m20171114.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 14, 2017
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:30 p.m., on
Tuesday, November 14, 2017, at City Council Chambers, 1685 Main Street.
Roll Call: Present:
Absent:
Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Terry O'Day
Councilmember Tony Vazquez
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with all
members present except Councilmembers McKeown and
O'Connor. Deputy City Attorney Yibin Shen led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
closed sessions and returned at 6:53 p.m., with Councilmembers McKeown
and O'Connor absent, to report the following:
I.A. Conference with Labor Negotiator. City Labor Negotiator:
Donna Peter, Director of Human Resources
Barganining Unit: The International Association of Sheet Metal, Air,
Rail and Transportation Workers - Transportation Division Local
1785 (SMART -TD)
The City Attorney advised this matter was heard with no reportable action
taken.
LB. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Shahriary v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 619 889
November 14, 2017
The City Attorney advised this matter was not heard.
I.C. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Airbnb, Inc. and Homeaway.com, Inc. v. City of
Santa Monica, United States District Court, Central District of
California, Western Division, Case Nos. 16-ev-6645, 16-cv-6641
The City Attorney advised this matter was heard with no reportable action
taken.
1.D. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Kate Scott and James Babinski v. City Council
of the City of Santa Monica, U.S. District Court, Central District of
California, Case No. 17-7329
The City Attorney advised this matter was not heard.
I.E. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Barry Rosen v. United States of America, U.S.
District Court, Central District of California, Case No. 17-7727
The City Attorney advised this matter was heard with no reportable action
taken.
I.F. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): NBAA et al. v. Michael Huerta and Federal
Aviation Administration, United States Court of Appeals, District of
Columbia Circuit, Case No. 17-1054
The City Attorney advised this matter was heard with no reportable action
taken.
I.G. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Allen v. City of Santa Monica, et al., United
States District Court, Central District of California, Case No. 11-CV-
10139-R-GJS
The City Attorney advised this was a litigation against the City based on an
alleged excessive force case, and recommended a settlement in the amount
of $175,000.
2 November 14, 2017
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve Settlement Agreement No. 10578 (CCS) in the amount of
$175,000. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O'Connor, McKeown
I.H. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Walker v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 631460
The City Attorney advised this matter was a Fair Employment and Housing
claim alleging hostile work environment and retaliation while working at
the Big Blue Bus, and recommended a settlement in the amount of $95,000.
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to
approve Settlement Agreement No. 10579 (CCS) in the amount of $95,000.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown, O'Connor
I.I. Conference with Legal Counsel — Anticipated Litigation —
Request to enter into a lawsuit as amicus curiae, pursuant to § 54956.9:
State of California v. Jefferson B. Sessions, et al., United States District
Court, Northern District of California, Case No. 17-cv-4701-WHO
The City Attorney advised that the City has been asked to join this Amicus
Brief, and requested authorization to review the brief and exercise
discretion regarding whether to join.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
authorize the City of Santa Monica to join this lawsuit as amicus brief. The
motion was approved by voice vote by all members, except
Councilmembers O'Connor and McKeown.
I.J. Conference with Legal Counsel — Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2) —1 case: 522-528 21st Street
The City Attorney advised this matter was heard with no reportable action
taken.
November 14, 2017
AGENDA On order of the Mayor, he requested that the Boards and Commission
MANAGEMENT appointments be moved to the next meeting when there is a full Council.
Motion by Councilmember Himmelrich, seconded by Councilmember
O'Day, to move the appointments. The motion was approved by voice
vote, with Councilmembers McKeown and O'Connor absent.
On order of the Mayor, it was suggested because Councilmember O'Day
needed to recuse himself from Item 8.A., that Item 9.A. be heard prior to
Item 8.A.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Davis, to hear Item 9.A. before Item 8.A. The motion was approved by
voice vote, with Councilmembers O'Connor and McKeown absent.
SPECIAL AGENDA 2.A. Proclamation Designating November 11-19, 2017 as National
ITEMS: Hunger and Homelessness Awareness Week, was presented.
2.13. City Manager's Report: Presentation by the Office of
Sustainability and the Environment and Southern California Edison
on the City's West Side Energy Partnership, was presented.
REPORT ON COUNCIL Mayor Winterer reported that he traveled to Bonn, Germany to attend the
TRAVEL 23`d U.N. Conference on Climate Change, where countries met to discuss
measurable steps to reduce carbon in the atmosphere, greenhouse gases,
shared information with other countries, states, and municipalities.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Ken Ward commented on various Consent Calendar
items.
At the request of Mayor Winterer, Item 3-C was removed from the Consent
Calendar.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve the Consent Calendar except for Item 3-C, reading resolutions by
title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
November 14, 2017
MINUTES 3.A. Minutes of the Regular and Special Joint Meeting - Oct 24, 2017
5:30 PM, were approved.
WASTEWATER 3.B. Award Contract for Wastewater / Soil Sample Laboratory
ANALYSIS SERVICES Analysis Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4286 to Week Laboratories, Inc., a California-based
company, for wastewater and soil laboratory analysis services;
2. Authorize the City Manager to negotiate and execute Contract No.
10574 (CCS) with Week Laboratories, Inc., in an amount not to
exceed $600,000 over a five-year period, with future year funding
contingent on Council budget approval.
WEST SIDE ENERGY 3.D. Adopt Resolution No. 11088 (CCS) entitled "A RESOLUTION
PARTNERSHIP OF THE CITY OF SANTA MONICA DECLARING SUPPORT FOR AN
ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA
EDISON COMPANY AND SOUTHERN CALIFORNIA GAS
COMPANY TO BE KNOWN AS
"WEST SIDE ENERGY PARTNERSHIP", was approved.
Recommended Action
Staff recommends that the City Council adopt the attached resolution to
join the West Side Energy Partnership.
CITY SERVICES 3.E. Award Contract for Deputy Inspection and Testing Services for
BUILDING the City Services Building Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# SP2250 to United -Heider Inspection Group, a
California-based company, for deputy inspection and material
testing services for the City Services Building Construction Project.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10576 (CCS) with United -Heider Inspection Group for a total
amount not to exceed $278,480 (including a 20% contingency) with
future year funding contingent on Council budget approval.
LINCOLN 3.F. Award a Professional Services Agreement for Final Design of
NEIGHBORHOOD Lincoln Neighborhood Corridor Streetscape Project (LiNC), was
CORRIDOR approved.
STREETSCAPE
PROJECT Recommended Action
Staff recommends that the City Council:
1. Award RFP# 2331 to Kimley-Horn and Associates, a California-
based company, to provide engineering design services, including
November 14, 2017
the preparation of construction contract documents, for the Lincoln
Neighborhood Corridor Streetscape Project (LiNC);
2. Authorize the City Manager to negotiate and execute Agreement
No. 10577 (CCS) with Kimley-Horn and Associates, in an amount
not to exceed $582,472 (including a 10% contingency) over a three-
year period.
CITY COUNCIL 3.G. Cancellation of Regular City Council Meeting Scheduled for
MEETING December 26, 2017, and Scheduling a Special Meeting for December 5,
2017, was approved.
Recommended Action
Staff recommends that the City Council vote to:
1) Cancel the Regular Meeting scheduled for December 26, 2017, due
to a lack of quorum, and
2) Schedule a Special Meeting for December 5, 2017.
BIKE SHARE SYSTEMS 3.C. Memorandum of Understanding with the cities of West
Hollywood and Beverly Hills and the University of California Los
Angeles to integrate the agencies' bike share systems into one sub -
regional system, was approved.
Recommended Action
Authorize the City Manager to execute five year Memorandum of
Understanding (MOU) No. 10575 (CCS), with options to extend, with the
cities of Beverly Hills and West Hollywood, and the University of
California Los Angeles, to integrate the agencies' compatible bike share
systems into a seamless sub -regional bike share network.
Pulled by Mayor Winterer to have questions answered about why this is a
good suggestion, and an explanation of the revenue share program being
suggested.
Questions asked and answered of staff included: the subsidy to lower
income families, and if the revenue reduction could negatively impact that
program; and, are all of the other cities using the same types of bikes, and
has there been any outreach to Culver City to join.
Motion by Mayor Winterer, seconded by Councilmember O'Day, to
approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor, McKeown
November 14, 2017
ORDINANCES: 7.A. Introduction for First Reading of Ordinances Extending the
TAXICAB FRANCHISES Taxicab Franchises of Bell Cab, Independent Taxi Owners'
Association, Metro Cab, Taxi! Taxi! and Yellow Cab; Adopt
Resolution Setting Taxicab Driver Permit Fees; and Extend the Driver
Permit Expiration Date, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinances 1) extending the franchises of Bell Cab, Independent
Taxi Owners' Association, Metro Cab, Taxi! Taxi!, and Yellow Cab for
one year until the effective date of Assembly Bill 1069, and 2) extending
the City Taxi Cab Driver permits until the end of 2018; and 3) adopting
Resolution No. 11089 (CCS) entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA REDUCING TAXICAB
DRIVER PERMIT FEES."
Members of the public Marco Soto and Daniel Klein spoke generally in
opposition to the recommended action.
Questions asked and answered of staff included: how does this differ from
other cities around us in reducing their fees; is it going to take a year to
give a complete analysis; what fees are being charged to the drivers versus
amounts to the companies; why did the change in the state law cause the
city to not reduce the franchise fees; has the taxi cab business done
anything to be more competitive with some of the other companies out
there; what is the complaints received about the local cab companies; and,
if we reduce the fees now, is there any reason that the Council could not
come back and increase the fees.
Considerable discussion ensued on topics including, but not limited to,
reducing the overall fees like other communities to give the companies and
drivers a better opportunity to survive.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve the staff recommendation, with the change that the Annual
Franchise Fee per Vehicle be reduced from $1,100 to $702.
Deputy City Attorney Shen read the change into the resolution, in case the
Council decides to vote on the motion. "Section 1 of the Fee Resolution,
right under Section, added per vehicle Franchise Fee, and then the second
line would be annual franchise fee per full-time vehicle and the Taxicab
fleet, and the dollar amount would be $702."
Mayor Winterer proposed a friendly amendment to remove the $250
Business License Tax per Vehicle, or reduce the Annual Franchise Fee per
vehicle.
November 14, 2017
Mayor Pro Tem Davis, modified the original motion to reducing the annual
franchise fee per vehicle to $452. The modification was considered
friendly by the seconder.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
adopt Resolution No. 11089 (CCS) setting reduced taxicab driver permit
fees, with the modification to reduce the annual franchise fee per vehicle
from $1,100 to $452, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to
introduce and hold first reading of the Bell Cab ordinance reading by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
introduce and hold first reading of the Independent Taxi Owner's
Association (ITOA) ordinance reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
introduce and hold first reading of the Metro Cab ordinance reading by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
November 14, 2017
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
introduce and hold first reading of the Taxi! Taxi! Ordinance reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
introduce and hold first reading of the Yellow Cab ordinance reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
Motion by Mayor Winterer, seconded by Councilmember Himmelrich , to
introduce and hold first reading of the Taxi Cab Driver Permit ordinance
reading by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
PUBLIC HEARINGS: 9.A. Public Hearing and Adoption of Resolution No. 11091 (CCS)
REVENUE BONDS entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE ISSUANCE OF THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY
HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF
FINANCING OR REFINANCING THE ACQUISITION,
REHABILITATION, IMPROVEMENT AND EQUIPPING OF STEP UP
ON SECOND APARTMENTS AND CERTAIN OTHER MATTERS
RELATING THERETO," was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity
Fiscal Responsibility Act ("TEFRA") and the Internal Revenue
Code of 1986, as amended;
2. Receive public comment; and
November 14, 2017
3. Adopt a resolution approving the issuance of the Bonds by the
California Municipal Finance Authority (CMFA) for the benefit of
Step Up On Second Preservation, L.P. (Attachment A).
Members of the public Denise Barton, Tod Lipka, and Brian Hutchings,
spoke on the recommended action.
Motion by Councilmember Himmelrich, seconded by Councihnember
Vazquez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Couneilmembers Vazquez, Himmehich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Couneilmembers O'Connor, McKeown
STAFF 8.A. Electric Vehicle Action Plan, was presented.
ADMINISTRATIVE
ITEMS: Recommended Action
ELECTRIC VEHICLE Staff recommends that City Council:
ACTION PLAN 1. Review the Electric Vehicle Action Plan.
2. Approve Resolution No. 11090 (CCS) entitled "A
Councilmember O'Day RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
was excused at 8:21 p. m. SANTA MONICA APPROVING THE ELECTRIC VEHICLE
ACTION PLAN"
3. Approve, in concept, charging a cost recovery fee for Electric
Vehicle charging so that staff can proceed with analysis, internal
coordination and community engagement.
Councilmember O'Day recused himself from this item to avoid any
perceived conflict of interest, because he works in the electric vehicle
charging industry.
Members of the public Amanda Myers, Daniel Jansenson, Paul Scott (time
donated by Jerry Rubin), Derrell Clarke, Gina Goodhill, Rick Sikes, Paul
Rosenstein, Kelly Richard Olsen, Judy Abdo, William Clairborn, Berta
Finkelstein, and Johnathan Foster spoke generally in favor of the
recommended action.
Members of the public Denise Barton spoke in opposition to the
recommended action.
Questions asked and answered of staff included: is much being done to work
with residents who have older vehicles; which Planning Commission and
Task Force on the Environment recommendations are not part of the plan
recommended to Council; has the city thought of ways to incentivize single
family neighborhoods, having programs that would allow others to utilize
10 November 14, 2017
homeowners charging stations (driveways, curbsides, etc.); what can be done
to encourage older building owners to allow installing an EV charger; what
is the cost for a portable solar panel charging station; given our current
stance, would the city be able to pass a law setting a deadline to sale
combustible gasoline; is there any legal prohibition on running an electrical
cord where it doesn't cause a hazard; why is there limited access to public
charging stations; is the idea of using Smart chargers as a tool for cost
recovery; shouldn't there be an effort to prioritize installing the fast chargers
in the high rental areas; does it make sense to buy all Smart charges, instead
of maximizing our capital and buying a large number of regular chargers,
which would mean the city could install more charges citywide; shouldn't
the framework include charging other e -mobility options, and not all the
focus be on vehicles; and, why are city vehicles being left all day charging
in the lots.
Considerable discussion ensued on topics including, but not limited to: why
it makes sense to have Smart chargers, so if people run over their time, the
Smart chargers could notify them when their charge is full, and other benefits
for purchasing Smart chargers.
Motion by Councilmember Himmelrich, seconded by ayor Pro Tem Davis,
to adopt resolution adopting the Electric Vehicle Action Plan to aim for 15%
of single -occupancy vehicles to be electric by 2025, reading by title only and
waiving further reading thereof.
Mayor Winterer proposed a friendly amendment to suggest on Page 19 in the
EV Action Plan, strike EV drivers and change it to "the city aims to support
the electrification of mobility options for residents, visitors, and the City
Fleet, with a sophisticated network of multi -mobile public and private
chargers.
Page 40 — change language to develop guidelines to a range of mobility
options.
The motion was considered friendly to the maker and seconder.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Himmehich,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O'Connor, O'Day, McKeown
Motion by Mayor Winterer, seconded by Councilmember Vazquez to
approve, in concept, charging a cost recovery fee for Electric Vehicle
charging so that staff can proceed with analysis, internal coordination and
community engagement. The motion was approved by the following vote:
11 November 14, 2017
AYES: Councilmembers Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O'Day, McKeown, O'Connor
Motion by Mayor Pro Tem Davis, seconded by Mayor Winterer, to give
direction to staff to explore the possibility to pass an ordinance similar to the
one passed in West Hollywood that would give people who live in Rent
Control units an opportunity to install electric chargers. The motion was
approved by voice vote, with Councilmembers O'Connor, O'Day, and
McKeown absent.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Davis,
to give direction to staff to seek to maximize the hours in which any charger
in a public space is available. The motion was approved by voice vote, with
Councilmembers McKeown, O'Day, and O'Connor absent.
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to give
direction to staff to put the implementation of this plan in the purview of the
Task Force on the Environment. The motion was approved by voice vote,
with Councilmembers O'Connor, O'Day, and McKeown absent.
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Social Services
DISCUSSION ITEMS: Commission for a term ending 6/30/2021, was continued to the
SOCIAL SERVICES November 28, 2017 meeting.
COMMISSION
AIRPORT COMMISSION 13.13. Appointment to one unscheduled vacancy on the Airport
Commission for a term ending 6/30/2018, was continued to the
November 28, 2017 meeting.
PUBLIC INPUT: Members of the public Olga Strathearn, Art Casillas, Denise Barton, and
Johnathan Foster commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:34
p.m.
ATTEST:
Denise Anderson -Warren
City Clerk
APPROVED:
r<l_c�/-
Ted Winterer
Mayor
12 November 14, 2017