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m20190122.pdf 1 January 22, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 22, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30 p.m., on Tuesday, January 22, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Kevin McKeown Councilmember Greg Morena Councilmember Ted Winterer (arrived at 5:35 p.m.) Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present except Councilmember Winterer. City Clerk Denise Anderson-Warren led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember Winterer arrived at 5:35 p.m. Member of the public Denise Barton commented on closed sessions. On order of the Mayor, the City Council recessed at 5:34 p.m., to consider closed sessions and returned at 6:31 p.m., with all members present, to report the following: 1.A. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to § 54956.9: Ramos v. Nielsen, U.S. Court of Appeals for the Ninth Circuit, Case No. 18-16981 The City Attorney advised this matter is a request to enter an amicus brief. The City and County of Los Angeles have asked the city to join this amicus brief in support of litigation pending in the 9th Circuit Court of Appeals that challenges the current Administration’s decision to end the temporary protective status program that allows immigrants from El Salvador, Haiti, Nicaragua, and Sudan who meet rigorous qualifications and cannot return safely to their home country, to live and work in the United States without fear of deportation. The city is being asked to join an amicus brief that challenges that decision to end the temporary protective status program. Motion by Councilmember McKeown, seconded by Councilmember DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 2 January 22, 2019 Himmelrich, to join the amicus brief. The motion was unanimously approved by voice vote, with all members present. 1.B. 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 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): Aidis Paul Malinauskas v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. BC692051. The City Attorney advised this was a claim involving a Santa Monica Police vehicle striking Mr. Malinauskas while he was riding his bicycle on Montana Avenue, causing injuries. The city disputes the claims in the lawsuit, but the City Attorney’s Office recommends a settlement in the amount of $80,000 to bring resolution to the litigation. Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to approve Settlement No. 10802 (CCS) in the amount of $80,000. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 1.D. 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. 1.E. Conference with Real Property Negotiator Properties: 1437 5th Street, 817 12th Street, and 1427 15th Street, Santa Monica Negotiator: Andy Agle, Director of Housing and Economic Development Owners of Record: 14375NMS LLC, 817 12TH ST LLC, 1427 15TH ST LLC DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 3 January 22, 2019 Under Negotiation: Affordability Deed Restrictions The City Attorney advised this matter was heard with no reportable action taken. MEETING MANAGEMENT The Mayor announced that she would be leaving the meeting early to catch a flight to attend the Conference for Mayors in Washington, D.C., and asked if it is the will of the Council to continue all the Boards and Commission appointments to the February 12, 2019 meeting. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to continue all of the Boards and Commission appointments to the February 12, 2019 meeting. The motion was unanimously approved by voice vote, with all members present. SPECIAL AGENDA ITEMS: CITY COUNCIL VACANCY 2.A. Filling An Unscheduled Vacancy on the City Council, was presented. Recommended Action Staff recommends that Council either: 1. Consider the applicants that have declared their interest in being appointed to the unscheduled vacancy on the City Council and make an appointment to fill the Council vacancy; 2. Continue the appointment process to a Special Meeting; or 3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 5, 2019, FOR THE ELECTION OF A CITY COUNCILMEMBER TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES.” Members of the public Donna Block, Linda Lancaster, Jerry Rubin, Jon Katz, Anastasia Foster, Gary Nuall, Ann Hoover (time donated by Jalen Mamita), Ken Robin, Robbie Jones, Jason Parry, Jennifer Kennedy, Daniel Jansenson, Korie Schmidt, Troy Harris, Irma Carranza, Liz Cruz, Kristina Lizana, Natalie Hernandez, Waverly, Randy Grub, Harry Kamden, and Lori Williams commented on the Council appointment. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tem O’Day nominated Ana M. Jara Councilmember McKeown nominated Jennifer Kennedy Mayor Davis nominated Barry Snell There being no other nominations, no one was appointed by the following DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 4 January 22, 2019 vote: Jara: Councilmembers Morena, Winterer, Mayor Pro Tem O’Day Kennedy: Councilmembers Himmelrich, McKeown Snell: Mayor Davis On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Ana M. Jara Councilmember Himmelrich nominated Caroline Torosis Applicant Ana Marie Jara, was appointed by the following vote: Jara: Councilmembers Winterer, McKeown, Morena, Mayor Pro Tem Davis, Mayor Davis Torosis: Councilmember Himmelrich On order of the Mayor, the City Clerk gave the Oath of Office and swore in Ana Maria Jara to serve as a City Councilmember for a partial-term, ending November 2020. Later in the meeting, Councilmember Himmelrich changed her vote to Jara, thereby making the appointment a unanimous vote of the Council. RESIGNATION Upon appointment to the City Council, Councilmember Jara provided a verbal resignation from the Social Service Commission. The Council accepted her resignation and approved the City Clerk to advertise the vacancy. 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 McKeown, Item 3.H. was removed from the Consent Calendar. Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to approve the Consent Calendar except for Item 3.H., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 5 January 22, 2019 AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None DRAINAGE IMPROVEMENT PROJECT 3.A. Award Bid No. SP2490 for Storm Drain and Drainage Improvement Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2490 to Palp Inc., dba Excel Paving Company, a California-based company, to provide construction services for the Street and Storm Drain & Drainage Improvement Project; 2. Authorize the City Manager to negotiate and execute Contract No. 10800 (CCS) with Excel Paving Company in an amount not to exceed $863,263 (including a $78,479 contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. 4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. VEHICLE PURCHASE 3.B. Award Bid No. 4363 for the purchase and delivery of lubricating oils for Big Blue Bus and Fleet vehicles, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4363 to Southern Counties Lubricants LLC., a California-based company, for the purchase and delivery of lubricants and motor oil (recycled and new), for transit buses and city vehicles; and 2. Authorize the Procurement Manager to issue a purchase order with Southern Counties Lubricants LLC for lubricants and motor oil in an amount not to exceed $339,099 for one year, including a 10% contingency, with four additional one-year renewal options with a 3% cost escalator, for a total amount not to exceed $1,800,323 with future year funding contingent on Council budget approval. FLEET ASSET MANAGEMENT SYSTEM 3.C. Award RFP No. 164 for the purchase of a Fleet Asset Management System, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 164 to AssetWorks, LLC, a Pennsylvania-based company, for the purchase of a Fleet Asset Management System with Telematics Solution and to provide hosting services and software support and maintenance for five years; DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 6 January 22, 2019 2. Authorize the City Manager to negotiate and execute Agreement No. 10801 (CCS) with AssetWorks, LLC, in an amount not to exceed $1,325,552 (including a 10% contingency) over a five-year period for systems implementation, training, hosting services and software support and maintenance, with future year funding contingent on Council budget approval; and 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. RELOCATION FEES 3.D. Correction to Resolution No. 11159 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA UPDATING PERMANENT AND TEMPORARY TENANT RELOCATION FEES”, was adopted. Recommended Action Staff recommends that the City Council adopt a Resolution of the City of Santa Monica establishing Permanent and Temporary Relocation fees (Attachment A). MINUTES 3.E. Minutes for the City Council - Regular Meeting - Aug 28, 2018 5:30 PM, were approved. MINUTES 3.F. Minutes for the City Council - Regular Meeting - Sep 11, 2018 5:30 PM, were approved. MINUTES 3.G. Minutes for the City Council - Special Meeting - Oct 9, 2018 4:30 PM, were approved. COUNCIL RETREAT 3.H. Modifying Council Rules for Public Comment at Council Retreat, was presented. Recommended Action Staff recommends that the City Council direct staff to inform the public that Council intends to suspend the Council rules to modify the time limits for public comment at the Council Retreat on January 26, 2019. Councilmember McKeown stated that he pulled this item to provide clarification on the item. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 7 January 22, 2019 ABSENT: None ORDINANCES: RELOCATION REGULATIONS 7.A. Second Reading and Adoption of Ordinance No. 2601 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA AMENDING SECTION 4.36.040 OF THE SANTA MONICA MUNICIPAL CODE TO UPDATE PERMANENT TENANT RELOCATION REGULATIONS”, 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 Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 11TH STREET HISTORIC DISTRICT Mayor Davis was excused at 8:33 p.m. 7.B. Proposed 11th Street Historic District (18ENT-0166) Consideration of a new proposed historic district on 11th Street consisting of certain properties located along the east side of 11th Street, between Wilshire Boulevard and Arizona Avenue (1221-1253 11th Street), and properties along the north side of Arizona Avenue between 11th Street and 11th Court Alley (1107-1115 Arizona Avenue) and Introduction and first reading of an Ordinance amending the Santa Monica Municipal Code adding Section 9.56.320 for potential designation of the 11th Street Bungalow Historic District, was presented. Recommended Action Staff recommends that the City Council consider the proposed historic district on 11th Street, including the recommendations from the Landmark Commission and the City’s planning staff. Diane Citron, Susan Suntree, Diane Miller, and Mario Fonda Bondari spoke on behalf of the applicant. Members of the public Barry Rosenbaum, Roger Genser, Dolores Sloan, Scott Taylor, Michael de Villiers, Andrew Hoyer, Ellen Hannan, and Debbie Mahdessian spoke generally in favor of the recommended action. Alicia Bartley, Sahar Bolonchi, Karol Bolonchi, Jimmy Lennon (time donated by Doris Lennon), Christine Lennon, and, Tom Nitti, spoke generally in opposition to the recommended action. DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 8 January 22, 2019 Questions asked and answered of staff included: to explain that some of these bungalows are not grouped together; what are the criteria to determine whether or not these properties should be considered historic; the apartments there now, were they previously bungalows; if you come back with review procedures of how it would work, would you come back with procedure for this district specifically, and would that be different than the other districts, or is there some uniformity between districts; was demolition allowed for new buildings before 1990; if buildings have been substantially altered, does that increase the amount in the district to more than 70%; when a historic district is determined, are adjourning buildings qualified for the Mills-Act; is the city due for an update to the Landmarks ordinance, and has there been any other considerations to help determine options; if this is approved as a district, what might be the threshold under which you would have an alteration that would require a review by the city; what is the value of a Mills-Act opportunity for a property; are the neighborhood conservation districts different from this; explain the different standards between historical versus non-historical, and what is that process; what other properties are left from the 1905-1925 era that is considered working class housing; and, does this ordinance require that this only apply to this district. Considerable discussion ensued on topics including, but not limited to, whether or not any consideration is being given to properties that no longer fit the contributing characteristics of this historic district, as well as concerns about losing some of these older properties. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the Landmarks findings recommending to approve the proposed district. 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 Motion by Councilmember McKeown, seconded by Councilmember Morena, to give direction to staff that because this may be an unusual historic district, as guidelines for this district are drawn up, that staff consult with the property owners, and if there are special circumstances, those concerns can be addressed when this returns to Council. The motion was approved by voice vote, with Mayor Davis absent. STAFF 8.A. Ten-Year Financial Forecast, was presented. DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 9 January 22, 2019 ADMINISTRATIVE ITEMS: FINANCIAL FORECAST Recommended Action Staff recommends that the City Council: 1. Review the FY 2019-20 through FY 2028-29 Ten-Year Financial Forecast and direct staff to proceed with developing a fiscally sustainable budget strategy; 2. Renew grant funding for two years contingent upon available funding and postpone the next grant cycle to begin FY 2021-22 for the Human Services Grant Program; and 3. Receive public comment on federal Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program funds. Members of the public Denise Barton, Judy Abdo, Janine Bush, Zina Josephs (time donated by Kay Arnold), David Morris (time donated by Jeffrey Davis), Olga Zurawska (time donated by Judy Casey), Gina de Baca, Ellen Hannan, and, Denise Neal spoke generally in favor of the recommended action. Questions asked and answered of staff included: what is the difference between the probable and recession forecast; is the 5% construction costs annually or over a 10-year period; if the airport closes in 2028, are the revenue from the Airport fund worth looking into; how much does the Human Services and Cultural grants program cost every year; why is there a delay in the Human Services grants review; in doing this, does it mean that this program doesn’t need to change; why not stop giving people permission to build more parking lots; are there ratios used when determining the city’s AAA rating; are balance sheets used when determining the ratio; does the city have an interest rate that the city uses to pay the pension liability; what rate is paid on the bonds; has there ever been a pension bond used to pay off the future pension liability; if people continue to come into the city, has there been any consideration as to what that means for the overall budget; the Airport Fund pretty healthy, can that money be used for other things; what’s the thinking behind contracting out cemetery services; what has the city done, or do they plan to do some sort of investigation on OPCC because people come to Council and complain about OPCC all the time; could direction be given to any grantees who deal with homelessness to setup measures of success, and determine what those measures will be; setup pathways for complaint, and that those complaints are not going directly to the vendors. Considerable discussion ensued on topics including, but not limited to, looking at investigating OPCC, trying to determine if there are other providers out there, who have a better record of providing homeless services, and, look at a better oversight process for shelter monitoring. DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 10 January 22, 2019 Motion by Councilmember Winterer, seconded by Councilmember McKeown, to adopt the staff recommendation, and direct staff on a budget strategy to take a look at projections and incorporate a budget that addresses the projected shortfalls and incorporate the recommendations of the Pension Advisory committee. 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 Motion by Councilmember Winterer, seconded by Councilmember McKeown, to renew grant funding for two years contingent upon available funding and postpone the next grant cycle to begin FY 2021-22 for the Human Services Grant Program; and receive public comment on federal Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program funds. AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Mayor Davis Motion by Councilmember McKeown, to direct staff to investigate options to create better resolution paths for concerns and complaints regarding all homeless service providers in such a way to insulate clients from repercussions for having filed a complaint and come back to Council with recommendations on whether we can implement that or whether to reconsider funding. Councilmember Himmelrich suggested a change in language to expand the direction to all of the service providers with whom we have grants, there should be a Bill of Rights and a pathway to complaints for people who receive services. The City Attorney provided clarification for Brown Act purposes that Council will be directing staff to consider and come back but, not actually finalizing staff direction. The suggested language for the motion included, to direct staff to look at ways to improve a complaint process. The City Attorney provided further clarification to language provided by Councilmember Jara. “That staff provide a pathway for complaints to direct to correct processes not just the providers.” Other direction to staff included, looking at data that reflected loss of DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 11 January 22, 2019 revenue for parking, take a look at what the forecast would be for parking and relate that to the policies that require private developers in our own infrastructure to meet the parking mandate; to redirect any potential parking revenues to the City to maximize the city’s revenues; and, Public safety, what does that look like with the increase of visitors and increase in population. 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 12, 2019 meeting. AUDIT SUBCOMMITTEE 13.B. Appointment to one unscheduled vacancy on the Audit Subcommittee for a term ending on 6/30/2021, was continued to the February 12, 2019 meeting. PERSONNEL BOARD 13.C. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on 6/30/2022, was continued to the February 12, 2019 meeting. COMMISSION ON THE STATUS OF WOMEN 13.D. 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 12, 2019 meeting. SANTA MONICA SISTER CITY ASSOCIATION 13.E. Request of Mayor Davis and Councilmembers McKeown and Winterer that the Council allocate $15,000 of discretionary funds to the Santa Monica Sister City Association, a local chapter of Sister Cities International, a 501(c)(3) non-profit, for scholarships and other assistance to enable low-income households to participate in the organization's activities and that another $10,000 be set aside to match dollar-for-dollar funds raised from other parties, was presented. There were no members of the public present to speak. Motion by Councilmember McKeown, seconded by Councilmember Morena, to approve the 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 MAIN STREET BUSINESS 13.F. Request of Mayor Davis and Councilmember Winterer that the DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3 12 January 22, 2019 IMPROVEMENT ASSOCIATION Council allocate $17,000 of discretionary funds to the Main Street Business Improvement Association to reduce the $90,391 anticipated costs of their June 2109 Soulstice event, which for the first time will close down the entire length of Main Street to automobiles. Last year's Soulstice event, with a partial closure of the street, was per the recent Resident Satisfaction Survey the third highest attended festivity in the city after two events at the Pier, was presented. There were no members of the public present to speak. Motion by Councilmember Himmelrich, seconded by Councilmember McKeown, 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 Rufus William, Denise Barton, and Gina Frazier commented on various local issues. ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 12:12 a.m. in memory of DeAndre Windom and Stella Casillas. ATTEST: APPROVED: Denise Anderson-Warren Gleam Davis City Clerk Mayor Terry O’Day Mayor Pro Tempore DocuSign Envelope ID: C75C78C8-A4B4-43B9-8510-9273157BD2D3