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m20191217.pdf 1 December 17, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 17, 2019 A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 4:35 p.m., on Tuesday, December 17, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Terry O’Day Councilmember Gleam Davis Councilmember Sue Himmelrich (arrived at 4:43 p.m.) Councilmember Greg Morena Councilmember Ted Winterer Absent: Councilmember Ana M. Jara Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE Councilmember Himmelrich arrived at 4:43 p.m. On order of the Mayor, the City Council convened at 4:35 p.m., with all members present except Councilmembers Jara and Himmelrich. Deputy City Manager Anuj Gupta led the assemblage in the Pledge of Allegiance. AGENDA MANAGEMENT The Mayor announced that staff has requested Item 7.A. be postponed to a future meeting. There being no objection, Item 7.A. was pulled from the agenda with a consensus of the Council, with Councilmember Jara absent. CLOSED SESSIONS Members of the public Micah Michalski (time donated by Tarsha Davis), Erskins Robinson (time donated by Eric Dixon), Margarita Verduzco (time donated by Mauricio Quesada), Ramon Barba, and Oscar de la Torre commented on closed sessions. On order of the Mayor, the City Council recessed at 4:53 p.m., to consider closed sessions and returned at 8:07 p.m., with Councilmember Jara absent, to report the following: 1.A. Public Employee Evaluation: Title: City Manager The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 2 December 17, 2019 1.B. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR, Human Resources Manager Shawn Weiske, and Outside Counsel Laura Kalty, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE). The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Real Property Negotiator (Government Code Section 54956.8) -- Property: 1328 Second Street, Santa Monica, California; City Negotiators: Andy Agle, Director of Housing and Economic Development, and Barbara Collins, Housing Manager; Under Negotiation: Interest in Real Property, including loan terms; Parties: Step Up on Second, LP, and Step Up on Second Street, Inc. The City Attorney reported out the deed trust settlement. The City Council agreed to subordinate the City’s existing deeds of trust in the affordable housing project known as Step Up On Second Street, located at 1328 Second Street. The City’s deeds of trust issued city loans in the amount of $1,331,252 and $2,314,674 respectively, and will be subordinated to the deed of trust secured by Wilmington Trust, a national banking association, to secure bond proceeds in the amount of $9,000,000 pursuant to a new loan agreement. The proceeds will facilitate among other things the rehabilitation of the property at 1328 Second Street. In consideration for the City’s subordination of its deeds of trust, the non-profit entities constituting Step-Up have agreed to extend the term of the City’s existing regulatory agreement for 55 years, subordinate all other debt to the City’s debt, deposit additional operational cash flow d into a reserve account for the benefit of the property and implement specified rehabilitation of the property. 1.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Mark Smith, et al. v. City of Santa Monica, FAA Docket No. 16-16-02. The City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Shu Chang v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 702558. The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 3 December 17, 2019 1.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Alfonso Lara v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 693323. The City Attorney advised this matter was heard with no reportable action taken. 1.G. Conference with Legal Counsel – Potential Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (d)(4) – 1 Case The City Attorney advised this matter was heard with no reportable action taken. 1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jerry Vergara v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 684705. The City Attorney advised this matter was heard with no reportable action taken. AGENDA MANAGEMENT On order of the Mayor, Item 7.A. was postponed to a later date. All of the Board and Commission appointments were postponed until there is a full Council. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report: Economic Sustainability Strategy (Santa Monica 2050), was presented. 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. There was no one present for public comment on the consent calendar. At the request of Councilmember Morena, Item 3.B. was removed from the Consent Calendar. Motion by Councilmember Winterer, seconded by Councilmember Davis, to approve the Consent Calendar except for Item 3.B., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: Councilmember Jara DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 4 December 17, 2019 WATER PROJECTS 3.A. Award Request for Proposal and enter into Agreement with Walsh Construction Co. II, LLC for Design-Builder Services for the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #SP2602 to Walsh Construction Company II, LLC, an Illinois- based company, for design-build services for the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project; 2. Authorize the City Manager to negotiate and execute design-build services Agreement No. 10981 (CCS) with Walsh Construction Company II, LLC in an amount not to exceed $5,063,001 to provide design services for the Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project, including engineering, permitting, preparation of construction documents, and submittal of a guaranteed maximum price for construction services; 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and 4. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. FIRE STATION 3.C. Fire Station No. 1 Design Contract Modification for Additional Construction Administration Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an eighth modification to agreement #9660 (CCS) in the amount of $300,000 with Rob Wellington Quigley, FAIA, a California-based company, for additional construction administration services on the City Fire Station No. 1 project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $2,125,219. SIDEWALK REPAIR 3.D. Award Bid and enter into a Construction Contract with Caliba Inc. for City Sidewalk Repair Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2573 to Caliba Inc., a California-based company, to provide construction services for Citywide Sidewalk Repair Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Contract No. 10982 (CCS) with Caliba Inc., in an amount not to exceed $1,352,450 (including a 10% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 5 December 17, 2019 SEISMIC RETROFIT 3.E. Approval of First Modification to Contract #10637 (CCS) with JAS Pacific, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10637 (CCS) in the amount of $300,000 with JAS Pacific Corporation, a California-based company, for seismic retrofit plan review services for the Planning and Community Development Department. This will result in a three-year amended agreement with a new total amount not to exceed $425,000, with future year funding contingent on Council budget approval. JONATHAN CLUB 3.F. Approval of Jonathan Club Lease Extension, was approved and adopted. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute an Amended and Restated Permit for Improvements and Lease Option Agreement No. 10983 (CCS) with the Jonathan Club, a California non-profit corporation, to extend the lease on the following terms: (i) a 10 year extension, with two options to extend for 10 and 11 years, respectively, subject to conditions; (ii) leasehold size of 52,794 square feet; (iii) annual rent of $290,367, subject to CPI; (iv) annual contributions of $100,000 for capital improvements, subject to CPI; (v) a one-time payment of $575,000 in exchange for the City's release of claims; and (vi) additional compliance measures. 2. Adopt attached Resolution No. 11219 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ENTER INTO AN AMENDED AND RESTATED PERMIT FOR IMPROVEMENTS AND LEASE OPTION AGREEMENT WITH THE JONATHAN CLUB”. PIER BRIDGE REPLACEMENT PROJECT 3.B. Pier Bridge Replacement Project Design Contract Modification, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a fourth modification to agreement #9642 (CCS) in the amount of $750,000 with T.Y.LIN International, a California-based company, for environmental services in support of the Pier Bridge Replacement Project, for the Public Works Department. This will result in a new total amount not to exceed $2,000,000, with future year funding contingent on Council budget approval. 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 6 December 17, 2019 Councilmember Morena was excused at 8:32 p.m. Councilmember Morena pulled Item 3.B. to avoid any conflicts of interest with his family-owned business on the Pier. Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to approve the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Winterer, Davis, Himmelrich, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: Councilmembers Jara, Morena ORDINANCES: ZONING 7.A. Introduction and First Reading of an Ordinance Amending Chapter 9.18 and Chapter 9.19 of the City's Zoning Ordinance and Amending the City's Official Districting Map for Properties with Frontage Along Pico Boulevard between Euclid Street and Centinela Avenue to Establish the Pico Boulevard Overlay District, was postponed at request of staff. Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending the City’s Zoning Ordinance to: • Amend Santa Monica Municipal Code Chapters 9.18 and 9.19 to establish the Pico Boulevard Overlay District; • Amend Santa Monica Municipal Code Section 9.51.030 to establish a use classification for food halls to be conditionally permitted in the overlay district only; and • Amend the Official Districting Map to show the geographic location of the Pico Boulevard Overlay District. STAFF ADMINISTRATIVE ITEMS: BOARDS AND COMMISSIONS Councilmember Morena returned at 8:33 p.m. 8.A. Boards and Commissions Discussion, was presented. Recommended Action Staff recommends that the City Council: 1) Review and comment on staff recommendation to change the status of the Environmental Task Force to a permanent commission with the same term limits as other boards and commissions. 2) Review and comment on staff recommendations for changes to the general policies and procedures governing boards, commissions and task forces to: shorten the required time to complete ethics training for newly appointed members; not allow members to serve on multiple boards, commissions or task forces simultaneously; require boards, commissions and task forces to utilize the same Agenda and Minutes templates as those used for the City Council; and provide direction for the City Clerk and City Attorney to establish required training for commission and advisory board members and chairs, as well as establishing consistent training guidelines for staff liaisons in order to better understand their roles and responsibilities. 3) Provide direction to the City Clerk to take the necessary steps to establish DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 7 December 17, 2019 a Community Working Group to provide a comprehensive review of all boards and commissions in consultation with the City Manager and City Attorney and come back to Council with recommendations and suggestions for best practices, including consideration of consolidation for boards and commissions with duplicate or similar purviews. 4) Discuss and direct the City Clerk to work with the City Manager and City Attorney to prepare an ordinance and/or resolution for a ballot measure to remove from the City Charter and add to the Municipal Code, all provisions authorizing certain boards and commissions that are currently in the City Charter, thereby making it easier to make future changes to the enabling provisions for these bodies. 5) Adopt attached Resolution No. 11220 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS, COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER 11034 (CCS)”. Questions asked and answered of staff included: were other departments brought into this discussion to provide feedback, and what is the cost for business cards. Members of the public Nancy Coleman (representing the Social Services Commission), June Hagen (representing the Disabilities Commission), Bill Parent, Olga Zurawska (time donated by Davis Morris), Michael Louis (time donated by Deforrest Wright), Zina Josephs, Dolores Sloan, Kay Ambriz, and Gary Bright spoke on the recommended action. Considerable discussion ensued on topics including, but not limited to: the working group should include some staff to explain what is involved with staffing a commission; some realignment is called for, but possibly under a different structure; strengthening the Conflict of Interest rules; strengthening the ex-parti rules and making sure that those rules are communicated; trainings are necessary to make sure that everyone is on the same page; good idea to get the community working group started; what is the purposes, legal changes for each body; adding equity and sexual harassment training and how to apply it to their roles; maybe have the Working group form and come back with recommendations; concerns that an outside consultant would choose the community working group; have a different selection process; business cards are a small thing that boards and commission members should be able to have considering they are volunteers; need to do more communication to reach out to other members of the community to bring in a more diverse group of citizens; it shouldn’t be an insider game to be appointed, it should be more diverse with a new, better commission structure; the effectiveness of the boards and commissions is critical in how information flows through the process; important to address absenteeism and set guidelines and rules; give people the breathe of how civil service works is important, including trainings and workshops; let the working group go out and do its thing and then come back to Council; boards and commissions as part of their trainings need to regularly review and be reacquainted with their rules to understand what they are DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 8 December 17, 2019 tasked to do; and, training should be specific to include ethics. Motion by Councilmember Winterer, seconded by Councilmember Morena, to change the status of the Environmental Task Force to a permanent commission with the same term limits as other boards and commissions. There were concerns expressed about the Task Force on the Environment being subjected to term limits and a preference to have this decision being held off and taken under consideration by the consultant and community working group. Substitute motion by Councilmember Winterer, seconded by Councilmember Davis, to move forward with the recommendation, but that the final ordinance come back to Council after receiving input from the working group. The motion was unanimously approved by voice vote, with Councilmember Jara absent. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to adopt Resolution No. 11220 (CCS) incorporating the proposed changes referenced in recommended action numbers 2 and 5 to the general policies and procedures governing boards, commissions and task forces, with the stipulation that Section 12 of the resolution be reviewed by the working group. The motion was approved by the following vote: AYES: Councilmembers Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: Councilmember Jara Motion by Councilmember Winterer, seconded by Councilmember Davis, to provide direction to the City Clerk to take the necessary steps to establish a Community Working Group to provide a comprehensive review of all boards and commissions in consultation with the City Manager and City Attorney, and come back to Council with recommendations and suggestions for best practices, including consideration of consolidation for boards and commissions with duplicate or similar purviews. Direction that the working group be selected by staff from the City Clerk, City Attorney, and City Manager’s offices, and that the working group be comprised of at least one acting board member and at least one current staff liaison member. Question asked and answered of staff whether or not the City Attorney’s Office will have staff present at these meetings to make sure that all legal issues are being addressed with the working group. The motion was restated and approved unanimously by voice vote, with Councilmember Jara absent. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, to provide direction to the City Clerk to work with the City Manager and City Attorney DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492 9 December 17, 2019 to prepare an ordinance and/or resolution for a ballot measure to remove from the City Charter and add to the Municipal Code, all provisions authorizing certain boards and commissions that are currently in the City Charter, thereby making it easier to make future changes to the enabling provisions for these bodies. The motion was unanimously approved by voice vote, with Councilmember Jara absent. COUNCILMEMBER DISCUSSION ITEMS: HOUSING COMMISSION 13.A. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2021, was continued to January 14, 2020. YEAR-END APPOINTMENTS 13.B. Year-End Appointments to Boards and Commissions for terms ending December 30, 2019, was continued to January 14, 2020. Board/Commission # of Vacancies Term Ending Requirements Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee 2 12/31/2021 Santa Monica resident Metropolitan Water District 1 12/31/2023 - Santa Monica Pier Corporation 3 12/31/2023 Reside, work, or do business in Santa Monica. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:53 p.m. ATTEST: APPROVED: Denise Anderson-Warren Kevin McKeown City Clerk Mayor DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492