m-062513CITY OF SANTA MONICA
CITYCOUNCILMINUT-ES-
JUNE 25, 2013
A regular meeting of the Santa Monica City Council was called to order by Councilmember McKeown at
5:35p.m., on Tuesday, June 25 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:45 p. m)
Mayor Pro Tem Terry O'Day (arrived at 6:15 p. m.)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:40 p.m.)
Councilmember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Cleric Sarah P. Gorman
CONVENEIPLEDGE On order of Councilmember McKeown, appointed by the present Councilmembers,
the City Council convened at 5:35 p.m., with Councilmembers Vazquez, Mayor Pro
Tem O'Day, and Mayor O'Connor absent. Councilmember Winterer 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 Interim Chair, the City Council recessed at 5:36 p.m., to consider
closed sessions, with Councilmember Vazquez, Mayor Pro Tem O'Day, and Mayor
O'Connor absent; and returned at 6:44 p.m., with all members present, excepting
Councilmember Holbrook, who participated via telephone from the Council Office,
to report the following:
I -A: Conference with Labor Negotiator.
City Negotiator: Donna Peter, Director of Human Resources
Bargaining Units: Administrative Team Associates (ATA)
Supervisory Team Associates (STA)
Municipal Employees Association (MEA)
The City Attorney advised this matter was heard and no reportable action was taken.
1-B: Conference with Legal Counsel—Anticipated Litigation: Anticipate
significant exposure to litigation pursuant to Government Code Section
54956.9 (d)(2) — 2 cases
June 25, 2013
The City Attorney advised these matters were heard and no reportable action was
taken.
1-C: Conference with Legal Counsel —Existing Litigation —Litigation has
been initiated formally pursuant to Government Code Section 54956.9 (d)(1) —
1 case: Marks v. City of Santa Monica, Los Angeles Superior Court Case
Number BC 490411
City Attorney Marsha Moutrie recommended to approve Settlement Agreement No.
9480 (CCS) in the amount of $162,500 for settlement of this personnel matter
arising out of allegations regarding accommodations.
TELEPHONIC Mayor O'Connor announced that Councilmember Holbrook would be participating
APPEARANCE by telephone from the Council office within City Hall as he recovers from surgery,
ANNOUNCEMENT and that all votes would be via roll call.
Motion by Councilmember McKeown, seconded by Councilmember Davis, to
approve Settlement Agreement No. 9480 (CCS) in the amount of $162,500 for the
matter. The vote was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
GUN SAFETY Mayor O'Connor made a brief statement regarding meetings with federal officials
MEASURES regarding gun safety issues. Council provided direction regarding gun safety issues.
SPECIAL AGENDA 2-A: Presentation of the National Weather Service's "TsunamiReady" and
ITEMS: "StormReady" recognition, was presented to the Mayor.
CONSENT All items were considered and approved in one motion unless removed by a
CALENDAR: Councilmember for discussion.
Members of the public Brad Hutchinson, Denise Barton and Jerry Rubin
commented on various Consent Calendar items.
At the request of Councilmember Davis, Item 3-1 was removed from the Consent
Calendar. At the request of Mayor Pro Tem O'Day, Item 3-H was removed from
the Consent Calendar. At the request of Councilmember Vazquez, Item 3-P was
removed from the Consent Calendar. At the request of Councilmember Winterer,
Item 3-T was removed from the Consent Calendar.
Motions Councilmember McKeown, seconded by Councilmember Vazquez, to
approve the Consent Calendar except for Items 3-H, 3-I, 3-P, and 3-T, and with Itetrl
3-A, as amended, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
2 June 25, 2013
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
MINUTES 3-A: Approval of minutes of the March 19, 2013, City Council meeting, were
approved as amended, as indicated in the posted agenda.
SOFTWARE 3-B: Agreement with Esri for GIS Software License Agreement Renewal —
LICENSE recommendation to authorize the City Manager to negotiate and execute a sole
RENEWAL source professional service Agreement No. 9751 (CCS) with Esri, in an amount not
to exceed $167,535 for a three-year GIS software license agreement renewal with
future year funding contingent on Council budget approval, was approved.
PURCHASE 3-C: Purchase of Hardware and Software Technology — recommendation that
TECHNOLOGY City Council authorize the purchase of hardware and software technology from the
following vendors for the period between FY 2013-14 and FY 2018-19: CDWG, in
an amount not to exceed $750,000; EnPointe, in an amount not to exceed
$1,000,000; Nth Generation Computing, Inc., in an amount not to exceed
$1,000,000; and, PCMG (formerly PC Mall), in an amount not to exceed $750,000,
for a total amount not to exceed $3,500,000 for a five-year period, was approved.
GUSSY MORAN 3-D: Commemorate the Life and Achievements of World -Famous Tennis
Pioneer Gussy Moran — recommendation that the City Council commemorate
Santa Monica native and world-famous tennis pioneer Gussy Moran by naming the
Stadium Court at Reed Park, Gassy Moran Stadium Court, and install didactic
signage on the wall adjacent to the Stadium Court that would provide a history of
her achievements, was approved.
SAFE ROUTES 3-E: Contract Amendment to Continue Safe Routes to School Bicycle and
Pedestrian Safety Program — recommendation to authorize the City Manager to
negotiate and execute a first contract modification to Contract No. 9603 (CCS) in
the amount of $70,000 with Alta Planning + Design (Alta), to continue
implementation of the Safe Routes to School Program (SRTS), resulting in a two-
year amended contract with a new total amount not to exceed $398,000, was
approved.
CITY-WIDE 3-17: Adopt Resolution No. 10750 (CCS) entitled: "A Resolution Of The City
RECORDS Council Of The City Of Santa Monica Approving A Revised City -Wide Records
RETENTION Retention Schedule." was adopted.
1621 FRANKLIN 3-G: Adopt Resolution No. 10751 (CCS) entitled: "A Resolution Of The City
STREET Council Of The City Of Santa Monica Accepting And Approving The Final
Subdivision Map For Parcel Map No. 71387 To Subdivide A Property At 1621
Franklin Street," was adopted.
3 June 25, 2013
PEDESTRIAN 3-J: Professional Services Agreement for Pedestrian Safety Deviec
SAFETY Evaluations — recommendation to authorize the City Manager to negotiate and
execute Professional Services Agreement No. 9754 (CCS) with DKS Associates,
Inc. ("DKS"), in the amount of $12,349 to provide a study of new pedestrian
enhancements at various locations throughout the City, was approved.
HOSPITAL AREA 3-K: Professional Services Agreement Modification for Hospital Area
PEDESTRIAN Pedestrian Study — recommendation to authorize the City Manager to negotiate
STUDY and Professional Services Agreement No. 9755 (CCS) with KOA Corporation, in
the amount of $5,800, resulting in a two-year amended agreement with a new total
amount not to exceed $75,790 to complete additional analysis for the Hospital Area
Pedestrian Study; and appropriate the budget increase and authorize budget changes,
was approved.
LEGAL SERVICES 3-L: Contract Modification with Liebert Cassidy and Whitmore, a Law
Corporation, for Labor and Employment Legal Services — recommendation to
authorize the City Manager negotiate and execute a first modification to
Professional Services Agreement No. 9535 (CCS) with Liebert Cassidy and
Whitmore, in the amount of $375,000 for personnel related legal services, resulting
in a five-year amended with a total not to exceed $1,875,000, was approved.
BUSINESS 3-M: Purchase Business License Software — recommendation to authorize the
LICENSE City Manager to negotiate and execute Contract No. 9756 (CCS) with Hdlg
SOFTWARE Software, LLC (HdL), in an amount not to exceed $209,275 for business license
software, over a five year term starting in FY 2013-14, was approved.
TONGVA PARK 3-N: Professional Services Agreement Modification for Testing and
AND KEN DENSER Inspection Services for Tongva Park and Ken Genser Square — recommendation
SQUARE to authorize the City Manager to: 1) negotiate and execute a second modification to
Professional Services Agreement No. 9395 (CCS) with Koury Engineering &
Testing, in an amount not to exceed $44,396, to provide additional geotechnical
testing services for Tongva Park and Ken Genser Square, resulting in an amended
agreement with a new total amount not to exceed $199,436; 2) Negotiate and
execute a first modification to Professional Services Agreement No. 9395 (CCS)
with Smith Emery Company, in an amount not to exceed $86,757 to provide
additional deputy inspection set -vices for Tongva Park and Ken Genser Square,
resulting in an amended agreement with a new total amount not to exceed $199,969;
and, approve the budget changes, was approved.
WASTEWATER 3-0: Award Construction Contract for Annual Wastewater Main
MAIN Improvements — recommendation to authorize the City Manager to negotiate and
IMPROVEMENTS execute construction Contract No. 9757 (CCS) with Vasilj, Inc., in an amount not to
exceed $1,358,928 for the annual Wastewater Main Improvements, and authorize
any necessary changes within budget authority, was approved.
4 June 25, 2013
CORPORATION 3-Q: Professional Services Agreement Modification for Corporation Yard
YARD Master Plan — recommendation to authorize the City Manager to negotiate and
execute a fourth modification to Professional Services Agreement No. 9129 (CCS)
with RNL Interplan, Inc., in the amount of $16,640 to provide an additional phasing
plan to complete the Corporation Yard Master Plan, resulting in a new total amount
not to exceed $359,980; and, to appropriate the budget increases, was approved.
FIVE DUMP
3-R: Award Bid for Purchase of Five Dump Trucks and Two Irrigation
TRUCKS AND TWO
Trucks — recommendation to Award Bid #4051 to Thorson Motor Center, in an
IRRIGATION
amount not to exceed $355,816 for the purchase and delivery of five compressed
TRUCKS
natural gas (CNG) dump trucks; and, Award Bid #4052 to Thorson Motor Center, in
an amount not to exceed $118,050 for the purchase and delivery of two CNG
special body irrigation trucks, was approved.
THREE FORD 3-S: Award Bid for Purchase of Three Ford Focus Electric Vehicles —
FOCUS ELECTRIC recommendation to award Bid No. 4055 to Wondries Fleet Group, in the amount of
VEHICLES $136,314 for the purchase and delivery of three new Ford Focus electric vehicles,
was approved.
PURCHASE 3-U: Purchase Orders with multiple renewal option years exceeding $100,000
ORDERS — recommendation to extend renewal options or authorize issuance of new Purchase
Orders for vendors whose cumulative authorized purchase amount exceeds
$100,000 in fiscal year 2013-14, with a total cumulative amount of the purchase
orders not exceeding $13,565,251, was approved.
BIG BLUE BUS 3-V: Contract modification with ICF Consulting for Environmental
Assessment, Remediation, and Closure services at the Big Blue Bus depot —
recommendation to authorize the City Manager to execute a contract modification to
Contract No. 8913 (CCS) with ICF Consulting, in the amount of $185,000, for
environmental assessment, remediation, and closure services, was approved.
NOISE 3-W: Contract Modification for Maintenance and Support Services for Santa
MONITORING Monica Airport's Aircraft Noise Monitoring System — recommendation to
SYSTEM authorize the City Manager to negotiate and execute a second modification to
Contract No. 9057 (CCS) with Exelis Inc., in the amount of $143,103, to provide
maintenance and support services for the Santa Monica Airport's noise and
operations monitoring system (MOMS); to purchase flight track data; and, to
provide public access to flight track data through June 30, 2015, was approved.
EXPOSITION 3-X: Exposition Light Rail Storm Drain Repairs and Replacement on
LIGHT RAIL Colorado Avenue — recommendation to authorize the City Manager to negotiate
and execute Agreement No. 9760 (CCS) with the Exposition Metro Line
Construction Authority (Authority), in an amount not to exceed $274,566 to repair
and replace six storm drain laterals on Colorado Avenue between 6s' Street and 11cn
Street; appropriate budget changes, and authorize any necessary changes, was
approved.
June 25, 2013
FORMAL BIDS 3-Y: Formal Bids Staff Report 2013 —recommendation to award Bids for the
issuance of Blanket Purchase Orders for the best bidders for goods or services
formally bid between March and May 2013 for fiscal year 2013-14, in an amount
not to exceed $1,844,772, with a two one-year renewal options over a three-year
period, was approved.
REFUSE 3-P : Refuse Disposal, Recycling and Organics Processing Facilities —
FACILITIES recommendation to add USA Waste of California dba Waste Management (organics
waste processor) and Agromin Organics Recycling Compost Facility (organics
processing facility) to the list of City authorized refuse disposal, recycling and
organics waste processors and facilities; and, to award Bid No. 111212 to USA
Waste of California dba Waste Management, in the estimated amount of $750,00
per year, to process organics waste for the City, was presented.
Councilmember Vazquez advised that he removed the item to ask questions of staff
regarding the choice of vendors.
Motion by Councilmember Vazquez, seconded by Councilmember Winterer, to
approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
BBB SHELTER 3-T: Award Construction and Construction Management Contracts for the
REDEVELOPMENT Bus Shelter Redevelopment Program — recommendation to authorize the City
PROGRAM Manager to negotiate and execute Contract No. 9758 (CCS) with West Valley
Investment Group, Inc., in the amount of $6,680,909, for construction of the Big
Blue Bus Shelter Redevelopment Program; authorize the City Manager to negotiate
and execute a professional services Agreement No. 9759 (CCS) with Areadis US, in
the amount of $621,500, for construction management and inspection services for
the Big Blue Bus — Bus Shelter Redevelopment Program; authorize any necessary
changes within budget authority, and appropriate the budget increases, was
presented.
Councilmember Winterer advised that he removed the item to ask questions of staff
regarding the bid process as raised by speakers.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day, to
approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer; Holbrook, Davis, Vazquez;
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
June 25, 2013
CAR SHARE 3-I: Pilot Car Share Program - recommendation to authorize the City Manager
PROGRAM to negotiate and execute two-year Contract No. 9753 (CCS) with the Hertz
Corporation, to provide a pilot car sharing program in the City of Santa Monica;
with one additional three-year renewal option, was presented.
Councilmember Davis advised that she removed the item to ask questions of staff
regarding the cost of the service.
Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Day, to approve
the recommendation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
ENGINEERING 3-H: Engineering and Traffic Survey to Review and Update Speed Limits—
AND TRAFFIC recommendation to authorize the City Manager to negotiate and execute
STUDY Professional Service Agreement No. 9752 (CCS) with Kimley-Horn Associates, Inc.
(KHA), in an amount not to exceed $80,000 for the completion of an Engineering
and Traffic Survey to review and update speed limits in the City, was presented.
Mayor Pro Tem O'Day Mayor Pro Tem O'Day advised that he removed this item in order to be recused
was excused at 7:27 fiom the matter. He stated that his employer uses Kimley-Horn but neither he nor
p.m. his employer receive income from Kimley-Horn. He stated that he was not legally
required to recuse himself, but would do so.
Motion by Councilmember Winterer, seconded by Councilmember Vazquez, to
approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2425 (CCS), entitled:
DEVELOPMENT "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
AGREEMENT MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND 1320 2 N
Mayor Pro Tem O'Day Street, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY," was presented.
returned at 7:29 p.m.
Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Day, to adopt the
ordinance, reading by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers Winterer, Holbrook, Davis, Vazquez,
June 25, 2013
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: Councilmember McKeown
ABSENT: None
Councilmember McKeown stated for the record that his no vote reflects a concern
for both process and precedent. Many development agreements will be coming
before the Council and it would be better to handle these more transparently.
Staff direction was provided.
EMERGENCY 7-B: Second reading and adoption of Ordinance No. 2426 (CCS), entitled:
ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING UP TO FOUR EXTENSIONS OF TIME TO
COMPLETE CONSTRUCTION ON PROJECTS THAT INCLUDE A
DESIGNATED SANTA MONICA LANDMARK AND DECLARING THE
PRESENCE OF AN EMERGENCY," was presented.
Member of the public Paula Larmore spoke in favor of the recommended action.
Discussion ensued on topics including the need for these types of extensions with
historic buildings.
Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt
the ordinance, reading by title only and waiving further reading thereof. The motiorl
was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
WATER 7-C: Second reading and adoption of Ordinance No. 2427 (CCS), entitled:
CONSERVATION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING CHAPTER 7.18 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO RETROFITTING OF PLUMBING
FIXTURES," was presented.
Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt
the ordinance, reading by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
INTERIM ZONING 7-D: Second reading and adoption of Ordinance No. 2428 (CCS), entitled:
June 25, 2013
ORDINANCE "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING AND AMENDING INTERIM ORDINANCE
NUMBER 2417 (CCS); WHICH ESTABLISHED INTERIM DEVELOPMENT
PROCEDURES PENDING IMPLEMENTATION OF THE LUCE, INCLUDING
MODIFICATIONS ADDRESSING ORDINANCE APPLICABILITY, CM
DISTRICT NON -CONFORMING USES, SHARED PARKING AND FAR
CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR CITY
PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF
RESTAURANTS IN THE CM DISTRICT, THE REPLACEMENT OF EXISTING
PUBLIC PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN
BSC -2 AND C3 -C ZONING DISTRICTS, AND AUTHORIZATION OF
EXISTING NONCONFORMING AUTOMOBILE DEALERSHIP USES AND
MINOR EXPANSIONS THERETO IN RESIDENTIAL AND "A" OFF-STREET
PARKING OVERLAY ZONES, TO MODIFY THE REQUIREMENTS FOR
MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF 50 OR
FEWER UNITS," was presented.
Motion by Councilmember McKeown, seconded by Councilmember Davis, to adopt
the ordinance, reading by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
AFFORDABLE 7-E: Second reading and adoption of Ordinance No. 2429 (CCS), entitled:
HOUSING "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.56,
THE CITY'S AFFORDABLE HOUSING PRODUCTION PROGRAM
INCLUDING REVISING AFFORDABLE HOUSING CATEGORIES, INCOME -
ELIGIBILITY LIMITS, RENT LIMITS, AND EXPANDING AHPP INCOME
CATEGORIES," was presented.
Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt
the ordinance, reading by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
173120"' STREET 7-F: Introduction and First Reading of an Ordinance for Proposed
Development Agreement 12DEV013 to Construct of a New Three -Story
Science Learning Center and Temporary Modular Classrooms at 173120th
Street (Crossroads School for Arts & Sciences), was presented.
9 June 25, 2013
Applicant Bob Riddle, Head of School, Crossroads School for Arts and Sciences
spoke regarding the project.
Deputy City Attorney Susan Cola incorporated additional language to the
Development Agreement, as follows:
Section 2.6.2 (b):
ix. In order to protect the southerly side of School's Science Building and
perimeter fence or wall from graffiti and vandalism, School shall be allowed
to plant pocket vines up to six inches into the Bike Path Easement
Agreement area from School's Science Building and the barrier fence or
wall. The City's Architectural Review Board shall retain its normal review
authority over such landscaping.
Section 2.6.2(g):
(3) School shall achieve an average vehicle ridership ("AVR") goal of (a) 1.6
for both a.m. and p.m. peak periods until the second year after opening of the
Exposition light rail stations at Olympic Boulevard/26th Street and Colorado
Avenue/17th Street and (b) 1.75 for both a.m. and p.m. peak periods by the
third year after opening of the li�ht rail stations at Olympic Boulevard/26 h
Street and Colorado Avenue/17t Street. For purposes of determining AVR,
the survey shall be conducted in accordance with SMMC 9.16.070(d)(2)(I)
except that notwithstanding Section 9.16.070(d)(4)(G), zero emission
automobilesshallbe included in the calculation of vehiclesarrivingat the
worksite. The AVR goal applies to employees only. Failure to achieve the
performance target herein shall not constitute a Default as defined in this
Agreement. Should School not achieve the target AVR in any year, School
shall revise its TDM strategies for the upcoming School year subject to the
approval of the Planning Director, to achieve the performance target herein
while not substantially increasing the cost of the TDM Program. Such
revisions to the TDM Plan shall constitute Minor Modifications pursuant to
DA Section 2.4.2 and shall not require an amendment to this Agreement. If
the City adopts a new or revised ordinance that establishes an AVR goal that
is higher than the ARV goals set forth in this Section and which applies to
private schools with a comparable number of employees, such higher AVR
goal shall apply to School.
Deputy City Attorney Cola also read modified indemnification language for the
Development Agreement. The following language is deleted from Section
2.6.2(b)(v):. The School shall have the right to approve legal counsel retained by
City to defend any claim, action or proceeding which City is obligated to defend
pursuant hereto, which approval shall not be unreasonably withheld, conditioned or
delayed. If any conflict of interest results during the mutual representation of the
City and School in defense of any such action, or if the School is reasonably
10 June 25, 2013
dissatisfied with City's legal counsel in defending any such action, the School shall
have the right at City's costs and expense, to use separate counsel that would
thereafter undertake and continue the School's defense." The following language
would be added to this section: "For purposes of enforcing any rights under this
subsection (v), the term "condition" shall include the design, use and operation of
the Public Bike Path."
Members of the public Andy Schwick, Sasha Moore, Austin Astrup, EJ
Fortenberry, Jerry Rubin, John Given, and Jenna Linnekens spoke in favor of the
recommended action.
Motion by Councilmember Vazquez, seconded by Councilmember McKeown, to
introduce and hold first reading of the ordinance reading by title only and waiving
further reading thereof, and including the indemnification language previously read
into the record by Development Agreement as read into the record by Ms. Cola:
Section 2.6.2 (b): ix. "In order to protect the southerly side of School's Science
Building and perimeter fence or wall from graffiti and vandalism, School shall be
allowed to plant pocket vines up to six inches into the Bike Path Easement
Agreement area from School's Science Building and the barrier fence or wall. The
City's Architectural Review Board shall retain its normal review authority over such
landscaping;" and Section 2.6.2(g)(3): "For put -poses of determining AVR, the
survey shall be conducted in accordance with SMMC 9.16.070(d)(2)(I) except that
notwithstanding Section 9.16.070(d)(4)(G), zero emission automobiles shall be
included in the calculation of vehicles arriving at the worksite. ....If the City adopts
a new or revised ordinance that establishes an AVR goal that is higher than the
ARV goals set forth in this Section and which applies to private schools with a
comparable number of employees, such higher AVR goal shall apply to School."
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
ALARM SYSTEMS 7-G: Introduction and first reading of an ordinance amending Santa Monica
Municipal Code Chapter 3.56, Regulation of Alarm Systems, to authorize
additional fines for second and subsequent false alarm responses in a single
fiscal year and to authorize an alarm registration fee, was presented.
This item was heard concurrently with Items 7-H and 9-A.
ELECTION 7-H: Introduction and first reading of an Ordinance Amending Section
NOMINATION 11.04.010 of the Municipal Code to Require a Payment of a Fee To File
PAPERS Election Nomination Papers and a Fee for the Printing and Handling of a
candidate statement, was presented.
This item was heard concurrently with items 7-G and 9-A.
11 June 25, 2013
PUBLIC 9-A: Adoption of the First Year and Approval of the Second Year of the
HEARINGS: Fiscal Year (FY) 2013-15 Biennial Budget (including the Second Year of the
BUDGET FY 2012-14 Biennial Capital Improvement Program Budget) — recommendation
that the City Council, Housing Authority and Parking Authority: adopt Resolution
No. 10752 (CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING THE FIRST YEAR (FISCAL YEAR
2013-14) AND APPROVING THE SECOND YEAR (FISCAL YEAR 2014-15)
OF THE FISCAL YEAR 2013-15 BIENNIAL BUDGET AND ADOPTING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2013-
14," at Attachment Fl, as amended by Attachment D; adopt Resolution No. 88
(HAS) of the Housing Authority of the City of Santa Monica adopting the first year
and approving the second year of the Fiscal Year 2013-15 Biennial Budget and
adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement
Program Budget at Attachment F2, as amended by Attachment D; adopt Resolution
No. 253 (PAS) of the Parking Authority of the City of Santa Monica adopting the
first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget
and adopting the second year of the Fiscal Year 2012-14 Biennial Capital
Improvement Program Budget at Attachment F3, as amended by Attachment D;
additionally, recommendation that the City Council: adopt Resolution No. 10753
(CCS) of the City of Santa Monica setting various rates and fees (Attachment Cl);
adopt Resolution No. 10754 (CCS) of the City of Santa Monica setting various fines
and penalties (Attachment C2); adopt Resolution No. 10755 (CCS) of the City of
Santa Monica adjusting preferential parking rates (Attachment C3); adopt
Resolution No. 10756 (CCS) of the City of Santa Monica establishing new
classifications and adopting salary rates for various listed positions (Attachment El)
and approve the Position and Classification Changes (Attachment E2); adopt
Resolution No. 10757 (CCS) of the City of Santa Monica establishing the GANN
appropriations limit for FY 2013-14 (Attachment G); approve the Proposed FY
2013-14 Human Services Grants Program (HSGP), incorporating the proposed
funding levels (Attachment Hl); approve the Proposed FY 2013-14 Organizational
Support Program (OSP) Grants for Arts and Culture Nonprofits, incorporating the
proposed funding levels (Attachment 142); authorize the City Manager to negotiate
and execute modifications to grant contracts extending their terms to June 30, 2015
for grantees of the Cultural Arts Organization Support Grant Program; authorize the
City Manager to negotiate and execute a first modification of Contract #9419 with
Venice Family Clinic, a HSGP grantee, upon the successful conclusion of the
merger of Common Ground, a HSGP grantee, with Venice Family Clinic; authorize
the City Manager to negotiate and execute a second modification to Contract #9605
in the amount of $225,000 (one-time funding) with Social and Environmental
Entrepreneurs (SEE), a California-based organization, to provide drop-in and
referral services for at -risk youth and extend the term of the Grant Agreement,
which would result in a two-year amended agreement with a new total amount not
to exceed $565,220; direct staff to work in collaboration with the Cradle to Career
Initiative and Youth Resource Team to implement coordinated and interdisciplinary
action to serve the most vulnerable older youth and their families and return to
Council to seek authorization to negotiate and execute agreements with local non -
12 June 25, 2013
profits to provide services; accept Federal Supportive Housing Program (SHP)
Renewal Grant funds from the Los Angeles Homeless Services Authority (LAHSA)
in the amount of $389,215 for Coordinated Case Management; and accept Federal
Supportive Housing Program (SHP) Renewal Grant funds from the U.S.
Department of Housing and Urban Development (HUD) in the amount of $446,822
for the Serial Inebriate Program, was presented.
Upon order of the Mayor, Items 7-G and 7-H were combined with Item 9-A.
Members of the public Trey Stamps, Bill Juarez, Julian Agula, Elias Sema, Marcos
Santana, Alex Aldana, Nathalie Hernandez, Alyssa Cornejo, Mary Cornejo, Oscar
de la Torre, Glenn Morgan, Myles Booker, George Daniels, Jerry Rubin, Taffy
Patton, Karen Melnick, Angie Cooper, Adine Forman, Francis Engler, Rachel
Torres, Daryl Former, Priscilla Cheng, Margueurite Womack, Gloria Moore,
Carolyn Baugh, Brandon Gruzen, Monica Sahagun, Paulina Sahagun, Sam Scheller,
William Ruiz, Edith Garcia, Diana Santana, Jesus Vasquez, Clinton Clad Johnson,
Christel Andersen, Leah Mendelsohn, Diana M, Angela Reid, David Mendez-
Yapkowitz, Gina De Baca, Angel Villasenor, Jesus Vasquez, Robbie Ines, and
Cheryl Rich spoke partially in favor of and partially in opposition to the
recommended action.
Members of the public Claudia Finkel, Josefma Santiago, Messiah Bailey, Danielle
Morris, Linda Armstrong, Linda Ponce, Denise Barton, Darrell Goode, and
Elizabeth Vandenburgh spoke in opposition to the recommended action.
JOINT MEETING On order of the Mayor, the City Council convened to a special joint meeting with
the Redevelopment Successor Agency, Parking Authority, Housing Authority at
8:32 p.m., with all members present.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Day, to
Councilmember introduce an ordinance amending Santa Monica Municipal Code Chapter 3.56,
Holbrook entered the Regulation of Alarm Systems, to authorize additional fines for second and
Council Chambers at subsequent false alarm responses in a single fiscal year and to authorize an alarm
11:57 p.m. registration fee. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Winterer, to
introduce an ordinance amending Section 11.04.010 and 11.04.155 of the Municipal
Code to require a payment of a fee to file election nomination papers.
Discussion ensued on the motion and the merits of the various charges.
13 June 25, 2013
The motion was approved, as amended by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: Councilmember McKeown
ABSENT: None
Councilmember McKeown stated for the record that his no vote reflects a concern
that the decision was pretty darn cheap to charge persons $25 to run for City
Council.
Considerable discussion ensued on funding of various projects.
Motion by Councilmember Davis, seconded by Councilmember O'Connor that the
City Council, Housing Authority and Parking Authority adopt Resolution No.
10752 (CCS) of the City Council of the City of Santa Monica adopting the first year
and approving the second year of the Fiscal Year 2013-15 Biennial Budget and
adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement
Program Budget at Attachment Fl, as amended by Attachment D; adopt Resolution
No. 88 (HAS) of the Housing Authority of the City of Santa Monica adopting the
first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget
and adopting the second year of the Fiscal Year 2012-14 Biennial Capital
Improvement Program Budget at Attachment F2, as amended by Attachment D;
adopt Resolution No. 253 (PAS) of the Parking Authority of the City of Santa
Monica adopting the first year and approving the second year of the Fiscal Year
2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14
Biennial Capital Improvement Program Budget at Attachment F3, as amended by
Attaclunent D.
Motion to amend by Councilmember Davis, regarding whether to include the
$72,500 for Cradle to Career in the main motion. This motion was accepted as
friendly to the seconder.
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: Councilmembers Vazquez
ABSENT: None
Motion to amend by Mayor O'Connor, seconded by Councilmember McKeown,
which was accepted as friendly by the maker and the seconder. The motion was that
the City Council, Housing Authority and Parking Authority adopt Resolution No.
10752 (CCS) of the City Council of the City of Santa Monica adopting the first year
and approving the second year of the Fiscal Year 2013-15 Biennial Budget and
adopting the second year of the Fiscal Year 2012-14 Biennial Capital Improvement
Program Budget at Attachment Fl, as amended by Attachment D; adopt Resolution
No. 88 (HAS) of the Housing Authority of the City of Santa Monica adopting the
first year and approving the second year of the Fiscal Year 2013-15 Biennial Budget
14 June 25, 2013
and adopting the second year of the Fiscal Year 2012-14 Biennial Capital
Improvement Program Budget at Attachment F2, as amended by Attachment D;
adopt Resolution No. 253 (PAS) of the Parking Authority of the City of Santa
Monica adopting the fust year and approving the second year of the Fiscal Year
2013-15 Biennial Budget and adopting the second year of the Fiscal Year 2012-14
Biennial Capital Improvement Program Budget at Attachment F3, as amended by
Attachment D; fund the following programs from the Council discretionary fund:
$72,500 for Cradle to Career; $92,688 for vocational programs; $10,000 for
additional BID funding for community events; $100,000 in Section 8 aid; $30,000
for a resident survey; $100,000 for the Santa Monica Festival; $25,000 for
assessment of playgrounds north of the pier; $6,500 for election fees; $15,000 for
the Grades for Green program; $25,000 for water self-sufficiency/Tree People; and
$100,000 for downtown parking and wayfinding; and fund $52,588 from Early
Childhood Set Aside funds. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember McKeown, to
adopt Resolution No. 10753 (CCS) entitled: "A Resolution Of The City Council Of
The City Of Santa Monica Setting Various Permit And User Fees In The Planning
And Community Development, Public Works, Police, Fire, Big Blue Bus, Finance,
Community And Cultural Services, And Library Departments." The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day, to adopt
Resolution No. 10754 (CCS) entitled: "A Resolution Of The City Council Of The
City Of Santa Monica Setting Forth The Administrative Citation Schedule Of Fines
For Certain Violations Of The Santa Monica Municipal Code, Setting Civil
Penalties For Parking Violations And For The Late Payment Of Penalties, And
Setting Fines For Police And Fire Department Responses To Excessive False Fire
Alarms of the City of Santa Monica setting various fines and penalties."The motion
was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
15 June 25, 2013
Motion by Councihmmber Davis, seconded by Mayor Pro Tem O'Day, to adopt
Resolution No. 10755 (CCS) entitled: "A Resolution Of The City Council Of The
City Of Santa Monica Establishing Parking Rates And Permit Fees For All City
Parking Facilities And Resources." The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councihnember Davis, seconded by Winterer, to adopt Resolution No.
10756 (CCS) entitled: "A Resolution Of The City Council Of The City Of Santa
Monica Establishing New Classifications And Adopting Salary Rates For Accounts
Payable Supervisor, Administrative Aide, Administrative Staff Assistant — City
Manager's Office, Airport Operations Administrator, Assistant Director -Public
Works, Broadband Services Engineer, Code Compliance Supervisor, Computer
Support Specialist, Computer Support Technician I, Computer Support Technician
Ii, Crossing Guard, Director Of Public Works, Facilities Attendant, Forensic
Technician, Graphic Designer, Internal Audit Manager, Laborer Trainee, Library
Page, Motor Coach Operator Trainee, Network Architect, Principal Sustainability
Analyst, Risk Management Technician, Senior Motor, Coach Operator Supervisor,
Senior Transit Scheduler, Senior Sustainability Analyst, Street Services Crew
Leader, Street Set -vices Supervisor, Street Services Worker I, Street Services
Worker II, Successor Agency Administrator, Sustainability Analyst, Sustainabl
Building Advisor, Sustainable Energy Engineer, Sustainable Outreach Coordinator
Sustainability Manager, Traffic Signal Maintenance Worker, Transit Safety An
Training Manager, Transit Facilities Maintenance Supervisor, Video Intern And
Water Systems Equipment Operator."
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Day, to adopt
Resolution No. 10757 (CCS) entitled "A Resolution Of The City Council Of The
City Of Santa Monica Establishing The Gann Appropriations Limit For The Fiscal
Year 2013-14." The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
16 June 25, 2013
Motion by Councilmember McKeown, seconded by Councilmember Davis, to
approve the Proposed FY 2013-14 Human Services Grants Program (HSGP),
incorporating the proposed funding levels (Attachment H1); approve the Proposed
FY 2013-14 Organizational Support Program (OSP) Grants for Arts and Culture
Nonprofits, incorporating the proposed funding levels (Attachment H2). The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember Davis, to
authorize the City Manager to negotiate and execute modifications to grant contracts
extending their terms to June 30, 2015 for grantees of the Cultural Arts Organization
Support Grant Program; authorize the City Manager to negotiate and execute a first
modification of Contract #9419 with Venice Family Clinic, a HSGP grantee, upon
the successful conclusion of the merger of Common Ground, a HSGP grantee, with
Venice Family Clinic; authorize the City Manager to negotiate and execute a second
modification to Contract #9605 in the amount of $225,000 (one-time funding) with
Social and Environmental Entrepreneurs (SEE), a California-based organization, to
provide drop-in and referral services for at -risk youth and extend the term of the
Grant Agreement, which would result in a two-year amended agreement with a new
total amount not to exceed $565,220.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion by Councilmember Davis. seconded by Councilmember Winterer. to direct
staff to work in collaboration with the Cradle to Career Initiative and Youth
Resource Team to implement coordinated and interdisciplinary action to serve the
most vulnerable older youth and their families and return to Council to seek
authorization to negotiate and execute agreements with local non -profits to provide
services. The motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSTAIN: Councilmember Vazquez
ABSENT: None
17 June 25, 2013
Motion by Councilmember McKeown, seconded by Councilmember Davis, to
accept Federal Supportive Housing Program (SHP) Renewal Grant funds from the
Los Angeles Homeless Services Authority (LAHSA) in the amount of $389,215 form
Coordinated Case Management; and accept Federal Supportive Housing Progran'i
(SHP) Renewal Grant funds from the U.S. Department of Housing and Urban
Development (HUD) in the amount of $446,822 for the Serial Inebriate Program.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the special joint meeting of the City Council, the
OF SPECIAL JOINT Redevelopment Successor Agency, Parking Authority, and the Housing Authority
MEETING was adjourned and the regular City Council meeting reconvened at 12:35 a.m.
CONTINUE WITH Motion by Councilmember McKeown, seconded by Councilmember Winterer, to
REMAINING continue with the remaining items on the agenda, past 12:35 a.m. The motion was
AGENDA ITEMS approved by voice vote, with all members present.
BOARDS/
13-A: Annual Appointments to the following Boards and Commissions:
COMMISSIONS:
No. of
Term Ending
ANNUAL
Board/Commission
Appts.
APPOINTMENTS
Airport Commission
1
6/30/2017
Architectural Review Board
2
6/30/2017
Councilmember
Holbrook was excused
Arts Commission
2
6/30/2017
at 12:35 p.m.
Building and Fire -Life Safety
3
6/30/2017
Commission for the Senior Community
2
6/30/2017
Commission on the Status of Women
3
6/30/2017
Convention and Visitors Bureau
2
6/30/2017
Disabilities Commission
3
6/30/2017
Housing Commission
2
6/30/2015
Housing Commission
2
6/30/2017
Landmarks Commission
2
6/30/2017
Library Board
1
6/30/2017
Personnel Board
1
6/30/2018
Planning Commission
1
6/30/2017
Recreation and Parks Commission
1
6/30/2017
Social Services Commission
2
6/30/2017
There were no requests to speak from members of the public.
18 June 25, 2013
On order of the Mayor, the floor was opened for nominations for re -appointments.
Councilmember McKeown nominated Stephen M. Mark to the Airport
Commission. There being no other nominations, Mr. Mark was reappointed by
acclamation, with Councilmember Holbrook absent.
Councilmember Winterer nominated John R. Ellis to the Architectural Review
Board. Mr. Ellis was reappointed by acclamation, with Councilmember Holbrook
absent.
Councilmember Winterer nominated Lynn Robb to the Architectural Review Board.
There being no other nominations, Ms. Robb was reappointed by acclamation, with
Councilmember Holbrook absent. On order of the Mayor, notation that Ms. Robb
achieved the necessary five votes for reappointment.
On order of the Mayor, appointments to the Ails Commission were continued to the
next Council meeting at which all Councilmembers would be present.
Councilmember Winterer nominated David Lawrence Gray to the Architectural
Review Board. Mr. Gray was reappointed by acclamation, with Councilmember
Holbrook absent.
Councilmember McKeown nominated Michael Ishler to the Building and Fire -Life
Safety Commission. Mr. Ishler was reappointed by acclamation, with
Councilmember Holbrook absent. On order of the Mayor, notation that Mr. Isher
achieved the necessary five votes for reappointment.
Councilmember Winterer nominated Jennie Braun to the Commission for the Senior
Community. There being no other nominations, Ms. Braun was reappointed by
acclamation, with Councilmember Holbrook absent.
On order of the Mayor, appointments to the Commission on the Status of Women
were continued to the next Council meeting at which all Councilmembers would be
present.
Councilmember Winterer nominated Ellis O'Connor to the Convention and Visitors
Bureau. Mr. O'Connor was reappointed, with Councilmember McKeown abstaining
and with Councilmember Holbrook absent.
Councilmember Winterer nominated Marti McCarty to the Disabilities Commission.
Ms. McCarty was reappointed by acclamation, with Councilmember Holbrook
absent.
Councilmember McKeown nominated Audrey Parker to the Disabilities
Commission. Ms. Parker was reappointed by acclamation, with Councilmember
Holbrook absent.
19 June 25, 2013
Councilmember Winterer nominated Rene Buchanan and Richard Hilton to the
Housing Commission. There being no other nominations, Ms. Buchanan and Mr.
Hilton were reappointed by acclamation, with Councilmember Holbrook absent.
Councilmember McKeown nominated Betty Mueller to the Housing Commission.
There being no other nominations, Ms. Mueller was reappointed by acclamation,
with Councilmember Holbrook absent.
On order of the Mayor, appointments to the Landmarks Commission were continued
to the next Council meeting at which all Councilmembers would be present.
On order of the Mayor, appointments to the Library Board were continued to the
next Council meeting at which all Councilmembers would be present.
On order of the Mayor, appointments to the Personnel Board were continued to the
next Council meeting at which all Councilmembers would be present.
Councilmember McKeown nominated Amy Anderson to the Planning Commission.
There being no other nominations, Ms. Anderson was reappointed by acclamation,
with Councilmember Holbrook absent.
On order of the Mayor, appointments to the Recreation and Parks Commission were
continued to the next Council meeting at which all Councilmembers would be
present.
Councilmember Winterer nominated Brian Chase to the Social Services
Commission. There being no other nominations, Mr. Chase was reappointed by
acclamation, with Councilmember Holbrook absent.
COMMISSION ON 13-8: Appointment to one unscheduled vacancy on the Commission on the
THE STATUS OF Status of Women for a term ending on June 30, 2016, was not presented.
WOMEN
On order of the Mayor, this item was continued to the next meeting where all
Councilmembers were expected to be present.
PUBLIC INPUT: Members of the public Denise Barton, Dhun May and Frankie Lou Thorn
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:51 a.m.
ATTEST:
4arka
an
City Clerk
APPROVED:
Pam O'Connor
Mayor
20 June 25, 2013