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m20190611.pdf 1 June 11, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 11, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on Tuesday, June 11, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Ted Winterer Absent: Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich (arrived at 5:35 p.m.) Councilmember Greg Morena (arrived at 6:15 p.m.) Also Present: City Manager Rick Cole City Attorney Lane Dilg Assistant City Clerk Nikima Newsome CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:34 p.m., with all members present except Mayor Pro Tem O’Day, Councilmember Morena and Councilmember Himmelrich. Assistant City Manager Katie Lichtig led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember Himmelrich arrived at 5:35 p.m. Councilmember Morena arrived at 6:15 p.m. Member of the public Denise Barton commented on closed session items. On order of the Mayor, the City Council recessed at 5:39 p.m., to consider closed session items and returned at 7:04 p.m., with Mayor Pro Tem O’Day absent, to report the following: 1.A. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR and Human Resources Manager Shawn Weiske, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE) The City Attorney advised this matter was not heard. 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804, DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 2 June 11, 2019 California Court of Appeal, Second Appellate District, No. B295935 The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Morales v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 624887. The City Attorney reported the individual alleges they suffered an injury after falling on the Big Blue Bus. The City disputes and denies liability but the City Attorney recommends a settlement in the amount of $30,000. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve settlement Agreement No. 10862 (CCS) in the amount of $30,000 by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day 1.D. Conference with Legal Counsel – Anticipated Litigation -- Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): land use litigation claims:  1323 5th Street, Administrative Approval (“AA”) Application# 18ENT-0283, Vesting Tentative Tract Map (“VTTM”) #82575 with Application #s 19PWMISC-0016, 19ENT-0089  1338 5th Street, AA Application# 19ENT-0041, VTTM #82579 with Application #s 19PWMISC-0019, 19ENT-0087  1415 5th Street, AA Application# 19ENT-0042, VTTM #82580 with Application #s 19PWMISC-0020, 19ENT-0086  1437 5th Street, AA Application# 19ENT-0039, VTTM #82578 with Application #s 19PWMISC-0018, 19ENT-0084  1437 6th Street, AA Application# 19ENT-0040, VTTM #82577 with Application #s 19PWMISC-0017, 19ENT-0088  1557 7th Street, AA Application# 19ENT-0206, VTTM #82576 with Application #s 19PWMISC-0021, 19ENT-0090 The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 3 June 11, 2019 1.E. Conference with Legal Counsel - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) - 1 case The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report: Pride Month, was presented. 2.B. Proclamation declaring June 2019 as Pride Month in the City of Santa Monica, was presented by the Mayor. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton, John P. Jewell (time donated by Necia Jensen), Zina Joseph, Olga Zurawska (time donated by Judy Casey), and Michael Louis (time donated by Eric Phillips) commented on various Consent Calendar items. At the request of Councilmember Himmelrich and Councilmember Morena, Items 3-A and 3-F were removed from the Consent Calendar. Motion by Councilmember Winterer, seconded by Councilmember Morena, to approve the Consent Calendar except for Items 3-A and 3-F, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, and Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day ANIMAL SHELTER 3.B. Bequest to the Santa Monica Animal Shelter, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt Resolution No. 11176 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE CHARITABLE REMAINDER OF THE MARTIN CHARITABLE TRUST”; 2. Authorize the City Manager to execute all necessary documents to accept funds from the trust; and DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 4 June 11, 2019 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. WISE & HEALTHY AGING 3.C. Approval of Lease Agreement with WISE & Healthy Aging for the use of the Ken Edwards Center, located at 1527 Fourth Street, Santa Monica, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Lease No. 10853 (CCS) with WISE & Healthy Aging (WISE) for the Ken Edwards Center located at 1527 4th Street for continued provision of comprehensive services to older adults in Santa Monica for a term of five years for $1/year with three five-year options to renew with no escalation. ROOFING SERVICES 3.D. Award Agreement for Citywide Roofing Contractor Services, was approved. Recommended Action Staff recommends that City Council: 1. Award Bid #4377 to Best Contracting Services, Inc., Danny Letner Inc., dba Letner Roofing and Maverick Roofing, Inc., all California- based companies, for roofing contractor services for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Agreement No. 10854 (CCS) with Best Contracting Services, Inc. in an amount not to exceed $150,000 for two years, with one additional three-year renewal option in the amount of $225,000, on the same terms and conditions, for a total amount not to exceed $375,000 over a five-year period, with future year funding contingent on Council budget approval; 3. Authorize the City Manager to negotiate and execute Agreement No. 10855 (CCS) with Letner Roofing, Inc., in an amount not to exceed $200,000 for two years, with one additional three-year renewal option in the amount of $380,650, including a 15% increase for year three and a 10% increase for years four and five, for a total amount not to exceed $580,650 over a five-year period, with future year funding contingent on Council budget approval; 4. Authorize the City Manager to negotiate and execute Agreement No. 10856 (CCS) with Maverick Roofing, Inc., in an amount not to exceed $110,000 for two years, with one additional three-year renewal option in the amount of $165,000, on the same terms and conditions, for a total amount not to exceed $275,000 over a five-year period, with future year funding contingent on Council budget approval. DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 5 June 11, 2019 RADIO SITE 3.E. Approval of Big Blue Bus (BBB) lease extension with Bearcomm for Hollywood Hills Radio Site, was approved. Recommended Action Staff recommends that City Council authorize the City Manager to negotiate and execute Agreement No. 10857 (CCS) in the amount of $181,000 with Bear Communications, Inc., a California corporation, for extension of an antenna site lease. The change would result in a 20-year amended agreement with a total contract amount not to exceed $507,000, with future year funding contingent on Council budget approval. MINUTES 3.G. Minutes for the City Council - Special Meeting - April 30, 2019 6:00 PM, were approved. SAMOSHEL 3.A. Approval of agreement with The People Concern for improvements to SAMOSHEL Emergency Homeless Shelter, was presented. Recommended Action Authorize the City Manager to negotiate and execute Agreement No. 10852 (CCS) with The People Concern (TPC, formerly known as OPCC), in an amount not to exceed $669,000 (includes a $61,000 contingency) for improvements to the SAMOSHEL emergency homeless shelter. Councilmember Himmelrich advised that she pulled this item to ask staff why The People Concern is doing the renovations instead of the City. Questions asked and answered of staff included: why the renovations are being performed by The People Concern when this is a City-owned property; why wasn’t the lowest bid considered; did the Office of Civil Rights close the case without taking any action; why is St. John’s Health Center involved; where is the City in creating an anonymous complaint system; would the release of sewer gas be governed by OSHA; and, has the City’s ethics hotline been made available to members of the public. Motion by Councilmember Morena, seconded by Councilmember Himmelrich, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, and Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day HOUSING FUNDS 3.F. Adoption of SB2 Housing Grant Resolution No. 11177 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 6 June 11, 2019 SANTA MONICA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR SB 2 PLANNING GRANT PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $310,000 AND AUTHORIZING THE CITY MANAGER TO TAKE IMPLEMENTING ACTIONS TO OBTAIN SUCH ADDITIONAL GRANT FUNDS”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt attached Resolution No. 11177 (CCS) authorizing the application for grant funds in the amount of $310,000 from the State of California Department of Housing and Community Development 2. Authorize the City Manager to execute all necessary documents to apply for the grant, and if awarded, accept and administer the grant, including any renewals. 3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event that the grant is awarded. Councilmember Morena advised that he pulled this item to address process and how this will work going forward in the future. Questions asked and answered of staff included will the City be able to complete a project with SB2 funds while remaining consistent with the City’s affordability and tenant non-displacement values; inclusionary requirements as a barrier; re-evaluation of the Downtown Community Plan; when would we see the final results of the grant if the funds are accepted; and, what are the number of units in the pipeline in the Downtown area and can they expect to be completed in the next two years. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to adopt the resolution, reading resolution by title only and waiving further reading thereof, with direction to staff to not utilize the grant funds for the Downtown Community Plan standard. Substitute motion by Councilmember Winterer, seconded by Councilmember Morena, to accept the grant as proposed by staff and re- evaluate Downtown Community Plan standards at a later time; only authorizing the application for grant funds in the amount of $310,000 as stipulated in the resolution at this time and considering the execution and budget changes at another time. The motion was approved by the following vote: DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 7 June 11, 2019 AYES: Councilmembers Morena, Winterer, Jara, Mayor Davis NOES: Councilmembers Himmelrich, McKeown ABSENT: Mayor Pro Tem O’Day ORDINANCES: SUSTAINABILITY 7.A. Introduction and first reading of an ordinance creating Article 12 of the Santa Monica Municipal Code titled "Sustainability" to integrate new ordinances related to sustainability and protecting the rights of natural environments, was presented. Recommended Action Staff recommends that the City Council: 1. Introduce for first reading the attached ordinance creating Article 12 of the Santa Monica Municipal Code titled “Sustainability” (Attachment A) related to sustainability and protecting the rights of natural environments, moving Santa Monica Municipal Code Chapter 4.75 to Article 12, and repealing Santa Monica Code Chapters 5.16, 5.28, 5.36, and 7.08. 2. Consider the Task Force on the Environment’s request that Council direct staff to evaluate the feasibility of developing and implementing a process for staff to determine the consistency of proposed projects, policies, and ordinances that meet a certain threshold with the City’s Sustainability Rights ordinance and the staff recommendation against initiating such a study at this time. Questions asked and answered of staff included who directed staff to suspend reporting; was there discussion of incorporating existing ordinance under the auspices of the new Sustainability chapter in the Municipal Code; does the Office of Sustainability think that this method of incorporating into the metrics is really as effective as the Task Force on the Environment and the original ordinance contemplated which was a biennial report to make sure the City is consistent regarding sustainability; why does the staff recommendation not endorse the Task Force on the Environment’s recommendation; what are the middle ground points that the City Manager and the Task Force on the Environment can agree upon; what is an acceptable timeline for implementing such an ordinance; when would the first biennial report be available; is there a way to implement this in a way to ensure future Councils and staff are equally committed to sustainability; if this ordinance is a process tool; and, are we able to pose a consistency standard at this time. Members of the public Denise Barton, Laura Johnson, Dr. Mark Gold, Ruthann Shanley, Jerry Rubin, and Cris Gutierrez, spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to: workflow; timeline; capacity; composition of the Task Force on the DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 8 June 11, 2019 Environment; and, inclusion. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to consider the Task Force on the Environment’s request that Council direct staff to evaluate the feasibility of developing and implementing a process for staff to determine the consistency of proposed projects, policies, and ordinances that meet a certain threshold with the City’s Sustainability Rights ordinance and the staff recommendation against initiating such a study at this time. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day STAFF ADMINISTRATIVE ITEMS: PARKLET PROGRAM 8.A. Review and update Parklets Pilot Program, was presented. Recommended Action Staff recommends that the City Council: 1. Review and discuss the Main Street Parklet Pilot Program, and consider closing out the City-funded Parklet component; 2. Review and provide direction to staff regarding partial revision and extension of the Parklet Pilot Program to other locations throughout the city; 3. Authorize the City Manager to negotiate and execute an extension of the existing operator Agreement No. 10858 (CCS) with Holy Guacamole, LLC (dba Holy Guacamole) and Agreement No. 10859 (CCS) with One Red, LLC (dba Ashland Hill) until June 30, 2020; and 4. Authorize the City Manager to negotiate and execute operator Agreement No. 10860 (CCS) with Jamesons SM, LLC (dba Jamesons), the new owners of the restaurant formerly known as Finn MCCool’s, to operate and maintain the parklet located adjacent to Jamesons until June 30, 2020. DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 9 June 11, 2019 Members of the public Anthony Schmit and Hunter Hall spoke generally in favor of the recommended action. Questions asked and answered of staff included: cost of parklets; types of criteria; how service would work; amount of seating space for restaurants; the ability to serve beverages to customers while they wait for restaurant seating; and, parking and safety concerns. Considerable discussion ensued on topics including, but not limited to: size of parklets; privatization; hours of operation; option for businesses to opt-out of having parklets outside their locations; and, incentivizing businesses to engage in the program. Motion by Councilmember Winterer, seconded by Councilmember Morena, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day CITY YARDS 8.B. First Modification to Guaranteed Maximum Price Contract with Hathaway Dinwiddie Construction Company and Award RFP to Twining Consulting for Deputy and Material Testing Inspection Services for City Yards Modernization Project, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a Guaranteed Maximum Price (GMP) first amendment to Design-Build Contract No. 10371(CCS) in the amount of $37,000,000 with Hathaway Dinwiddie Construction Company, a California-based company, for construction services for laying underground foundations and site utility work for the City Yards Modernization – Package A Project for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $47,000,000; 2. Award RFP#SP2396 to Twining Consulting, a California-based company, to provide deputy and material testing inspection services for the City Yards Modernization for the Public Works Department; 3. Authorize the City Manager to negotiate and execute Agreement No. 10861 (CCS) with Twining Consulting in an amount not to exceed $888,216 (including a 20% contingency) over a four-year period; 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 10 June 11, 2019 5. Adoption of Resolution No. 11178 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY OF SANTA MONICA, A RELATED PARTY OR OTHER AFFILIATE, AND APPROVING CERTAIN RELATED ACTIONS.” Member of the public Denise Barton spoke generally in opposition to the recommended action. Questions asked and answered of staff included: will all services be fully operational during construction and in case of any construction stoppage, where fire training and recycling facility would be located; how priorities in construction were decided; health and safety concerns with the landfill; and, costs and staffing capacity concerns. Motion by Councilmember Winterer, seconded by Councilmember Morena, to adopt the staff recommendation was approved by the following vote: AYES: Councilmember Morena, Himmelrich, McKeown, Winterer, Jara, and Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day Motion by Councilmember Jara, seconded by Councilmember Himmelrich, to adopt the resolution, reading resolution by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmember Jara, Winterer, McKeown, Himmelrich, Morena, and Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day PUBLIC INPUT: Members of the public Dorothea Orgo, Lee Wasserwald, Denise Barton, Adam Holt, Laura Ceballos, Zak Alvarez, and David Gomez commented on various local issues. DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB 11 June 11, 2019 ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:48 p.m. in memory of retired Santa Monica Fire Chief Thomas Tolman, anthropologist, archaeologist, historian of science, educator and Santa Monica resident Jacob Gruber, and retired Samohi teacher and track and field coach Patrick Cady. ATTEST: A P P R O V E D : Nikima S. Newsome Gleam Davis Assistant City Clerk Mayor DocuSign Envelope ID: 0292C6F5-F499-471B-B1F5-1C8C424945BB