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m20191112.pdf 1 November 12, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 12, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30 p.m., on Tuesday, November 12, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Greg Morena (arrived at 5:32 p.m.) Councilmember Ted Winterer Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE Councilmember Morena arrived at 5:32 p.m. On order of the Mayor, the City Council convened at 5:30 p.m., with all members present except Councilmember Morena. City Manager Rick Cole 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 5:32 p.m., to consider closed sessions and returned at 6:54 p.m., with all members present, to report the following: 1.A. Conference with Real Property Negotiator: Government Code Section 54956.8 Property: 1328 Second Street, Santa Monica, California City Negotiator: Andy Agle, Director of Housing and Economic Development, and Barbara Collins, Housing M g r . Under Negotiation: Interest in Real Property, including terms of disposition Parties: Step Up on Second, LP, and Step Up on Second S treet, Inc. The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 2 November 12, 2019 Councilmember Himmelrich was excused at 6:40 p.m. Councilmember Himmelrich returned at 6:49 p.m. Councilmember Morena was excused at 5:33 p.m. Councilmember Morena returned at 6:01 p.m. 1.B. Conference with Legal Counsel – Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Homeaway.com, Inc. v. City of Santa Monica, Central District of California, Case No. 16-cv-06641-ODW(AFM); Airbnb, Inc. v. City of Santa Monica, Central District of California, Case No. 16-cv- 06645-ODW(AFM); Homeaway.com, Inc. & Airbnb, Inc. v. City of Santa Monica, Ninth Circuit Court of Appeals, Case Nos. 18-55367, 18- 55805, 18-55806. 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): Labowitz et al. v. Bird Rides, Inc., et al., U.S. District Court CV 18-9329-MWF The City Attorney advised this matter was not heard. 1.D. Conference with real property negotiator (Govt. Code Section 54956.8): Property: 380 Santa Monica Pier, Santa Monica, California City negotiators: Andy Agle, Housing and Economic Development Director; and Jason Harris, Economic Development Manager Negotiating party: SMP Park Holdings, LLC, subtenant of EPR Parks, LLC, doing business as Pacific Park. Under negotiation: Lease terms The City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with real property negotiator Property: 1855 Main Street, Santa Monica, California City negotiator: Andy Agle, Director of Housing and Economic Development & Jason Harris, Economic Development Manager Owner of Record: City of Santa Monica Under negotiation: RFP Outcome The City Attorney advised this matter was not heard. 1.F. Conference with real property negotiator Property: 380 Santa Monica Pier, Santa Monica, California City negotiator: Andy Agle, Director of Housing and Economic Development & Jason Harris, Economic Development Manager Owner of Record: City of Santa Monica Under negotiation: Lease Modification The City Attorney advised this item was a duplicate of Item 1.D. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 3 November 12, 2019 1.G. Conference with Legal Counsel – Anticipated Litigation – Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): land use litigation claim: 1443 18th Street, Administrative Approval (“AA”) Application # 18ENT-0077 The City Attorney advised this dispute arose after the City erroneously issued an Administrative Approval for a housing project on the parcel located at 1443 18th Street, which was designated as Low-Density Housing under the LUCE but zoned MUBL pursuant to the Zoning Ordinance. The final settlement agreement includes a reduced-density project with 11 units (2 2-bdrm and 8 studios) and modifications related to massing, setbacks, architectural design and landscaping to improve neighborhood compatibility. The agreement also includes payment by the developer of all applicable City impact fees, including the City’s affordable housing fee, as well as an agreement for one “price-restricted unit,” for which the tenant will have no more than 180% AMI and the initial rent will be set at market rates but annual adjustments during the term of a tenancy will be limited to CPI adjustments. The agreement also includes restrictions on use of the units for corporate housing or lodging and a provision confirming that any future project will be subject to the applicable development standards for the parcel in effect at the time. The City Attorney’s Office recommended the Council approve the settlement agreement. Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to approve Settlement Agreement No. 10976 (CCS) with payment and terms. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 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. Member of the public Denise Barton commented on various Consent Calendar items. At the request of Councilmember Himmelrich, Item 3.I was removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember Morena, to approve the Consent Calendar except for Item 3.I., reading DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 4 November 12, 2019 resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None STREETLIGHTING ASSESSMENT DISTRICT 3.A. Adoption of Resolution No. 11213 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, CONFIRMING THE VOTES IN FAVOR OF FORMATION OF A STREETLIGHT ASSESSMENT DISTRICT ON 9TH STREET BETWEEN MARGUERITA AVENUE AND ALTA AVENUE, FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE INSTALLATION OF STREET LIGHTING”, was adopted. Recommended Action Staff recommends that the City Council: 1. Accept the attached certified results as tabulated by the City Clerk for the proposed streetlight assessment district on 9th Street between Marguerita Avenue and Alta Avenue, in conformance with Proposition 218, authorized by State law under the Municipal Improvement Act of 1911; 2. Approve the formation of an assessment district based upon the results of the election, in conformance with Proposition 218; and 3. Adopt the resolution to assess property owners for the costs of streetlight improvements, and issue payment plans for unpaid assessments in conformance with Proposition 218. FIRE DEPARTMENT TRAINING 3.B. Award Request for Proposal and enter into Agreement No. 10967 (CCS) with Advanced Problem Solving, LLC for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG) Training Delivery Model, was approved. Staff recommends that the City Council: 1. Award RFP# 210 to Advanced Problem Solving, LLC a California- based company for video and curriculum development services for the Los Angeles Area Fire Chiefs Regional Training Group (LAAFCA RTG); 2. Authorize the City Manager to negotiate and execute an agreement with Advanced Problem Solving, LLC, in an amount not to exceed $1,800,000 for three years, with two-additional one-year renewal options in the amount of $1,200,000, on the same terms and conditions for a total amount not to exceed $3,000,000 over a five- year period, with future year funding contingent on Council budget DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 5 November 12, 2019 approval and contingent upon the Fire Department securing the associated grant funding. VEHICLE COMPONENTS AND SERVICES 3.C. Authorization to award Bid to Byron Woodley Tire, Inc. for Passenger and Light-Duty Vehicle Tires and Tubes, and Emergency Roadside Assistance Services, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue purchase orders with Byron Woodley Tire, Inc., a California-based company, for the purchase and delivery of various passenger and light-duty vehicle tires and tubes, and emergency roadside assistance services for the Public Works and Big Blue Bus departments. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c), and is for a total amount not to exceed $260,000 over two years, until November 27, 2021, with future year funding contingent on Council budget approval. SAFE ROUTES TO SCHOOL 3.D. Award Contract and enter into Agreement No. 10968 (CCS) with Stantec Consulting Services, Inc. for Design Services for Safe Routes to School (SRTS) Pedestrian Improvements at Six Schools Project, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Stantec Consulting Services, Inc., a Canada-based company, to provide transportation planning and engineering design services in an amount not to exceed $470,000 for the Safe Routes to School (SRTS) Pedestrian Improvements at Six Schools Project. ON-CALL SERVICES 3.E. Re-establish Shortlist of Pre-Qualified Consultants and Award Contract Nos. 10969 (CCS) through 10973 (CCS) for On-Call Transportation Planning and Engineering Design Services, was approved. Recommended Action Staff recommends that the City Council: 1. Re-establish the pre-qualified list for transportation planning and engineering design services as part of RFQs #183 and #233 to consist of Toole Design Group, LLC (a Georgia-based company); Fehr & Peers (a California-based company); KOA Corporation (a California-based company); Stantec Consulting Services, Inc. (a Canada-based company); Michael Baker International (a Pennsylvania-based company); and Alta Planning + Design (a California-based company) for locally funded projects. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 6 November 12, 2019 2. Authorize the City Manager to negotiate and execute Agreement Nos. 10969 (CCS) through 10973 (CCS) with Toole Design Group, LLC; Fehr & Peers; KOA Corporation; Stantec Consulting Services, Inc.; and Michael Baker International in amounts not to exceed $1,000,000 each over a five-year period. These are as- needed agreements and funding would be identified for associated projects and tasks. BUS ADVERTISING 3.F. Award Request for Proposal and enter into Agreement No. 10974 (CCS) with Vector Media to Sell and Display Advertising on Big Blue Bus and Culver City Buses, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 229 to Vector Media, a New York based company, for sales, administration and the installation and maintenance of advertising on Big Blue Bus and City of Culver City buses; 2. Authorize the City Manager to negotiate and execute an agreement with Vector Media for two years, with three one-year renewal options, with a guaranteed minimum of $3 million dollars revenue in year one, and $3.125 million in year two. RENEWABLE FUEL 3.G. Authorization to award Purchase Orders with California Fuels and Lubricants for the Purchase and Delivery of Renewable Diesel Fuel, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue purchase orders with AAA Oil, Inc., dba California Fuels and Lubricants, a California-based company, for the purchase and delivery of renewable diesel fuel. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b), as competitive bidding has already occurred, and is for a total amount not to exceed $1,043,570 over a three-and-a-half-year period, with future year funding contingent on Council budget approval. REAL ESTATE ADVISORY SERVICES 3.H. Modifications to Professional Services Agreements for Real Estate and Economic Advisory Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute: 1. A third modification to Professional Services Agreement # 9539 (CCS) with Keyser Marston Associates to increase the compensation by $200,000 and to extend the term by five additional one-year options for services related to the Fourth Street and DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 7 November 12, 2019 Arizona project, Bergamot Station Arts Center project, and affordable housing projects. The proposed modification would result in a 14-year amended agreement with a new total not to exceed $480,000, with future-year funding contingent on Council budget approval; and, 2. A fourth modification to Professional Services Agreement # 9543 (CCS) with Allan D. Kotin & Associates to increase compensation by $40,000 and to extend the term by three additional one-year options for services related to the Santa Monica Pier, Beach, and Civic Auditorium. The proposed modification would result in an 11-year amended agreement with a new total not to exceed $340,000, with future-year funding contingent on Council budget approval; and, 3. A reimbursement Agreement No. 10975 (CCS) with SM Park Holdings, LLC, doing business as Pacific Park, or designee, related to the City’s expenses in evaluating proposed changes to the subtenant’s interest on the Pier. WATER TREATMENT MAINTENANCE SUPPLIES 3.J. Authorization of Change Order to Purchase Order with Harrington Industrial Plastics for Water Treatment Maintenance Supplies, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a change order to purchase order #22000823 in the amount of $100,000 with Harrington Industrial Plastics, a California-based company, for the purchase of water treatment maintenance supplies for the Public Works Department. This would result in a revised total not to exceed $340,000. RECYCLABLE MATERIALS PROCESSING 3.K. Authorization of third Contract Modification with Southern California Disposal for Recyclable Materials Processing, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a third modification to contractual services agreement #9011 (CCS) in the amount of $360,000 with Southern California Disposal Company, a California-based company, for recyclable materials transferring services for the Public Works Department. This will result in a 17- year amended agreement with a new total amount not to exceed $37,260,000, with future year funding contingent on Council budget approval. 2. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 8 November 12, 2019 FINANCIAL FEASIBILITY ANALYSIS 3.I. Senate Bill 2 Budget Grant Authorization and First Modification of Agreement for Financial Feasibility Analysis, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $310,000 from the California Department of Housing and Community Development (HCD) SB2 Building Homes and Jobs Act for housing production related planning studies and implementation activities, and to accept all grant renewals. 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts and Budget Action section of this report. 4. Authorize the City Manager to negotiate and execute a first modification to agreement #10830 (CCS) in the amount of $179,000 with HR&A Advisors, Inc, a California based company, for expanded financial feasibility analysis and physical modeling of potential changes to development standards and project requirements. This will result in an amended agreement with a new total amount not to exceed $329,000, with future year funding contingent on Council budget approval. Councilmember Himmelrich pulled this item to ask staff to describe their plans for the public engagement platform, how they planned to provide robust public outreach, and how long do they envision this process will take. Questions were also asked and answered about methodology and timing of the grant, and how the city plans to reach the affordable housing goals. Motion by Councilmember Himmelrich, seconded by Councilmember Jara, to approve the recommended action, with the understanding that staff will be attuned to Prop R and all of the other things in developing the numbers. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None ORDINANCES: ZONING 7.A. Second Reading and Adoption of Ordinance No. 2624 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO DEVELOPMENT STANDARDS IN THE R1 (SINGLE-UNIT RESIDENTIAL) DISTRICT”, was presented. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 9 November 12, 2019 Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember McKeown, seconded by Councilmember Morena, to adopt 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 Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None THIRD STREET PROMENADE 7.B. Introduction and Adoption of an Urgency Interim Zoning Ordinance No. 2625 (CCS) entitled “AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING URGENCY INTERIM ORDINANCE NUMBERS 2594 (CCS) AND 2600 (CCS) CREATING USE CLASSIFICATIONS FOR RESTAURANT, FAST FOOD AND RESTAURANT, LIMITED-SERVICE AND TAKE-OUT FOR THE BC (THIRD STREET PROMENADE) DISTRICT AND PROHIBITING RESTAURANT, FAST FOOD IN ESTABLISHMENTS WITH FRONTAGE ON THE THIRD STREET PROMENADE”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an urgency Interim Zoning Ordinance extending Urgency Interim Zoning Ordinances 2594 (CCS) and 2600 (CCS) prohibiting fast food restaurants on the Third Street Promenade. Member of the public Jerry Rubin spoke to the recommended action. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to introduce and adopt the ordinance on first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None HISTORIC RESOURCES 7.C. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2626 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING EMERGENCY INTERIM DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 10 November 12, 2019 ZONING ORDINANCE NUMBERS 2592 AND 2599 (CCS) REVISING THE DEMOLITION PERMIT REVIEW PROCESS RELATING TO THE PRESERVATION OF HISTORIC RESOURCES”, was presented. Recommended Action Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance extending interim regulations for the demolition permit review process relating to the preservation of historic resources (Attachment A). There were no members of the public present. Motion by Councilmember Winterer, seconded by Councilmember Morena, to introduce and adopt the ordinance on first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None SHARED MOBILITY PILOT PROGRAM 7.D. Introduction and First Reading of an Ordinance to extend the term of the Shared Mobility Pilot Program, was presented with Item 8.A. Recommended Action Staff recommends that the City Council introduce for first reading the proposed ordinance, amending Section 3.21.090 of the Santa Monica Municipal Code to extend the term of the Shared Mobility Device Pilot Program from December 30, 2019 to May 17, 2020. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to introduce for first reading the ordinance on first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None STAFF ADMINISTRATIVE ITEMS: SHARED MOBILITY 8.A. Review and Comment of the Santa Monica Shared Micro- mobility Pilot Program Evaluation and Next Steps, was presented with Item 7.D. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 11 November 12, 2019 PILOT PROGRAM Recommended Action Staff recommends that the City Council review and comment on the Shared Mobility Pilot Program and options for next steps, and direct staff to proceed with a second pilot program with intensified structure that facilitates greater customer reliability and affordability, and more effectively achieves safety and public outcomes, in an effort to encourage broader use of active transportation and public transit, and ultimately long- term mode shift. Questions asked and answered of staff included: elaborate on the data sharing conflict in the City of Los Angeles and why we don’t have those problems here, and are our requirements different; why are there only 25 percent of the devices available at any time, wouldn’t the companies want to have more out there during peak time; how has the geofencing been working in other areas of the city; is there any understanding of the impact of the cost that the additional regulations will have on the system; how would the funds received through fees be used going forward; what is the cost to cancel the Breeze bike contract if the decision was made earlier than next year; are the numbers accurate that there is a .08% drop off rate in the designated drop locations; is the city looking at requiring scooters to be returned in locked locations and what is the downside to that; would limiting the number of operators reduce the amount of work for staff and if so, how does that work; how much does the city subsidize transportation management; how much is understood about the viability of the operating companies; is there a CapEx improvement plan in the system; is there any evidence that an increase in price has decreased corporate ridership; are there any incentives that can be given to encourage ridership in certain areas in the city; what is the speed limit on the scooters; was there any survey on whether accidents happen above a certain speed; are there any devices that have adaptability for accessibility; is there a way to actively prevent devices from blocking the walkway on the street; is it correct that the breeze bikes are beginning to suffer from equipment breakdown; if the public bike system was reimagined, has there been any thought as to how that could be subsidized either through sponsorship or take the dollars from someplace else; how many drop zones are there in the streets; and, how may yearly riders are using the Breeze bike system. Members of the public Denise Barton, Jerry Rubin, Kalani Whittington, Nancy Coleman, Tim Alborg (time donated by Jason Islas), Catherine Lerer, Elizabeth Lerer, Richard T. Jesswein, Laurene Von Klan, Kent Strumpell, Tim Harter (time donated by Morgan Roth), Cynthia Rose, and Karla Owunwanna spoke to the recommended action. Considerable discussion ensued on topics including, but not limited to: should look at a different pilot program model that allows greater flexibility; regulations should be strengthened (equity in price and DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 12 November 12, 2019 deployment, safety on the streets and roads, reliability of the devices, a required marking on each device in order to report violations) encourage fewer operators, have a more progressive penalty structure, look for ways to re-imagine the Breeze bike program or another public transportation option, possibly with a private-partnership; emphasize sustainable options for the devices, not allow surge-pricing; all operators should be required to show maps of the city with bike lanes; require apps that only allow modes of transportation that don’t include cars; have some sort of terms to avoid an abrupt withdrawal from the market; important to improve after-ride parking (consider lock parking, docking stations, etc.); have a data driven process and get the drop zones off the sidewalk and place them in the street; provide education and create incentives for riders to have a better understanding of the regulations; concerned about the city’s liability, so do whatever is necessary to reduce the city’s liability, specifically safety on the streets (tether to a lesser speed); create a way to keep track of the complaints filed with the operator; all chargers should be solar; the number of operators should be tied to the cost to run the program (the program fees and regulations should pay for the cost to the city); as part of the equity, go into all of the neighborhoods and provide lessons, as well as with visitors; need to balance tethering devices and not limit the flexibility of using them; when reimagining the program, consider new technologies out there; consider local preference for vendors; and, maybe when re-imaging Breeze consider marketing to a certain demographic. Motion by Councilmember Winterer, seconded by Councilmember Jara, to direct staff to proceed with a second pilot program with intensified structure that facilitates greater customer reliability and affordability, and more effectively achieves safety and public outcomes. Specifically, regarding sidewalk riding and safety, the deployment of these vehicles so that they do not disrupt the sidewalks and other parts of the public right-of- way for pedestrians and people with disabilities. The other priority would be equity and return with a new reimagined Pilot 2.0. This also includes potentially reducing the number of operators and reimagining the Breeze bikes. Councilmember Morena proposed a friendly amendment to add on the fees structure that it be divided up between fees and CapEx. The motion was not accepted by the maker to be included but clarified. Mayor ProTem O’Day proposed a friendly motion to expand and add more drop off locations in the streets. The motion was considered friendly by the maker and seconder. Mayor Davis clarified that even though the number of operators may decrease that doesn’t mean there will be a decrease in the number of devices. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 13 November 12, 2019 The City Attorney requested some flexibility and to think about the device numbers going up and down based on incentives that the Council requested. The motion with amendments was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None ZERO WASTE PLAN 8.B. Adoption of Zero Waste Plan Update and Strategic Direction for Recycling Services, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt the 2019 Zero Waste Plan Update. 2. Receive staff analysis of curbside recyclable materials processing options and provide direction. 3. Receive staff analysis of community recycling options and provide direction. Member of the public Armond Abramian, spoke generally in favor of the recommended action. Questions asked and answered of staff included: are there recycling bins in all commercial and multi-unit buildings; is there any change that during the request for proposals (RFP) vendors could get extra points for zero emission vehicles; what would enforcement look like; is the city planning on adding a compose bin to increase the amount of organics; if there is an increase in people, does that mean there will also be an increase in waste; are there any incentives for people to want to separate out their organics; why haven’t the bins been deployed out to commercial properties; do we have to wait until 2021 to create and enforce a comprehensive zero waste ordinance; why is the term zero waste being used when it’s not actually zero waste; is the right metric being used on this plan; what happened between now and July that the 40,000 sq. ft. space is no longer available at the city yards space; when the RFP is released, can Santa Monica add requirements that are important to the city; does the engine need to run on the waste truck while it recycles; if the offsite option is chosen, how will the transfer happen; how much does it cost to transfer waste; how were the 600 plus residents that were given compost bins chosen; how would an investigation of rodents be combatted; how is technology used to be more efficient when picking up waste; how do we deal with the sticky plastics; if our waste is reduced, does that decrease the employee cost as well; and, how does a resident file a complaint. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 14 November 12, 2019 Considerable discussion ensued on topics including, but not limited to: there may be impact litigation opportunities in this category in the Consumer litigation division, and it would be helpful to look at it as part of this plan; tap into local resources at the high schools and college to see what types of resources or inventions they have created; and consider the opportunity to use the street closure at Frederick as a potential for space. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommended action, with direction to staff to work with State Senator Ben Allen on extended producer responsibility and see what we can help happen in the State of California. Councilmember Winterer, proposed a friendly amendment to offer extra points in the RFP if they have low emission vehicles. The motion was considered friendly by the maker. Mayor Pro Tem O’Day proposed a friendly amendment to add staff direction to work with advocacy organizations working at the state level in addition to our direct representative offices. The amendment was considered friendly to the maker and seconder. For the City Attorney’s Office, to consider potential impact litigation opportunities in this category in the Consumer litigation division, as it would be helpful to look at it as part of this plan. Mayor Pro Tem O’Day proposed direction for education and outreach, for staff to work on engaging community-based organizations to get this work done. The motion was considered friendly by the maker and seconder. Mayor Pro Tem O’Day provided direction to have the communications team look at how this is being marketing and making sure to get good data. The motion to approve the recommended action, with direction to staff was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None REPORT ON MEETING COMPENSATION Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive $50 compensation for meeting as the Housing Authority, $50 compensation for meeting as the Parking Authority, and no compensation for meeting as the Redevelopment Successor Agency and the Public Financing Authority. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 15 November 12, 2019 SPECIAL JOINT MEETING On order of the Mayor, the City Council convened to a special joint meeting with the Housing Authority, Parking Authority, Redevelopment Successor Agency and Public Financing Authority at 11:53 p.m., with all members present. MINUTES 8.C. Approval of minutes for Housing Authority, Redevelopment Successor Agency and Public Financing Authority meetings, were presented. Recommended Action Staff recommends that the: 1. Housing Authority approve the minutes of the November 27, 2018 and June 25, 2019 meetings; 2. Redevelopment Successor Agency approve the minutes of the November 27, 2018 and February 26, 2019 meetings; and 3. Public Financing Authority approve the minutes of the November 27, 2018 meeting. There were no members of the public present. Motion by Commissioner/Authority Member McKeown, seconded by Commissioner/Authority Member Himmelrich, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Commissioners/Authority/Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara Vice Chair/Chair Pro Tem O’Day, Chair Davis NOES: None ABSENT: None YEAR-END BUDGET 8.D. FY 2018-19 Year-End Budget Changes; and FY 2019-20 Budget, Position and Compensation Changes, was presented. Recommended Action Staff recommends that the City Council, Housing Authority and Parking Authority: 1. Approve changes to the FY 2018-19 Revised Budget as detailed in Attachment A; 2. Approve changes to the FY 2019-20 Adopted Budget and FY 2020- 21 Budget Plan as detailed in Attachment B. Staff also recommends that the City Council: 1. Review the City’s year-end financial status; 2. Approve proposed measures to mitigate new financial challenges, including a one-year suspension of the Expenditure Control Program and a new capital program strategy; DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 16 November 12, 2019 3. Adopt Resolution No. 11214 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR ASSISTANT DIRECTOR OF HUMAN RESOURCES, CITY ENGINEER, CHIEF OPERATIONS OFFICER-AIRPORT DIRECTOR, COMMUNITY JUSTICE LEGAL FELLOW, HISTORIC PRESERVATION OFFICER, LATENT FINGERPRINT EXAMINER, AND LEGAL OPERATIONS COORDINATOR”; and 4. Adopt Resolution No. 11215 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE SANTA MONICA POLICE DEPARTMENT TO PROVIDE TRANSIT SECURITY AND LAW ENFORCEMENT SERVICES TO THE BIG BLUE BUS FOR A 19-MONTH PILOT PROGRAM”. Member of the public Denise Barton spoke on the recommended action. Questions asked and answered of staff included the Judicial Fellow and if all of the computer replacement budget has been moved to each department. Motion by Commission/Authority/Councilmember McKeown, seconded by Commission/Authority/Councilmember Winterer, to approve changes t o the FY 2018-19 Revised Budget. The motion was approved by the following vote: AYES: Commissioners/Authority/Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor/Chair Pro Tem O’Day, Mayor/Chair Davis NOES: None ABSENT: None Motion by Commission/Authority/Councilmember Himmelrich, seconded by Commission/Authority/Councilmember Jara, to approve changes to the FY 2019-20 Adopted Budget and FY 2020-21 Budget Plan. The motion was approved by the following vote: AYES: Commissioners/Authority/Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor/Chair Pro Tem O’Day, Mayor/Chair Davis NOES: None ABSENT: None DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 17 November 12, 2019 Motion by Councilmember Winterer, seconded by Councilmember McKeown, to approve proposed measures to mitigate new financial challenges, including a one-year suspension of the Expenditure Control Program and a new capital program strategy. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Tem O’Day, Mayor Davis NOES: None ABSENT: None Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to adopt a resolution establishing new classifications and salary rates. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, MayorDavis NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember Jara, to adopt a resolution supporting the Santa Monica Police Department to provide transit security and law enforcement services to the Big Blue Bus for a 19-month pilot program. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Chair/Mayor, the special joint meeting with the Housing Authority, Parking Authority, Redevelopment Successor Agency and Public Financing Authority was adjourned at 12:24 a.m., and the regular meeting of the City Council was reconvened, with all members present. COUNCILMEMBER DISCUSSION ITEMS: ZONING 13.A. Request of Councilmembers McKeown and Winterer that the Council direct staff to begin the appropriate text amendment process to modify our new R-1 parcel coverage zoning ordinance, Municipal Code section 9.07.030, so as to allow for remodel/additions of all existing homes a parcel coverage of no more than 55%, defined as the sum of ground floor parcel coverage and second story parcel coverage, with existing limitations on sub-standard lots, was presented. There were no members of the public present. DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8 18 November 12, 2019 Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to adopt the staff recommendation. The motion was unanimously approved by voice vote, with all members present. PUBLIC INPUT: Members of the public Denise Barton, Jennifer Ribeiro, and Korie Schmidt commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:33 a.m. ATTEST: A P P R O V E D : Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: 8D97C42D-8794-4B70-8849-6BD243F39BC8