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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