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m20190212.pdf 1 February 12, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 12, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O’Day at 5:31 p.m., on Tuesday, February 12, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Greg Morena (arrived at 5:37 p.m.) Councilmember Ted Winterer Absent: Mayor Gleam Davis Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:31 p.m., with all members present except Councilmember Morena and Mayor Davis. Councilmember Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember Morena arrived at 5:37 p.m. Member of the public Denise Barton commented on closed sessions. On order of the Mayor Pro Tem, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 6:44 p.m., with Mayor Davis absent, to report the following: 1.A. 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 The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 2 February 12, 2019 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Hom v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 666985 The City Attorney advised this matter was a city car that collided with a bicycle resulting in damages. The city denies and disputes the claims. Following negotiations with opposing counsel the City Attorney’s Office recommends settlement in the amount of $22,500. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve Settlement No. 10807 (CCS), in the amount of $22,500. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day NOES: None ABSENT: Mayor Davis 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): State of California et al. v. Environmental Protection Agency et al., Case No. 18-1114, United States Court of Appeals for the District of Columbia The City Attorney advised this is an amicus brief. The city has been asked to file an amicus brief supporting the State of California’s challenge to a 2018 decision by the United States Environmental Protection Agency to withdraw greenhouse gas emission and fuel economy standards for light duty vehicles. Motion by Councilmember Winterer, seconded by Councilmember Morena, to join the amicus brief. The motion was unanimously approved by voice vote, with Mayor Davis absent. 1.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Arbabi v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. BC682462 The City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1 Case DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 3 February 12, 2019 The City Attorney advised this matter was heard with no reportable action taken. AGENDA MANAGEMENT On order of the Mayor Pro Tem, staff requested the removal of Item 3.I. from the Consent Calendar. Seeing no objection, Item 3.I. was removed by consensus of the Council. The Mayor Pro Tem requested that the Boards and Commission appointments be continued to the February 26th meeting, when there is a full Council present. Seeing no objection, the appointments were continued by consensus of the Council. SPECIAL AGENDA ITEMS: 2.A. Proclamation: Black History Month, was presented by the Mayor Pro Tem. REPORT ON COUNCIL TRAVEL Councilmember Winterer reported that he traveled to Santa Barbara to attend the Independent Cities Association Winter Conference on Public Safety where presentations were made regarding better Emergency Preparedness and Emergency response. 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 speak. At the request of Staff, Item 3.I. was pulled from the agenda. At the request of Councilmember Morena, Item 3.A. was removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the Consent Calendar except for Items 3.A. and 3.I., 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, Mayor Pro Tem O’Day NOES: None ABSENT: Mayor Davis BUS REPAIRS 3.B. Award Bid for Bus Differential Repairs, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4362 to Truck Gears, Inc. a California-based company, for the removal, repair, and rebuild of heavy-duty front, mid, and DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 4 February 12, 2019 rear axle differential systems for Big Blue Bus and the Fire Department; and 2. Authorize the City Manager to negotiate and execute Agreement No. 10804 (CCS) with Truck Gears, Inc., for repair and rebuild of axle and differential system components in an amount not to exceed $566,005 which includes a $51,455 contingency and a 4% annual cost escalator for a five-year period, with future year funding contingent on Council budget approval. BRAKE PARTS 3.C. First Modification to Agreement with American Moving Parts, LLC for the Purchase of Brake Parts and Service, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10508 (CCS) in the amount of $323,088 with American Moving Parts, LLC, a California- based company, for the purchase and delivery of brake parts and service for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $914,282, with future year funding contingent on Council budget approval. ANNUAL FINANCIAL REPORT 3.D. Transmission of the City's Comprehensive Annual Financial Report, was approved. Recommended Action Staff recommends that the City Council receive and file the City’s Comprehensive Annual Financial Report (CAFR), the independent auditors’ unmodified report for the City’s financial statements for the fiscal year ended June 30, 2018, and the Auditors’ Letters to Council. WELLBEING INDEX 3.E. Reinstatement and award modification to RAND Corporation for production of the third Wellbeing Index, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to reinstate, negotiate and execute a Seventh Modification to Agreement #9837 in the amount of $96,000 with RAND Corporation, a California- based company, for the development of the third iteration of the Wellbeing Index. This will result in an extension up through June 30, 2020, with a new total amount not to exceed $1,011,000. AFFORDABLE HOUSING 3.F. Affordable Housing Compliance Monitoring Software System, was approved. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 5 February 12, 2019 1. Award RFP #179 to Main Street Computing, a New York-based company, for the development of an Affordable Housing Compliance Monitoring software system and annual software maintenance and support; 2. Authorize the City Manager to negotiate and execute Agreement No. 10805 (CCS) with Main Street Computing in an amount not to exceed $94,950 for one year, with four additional one-year maintenance and support renewal options in the amount of $18,200 annually on the same terms and conditions, for a total amount not to exceed $167,750 over a five-year period, with future funding contingent on Council budget approval. WATER NEUTRALITY 3.G. Adoption of Resolution No. 11160 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INCREASING WATER NEUTRALITY FEES FOR NEW DEVELOPMENT”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution to apply a 2% escalation to staff rates, administrative fees and plumbing fixture installation costs associated with agreement #10496. The fee escalation will go into effect February 18, 2019. 2215 5TH STREET 3.H. Resolution No. 11161 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL NO. 77079 TO SUBDIVIDE A PROPERTY AT 2215 5th Street”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 77079 at 2215 5th Street. PARKING STRUCTURE 7 3.I. Authorize the City Manager to execute an agreement for the installation of a Fuel Cell Generator on the rooftop level of Parking Structure 7, was pulled at the request of staff. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a modification to the Agreement for Lease, Operation, and Maintenance of Parking Facilities executed July 28, 2010 with Macerich SMP LP for the installation of a Stationary Fuel Cell Power System on the rooftop parking level of Parking Structure 7, which is located on the southwest corner of Broadway and 4th Street. DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 6 February 12, 2019 PARKING DATA 3.J. Award RFP to Smarking, Inc. for Parking Data Analytics Management Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #182 to Smarking, Inc., a California based company, for the parking data management and analytics services for the Planning and Community Development Department; 2. Authorize the City Manager to negotiate and execute Agreement No. 10806 (CCS) with Smarking, Inc. in an amount not to exceed $1,219,000 (including a 10% contingency) for five years with future year funding contingent on Council MINUTES 3.K. Minutes of City Council - Regular Meeting - Oct 9, 2018 5:30 PM, were approved. MINUTES 3.L. Minutes of City Council - Regular Meeting - Oct 23, 2018 5:30 PM, were approved. TWILIGHT CONCERT SERIES Councilmember Morena excused at 7:03 p.m. 3.A. Twilight Concert Series 2018 Season Recap and Proposed Adjustments for 2019 Season, was approved. Recommended Action Staff recommends that the City Council: 1. Receive the following assessment of the reimagined 2018 ‘Twilight on the Pier’ concert series; and 2. Approve the Santa Monica Pier Corporation’s request for the 2019 concert series to include two concerts before Labor Day; and 3. Affirm the City’s financial support for the 2019 concert series of up to $400,000 for public safety and beach maintenance costs and a $200,000 grant to the Pier Corporation. Councilmember Morena recused himself to avoid the appearance of a possible conflict of interest because his family owns a restaurant on the Pier. Motion by Councilmember Himmelrich, seconded by Councilmember Winterer, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, McKeown, Winterer, Jara Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Morena, Mayor Davis DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 7 February 12, 2019 ORDINANCES: 11TH STREET HISTORIC DISTRICT Councilmember Morena returned at 7:04 p.m. 7.A. Second Reading and Adoption of Ordinance No. 2602 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9.56.320 TO THE SANTA MONICA MUNICIPAL CODE DESIGNATING THE 11TH STREET HISTORIC DISTRICT,” was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, 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 NOES: None ABSENT: Mayor Davis ZERO EMISSION VEHICLES Councilmember Himmelrich was excused at 7:06 p.m. 7.B. Introduction and first reading of an Ordinance to Amend the Definition of “Zero Emission Vehicles” in Santa Monica Municipal Code 3.16.120(c)(1) to Include Designated Clean Air Decals, was presented. Recommended Action Staff recommends that the City Council consider for introducing for first reading the attached ordinance amending Santa Monica Municipal Code 3.16.120 to exempt additional zero emission vehicles from parking meter payment requirements. Councilmember Himmelrich recused herself from this item due to a potential conflict of interest because she owns two cars that have these decals. There were no members of the public present to speak. Questions asked and answered of staff included, what is the status of the yellow decals, and any idea how much carbon we are not emitting by promoting this program. The City Attorney read into the record the new language for the ordinance: - A change to Section 1 of the ordinance, adding subsection(c)(3), which includes an additional exemption, which now reads: “A green CAV decal issued prior to 2019.” DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 8 February 12, 2019 Motion by Councilmember McKeown, seconded by Councilmember Morena, to introduce and hold first reading of the ordinance for Alternative 2 of the staff recommendation, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Morena, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis SPECIAL JOINT MEETING Councilmember Himmelrich returned at 7:24 p.m. On order of the Mayor Pro Tem, the City Council convened to a special joint meeting with the Housing Authority and Parking Authority at 7:24 p.m., with Mayor Davis absent. REPORT ON MEETING COMPENSATION Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive $50 for meeting as the Housing Authority and $50 for meeting as the Parking Authority. STAFF ADMINISTRATIVE ITEMS: MIDYEAR BUDGET 8.A. Approval of Fiscal Year 2018-19 Midyear Budget, was presented. Recommended Action Staff recommends that the City Council, Housing Authority and Parking Authority approve changes to the FY 2018-19 Revised Budget as detailed in Attachment A. Staff also recommends that the City Council adopt Resolution No. 11162 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR ADMINISTRATIVE INTERN I, ADMINISTRATIVE INTERN II, ASSISTANT DIRECTOR– PUBLIC WORKS, ASSISTANT POLICE CHIEF AS-NEEDED, CITY HEARING OFFICER I, CITY HEARING OFFICER II, DEPUTY FIRE CHIEF AS-NEEDED, PRINCIPAL PAYROLL AND FINANCIAL SYSTEMS ANALYST, SPECIAL PROJECTS ADMINISTRATOR – PCD”. Member of the public Denise Barton, spoke on the recommended action. Questions asked and answered of staff included: is the Breeze shared bike program down and is it running in the red; is there an increase in positions as part of the salary changes; is there a way that a system can be created to notify the city when batteries are out and when there is a loss of revenue in the meters, and is that done on a daily basis; and, is there a system to improve the performance of the systems to avoid the significant loss. DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 9 February 12, 2019 Motion by Authority/Councilmember Winterer, seconded by Authority/Councilmember McKeown, to approve changes to the FY 2018- 19 revised budget. The motion was approved by the following vote: AYES: Authority/Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Chair/Mayor Pro Tem O’Day NOES: None ABSENT: Chair/Mayor Davis Motion by Councilmember Winterer, seconded by Councilmember McKeown, to adopt a resolution establishing new classifications and adopting salary rates. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Mayor Davis ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Chair/Mayor Pro Tem the special joint meeting with the Housing Authority and Parking Authority adjourned at 7:36 p.m., and the regular meeting of the City Council reconvened with all members present, except Mayor Davis. RESOLUTIONS: CONGESTION MANAGEMENT PROGRAM 11.A. Proposed Resolution No. 11163 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM”, was presented. Recommended Action Staff recommends that the City Council adopt the attached resolution to opt-out of the Los Angeles County Congestion Management Program. Member of the public Denise Barton, spoke on the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day NOES: None ABSENT: Mayor Davis COUNCILMEMBER DISCUSSION ITEMS: BUILDING & FIRE - LIFE SAFETY COMMISSION 13.A. Appointment to one unscheduled vacancy on the Building & Fire - Life Safety Commission for a term ending June 30, 2021, was continued to the February 26th meeting. DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE 10 February 12, 2019 COMMISSION ON THE STATUS OF WOMEN 13.B. Appointment to one unscheduled vacancy on the Commission on the Status of Women for a term ending on 6/30/2021, was continued to the February 26th meeting. AUDIT SUBCOMMITTEE 13.C. Appointment to one unscheduled vacancy on the Audit Subcommittee for a term ending on 6/30/2021, was continued to the February 26th meeting. PERSONNEL BOARD 13.D. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on 6/30/2022, was continued to the February 26th meeting. JOHN MUIR PTA 13.E. Request of Mayor Davis and Councilmembers Jara and Winterer that the City Council allocate $7000 of discretionary funds to the John Muir PTA to enable low income 5th graders to attend a three day science camp, in accordance with the City's strategic priority of an Engaged and Thriving Community. John Muir Elementary is a Title I school and the PTA is a 501(c)3, was presented. Member of the public Sylvia Mendoza-Johnson, spoke generally in favor of the recommended action. Motion by Councilmember Jara, seconded by Councilmember Morena, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Mayor Davis PUBLIC INPUT: Members of the public Denise Barton and Tom Johnson commented on various local issues. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 7:55 p.m. in memory of Lavar Harper and Michael Ditchkofsky. ATTEST: APPROVED: Denise Anderson-Warren Terry O’Day City Clerk Mayor Pro Tempore DocuSign Envelope ID: A8A16D84-28BB-4E22-9A99-0410E24D0DAE