILITY OFFICER, COMMUNITY GARDEN
PROGRAM SPECIALIST, COMMUNITY RECREATION
ADMINISTRATOR, CUSTODIAL SERVICES
ADMINISTRATOR, HOUSING PROGRAM MANAGER, LCNG
TECHNICIAN, MOBILITY MANAGER, NEIGHBORHOOD
PRESERVATION COORDINATOR, ORGANIZATIONAL
DEVELOPMENT & TRAINING COORDINATOR, SCADA
SOFTWARE ANALYST, SENIOR ADMINISTRATIVE
ANALYST — LIBRARY SERVICES, SENIOR BUDGET
ANALYST, TRAFFIC PAINTER CREW LEADER, TRANSIT
ADVERTISING COORDINATOR, AND UNDERGROUND
UTILITY SAFETY COORDINATOR";
5. Adopt Resolution No. 10973 (CCS) entitled, "A RESOLUTI'" T
OF THE CITY COUNCIL OF THE CITY OF SANTA MON
16 June 14, 2016
ESTABLISHING THE GANN APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 2016-17";
6. Direct staff to set aside all funds received from repayment of former
Redevelopment Agency loans for affordable housing;
7. Approve the Proposed FY 2016-17 Human Services Grants Program
(HSGP), incorporating the proposed funding levels (Attachment M);
8. Approve the Proposed FY 2016-17 Organizational Support Program
(OSP) Grants for Arts and Culture Nonprofits, incorporating the
proposed funding levels (Attachment N);
9. Accept Federal Supportive housing Program (SHP) Renewal Grant
funds from the U.S. Department of Housing and Urban Development
(HUD) in the amount of $446,822 for the Serial Inebriate Program;
and
10. Authorize the City Manager to execute all necessary documents to
apply for and accept three grants totaling $3,610,000 from the
California Department of Transportation (Caltrans) Active
Transportation Program, including the commitment to expend
$902,500 for local match obligations and $937,500 for associated
project components ineligible for grant funding, and to include such
grant funds and local match obligations in the City's future fiscal year
budgets if awarded.
Members of the public Gary Gordon, John Mimms, Denise Barton, Carl
Hansen, Johnathan Foster, Shawn Landers, Richard Tahvildaran-Jesswein,
Todd Flora, Ruben Pacheo, Henry Guzman, Filberto Gonzales, Oscar de la
Torre, and Alex Aldana, spoke generally in favor of the recommended
action.
Councilmember McKeown recused himself, due to a possible conflict of
interest voting for the school district funding, because he does consulting
work for the district.
Couneilmeinber Mcl(eown
rI)crs excused at 10:55 p. in. Motion by Vice Chair/Chair/Mayor Pro Tem Winterer, seconded by
_Mayor/Chair Vazquez, to approve the Non -departmental general fiend part
of the budget that provides the annual contribution to the school district. The
motion was approved by the following vote:
AYES: Agency/Authority/Councilmembers Davis,
Himrnelrich, O'Connor,
Vice Chair/Chair/Mayor Pro Tem Winterer,
Mayor/Chair Vazquez
NOES: None
ABSENT: Agency/Authority/Councilmembers O'Day, McKeown
Motion by Vice Chair/Chair/Mayor Pro Tem Winterer, seconded
Councilmember• McKeown byAgency/Authority/Councilmember Himmelrich, to adopt Resolutions
17 June 14, 2016
returned at 10: 57 p.m. Nos. 10968(CCS), 91 (HAS), and 256 (PAS), reading by title only and
waiving further reading thereof, and to include the following amendmenj
A enc /Authorit /Councilmember McKeown proposed a friendly
amendment to allocate a contribution of $10,000 matching grant to the David
Finkel Justice fund, a scholarship fund at Santa Monica College. He also
suggested that some funding in the Council discretionary fund be left to
cover an Ellis Act study, which could be as much as $100,000. The
amendment was considered friendly to the maker and seconder of the
motion.
Agency/Authority/Councilmember Davis, proposed friendly amendments to
allocate $21,000 to the Business Improvement Districts, $25,000 to Grades
on Green, and $10,000 to the Westside Ballet. The amendments were
considered friendly to the maker and seconder of the motion.
Agent/Authority/Councilmember Davis, also proposed an amendment to
allocate $15,000 for Climate Action Santa Monica. The amendment was
considered friendly by the maker and seconder of the motion.
Agency/Authority/Councilmember McKeown, also proposed an amendment
to allocate $10,000 to Church in Ocean Park. The amendment was
considered friendly by the maker and seconder of the motion.
Mayor/Chair Vazquez, proposed a friendly amendment to designate a
time $50,000 match of new firnds raised to Pico Neighborhood Organization,
for a period to end December 2016. The motion was considered friendly to
the seconder. The motion and amendments were approved by the following
vote:
AYES: Agency/Authority/Councilmembers O'Connor, Himmelrich,
Davis, McKeown, Vice Chair/Chair/Mayor Pro Tem Winterer,
Mayor/Chair Vazquez
NOES: None
ABSENT: Agency/Authority/CoLrncihnember O'Day
Motion by Vice Chair/Chair/Mayor Pro Tem Winterer, seconded b
Agency/Authority/Councilmember Himmelrich, to approve certain changes
to the FY 2015-16 Revised Budget, as listed in Attachment E. The motion
was approved by the following vote:
AYES: Agency/Authority/Corrncilrnernbers O'Connor, Himmelfich,
Davis, McKeown, Vice Chair/Chair/Mayor Pro Tem Winterer,
Mayor/Chair Vazquez
NOES: None
ABSENT: Agency/Authority/Councilmember O'Day
18 June 14, 2016
ADJOURNMENT OF On order of the Mayor/Chair, the special joint meeting with the Housing
SPECIAL, JOINT Authority, the Parking Authority and the Redevelopment Successor Agency
MEETING was adjourned at 11:12 p.m. and the regular City Council meeting was
reconvened, with Councilmember O'Day absent.
Motion by Mayor Pro Tem Winterer, seconded by Councilmember
Himmelrich, to adopt the following Resolutions, reading by title only and
waiving further reading thereof,
1. Adopt Resolution No. 10969 (CCS) entitled, "A Resolution of the
City Council of the City of Santa Monica revising portions of the
City's schedule of various permit and user fees and charges in the
Planning and Community Development, Public Works, Fire,
Finance, and Community and Cultural Services Departments and in
the Santa Monica Public Library, and establishing certain permit and
user fees and charges in the Fire and Community and Cultural
Services Departments and the City Manager's Office" (Attachment
F);
2. Adopt Resolution No. 10970 (CCS) entitled, "A Resolution of the
City Council of the City of Santa Monica setting forth the
administrative citation schedule of fines for certain violations of the
Santa Monica Municipal Code, setting civil penalties for parking
violations and for the late payment of penalties, setting fines for
Police and Fire Department responses to excessive false fire alarms,
and setting fines for the Santa Monica Public Library (Attachment
H);
3. Adopt Resolution No. 10971 (CCS) entitled, "A Resolution of the
City Council of the City of Santa Monica establishing rental and
membership rates for the Breeze Bike Share System (Attachment I);
The motion was approve by the following vote:
AYES: Councilmernbers McKeown, Davis, I-limmelrich, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
Motion by Mavor Pro Tem Winterer. seconded by Councilmember
Himmelrich, to adopt Resolution No. 10972 (CCS) of the City of Santa
Monica establishing new classifications and adopting salary rates for various
listed positions (Attachment J) and approve the position and classification
changes (Attachment K). The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
19 June 14, 2016
Motion by Mayor Pro Tem Winterer seconded by Councilmemb-,
Himmelrich, to adopt Resolution No. 10973 (CCS) of the City of Sti
Monica establishing the Gator appropriations limit for FY 2016-17.
motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
Motion by Mayor Pro Tem Winterer, seconded by Councilmember
IIinunelrich, to direct staff to set aside all funds received from repayment of
former Redevelopment Agency loans for affordable housing, was
unanimously approved by voice vote, with Councilmember O'Day absent.
Motion b Ma or Pro Tem Winterer, , seconded by Councilmember
Himmelrich, to approve the Proposed FY 2016-17 Human Services Grants
Program (HSGP), incorporating the proposed funding levels; and, approve
the Proposed FY 2016-17 Organizational Support Program (OSP) Grants for
Arts and Culture Nonprofits, incorporating the proposed funding levels. The
motion was approved by the following vote:
AYES: Councilmembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
Motion by Mayor Pro Tern Winterer, seconded by Councilmember
Himmelrich, to accept Federal Supportive Housing Program (SHP) Renewal
Grant funds from the U.S. Department of Housing and Urban Development
(HUD) in the amount of $446,822 for the Serial Inebriate Program; and,
authorize the City Manager to execute all necessary documents to apply for
and accept three grants totaling $3,610,000 from the California Department
of Transportation (Caltrans) Active Transportation Program, including the
commitment to expend $902,500 for local match obligations and $937,500
for associated project components ineligible for grant funding, and to include
such grant funds and local match obligations in the City's future fiscal year
budgets if awarded. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
BOARDS/COMMISSIONS: 10.A. 2016 Boards and Commissions Report, was presented.
2016 REPORT
20 June 14, 2016
Recommended Action
Staff recommends that the City Council:
1. Review and comment on the 2016 Boards & Commissions Video
Report and the attached Written Reports comprised of projects that
were completed during the 2015 calendar year; and
2. Receive and file the 2016 Boards & Commission Report;
3. Direct staff to return with recommendations for consideration relative
to the format of future Boards and Commissions Reports.
There were no members of the public present to speak on this item.
Council provided connnents to include: the video was informative, but
wasn't as consensus building as in the past when the boards and commissions
wrote their own scripts, was not as entertaining as in the past, continue using
the video as a way to build community with some content control, reports
can be presented at Council meetings in written form, or maybe consider live
presentation for entertainment purposes at the dinner instead of a video.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, to receive and file the 2016 Boards and Commission report. The
motion was unanimously approved by voice vote, with Councilmember
O'Day absent.
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Arts
DISCUSSION ITEMS: Commission for a term ending on 06/30/2016, was presented.
ARTS COMMISSION
On order of the Mayor, and the Council, all Boards and Commission
appointments were continued to the August 9, 2016 meeting.
ARTS COMMISSION 13.B. Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on 06/30/2018, was continued to the August
9, 2016 meeting.
COMMISSION ON THE 13.C. Appointment to one unscheduled vacancy on the Commission on
STATUS OF WOMEN the Status of Women for a term ending on 06/30/2018, was continued to
the August 9, 2016 meeting.
ARCHITECTURAL 13.1). Recommendation to accept Lynn Robbs resignation from the
RE,VIEW BOARD Architectural Review Board and authorize the City Clerk to publish the
vacancy, was presented.
There were no members of the public present for this item.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to accept the resignation, with regrets. The motion was unanimously
approved by voice vote, with Councilmember O'Day absent.
21 June 14, 2016
CHURCH IN OCEAN 13.E. Request of Mayor Pro Tempore Winterer and Couucilmemli..
PARK Davis and Hirnmelrich that the Council allocate $10,000 to the Churcb.
in Ocean Parr, a 501(c)3, to continue the work of the Girl Central
program of the Santa Monica YWCA which is closing its doors ,Tune
30th. Starting July 1st the Church will create a new program called
Youth Creating Change which will serve the same young women and
girls who participated in the YWCA's program. The $10,000 will allow
the Church to hire one of the YWCA's staff members for three months
to provide continuity; subsequently the Church will seek to raise funds
from other sources to continue and expand Youth Creating Change
program, was presented.
This item was heard, and approved with Item 9-A the Adoption of the Second
Year of the Fiscal Year (FY) 2015-17 Budget.
PUBLIC INPUT: Members of the public Michael Toney, Denise Barton, Art Casillas, Gerry
Peck, Aaron Peaslee, Andrew DeBoer, Johnathan Foster, and DhLjn May
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:47
p.m. in memory of all the lives that were lost in the Orlando Massacre.
ATTEST:
Denise Anderson -Warren
City Clerk
22 June 14, 2016