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CITY COUNCIL MINUTES
AUGUST 27, 2013
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:33 p.m., on
Tuesday, August 27, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook (arrived at 6:15 p.m)
Councilmember Kevin McKeown
Councilmember Ted Winterer
Absent: Councilmember Tony Vazquez
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Denise Anderson - Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with
Councilmembers Holbrook and Vazquez absent. Councilmember Winterer
led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Holbrook On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
arrived at 6 :15 p.m. closed sessions and returned at 6:38 p.m., with Councilmember Vazquez
absent, to report the following:
1 -A: Conference with Legal Counsel —Anticipated
Litigation: Anticipate significant exposure to litigation
pursuant to Government Code Section 54956.9 (d)(2) — 3
cases: 1) Sentry Control Systems 2) Goldline 3) 1 case
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -B: Conference with Legal Counsel —Potential Litigation:
Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9 (d)(4) —1 Case — Claim
Against Los Angeles County (No.12- 1102704 *001)
August 27, 2013
The City Attorney reported that the City filed against the County of Los
Angeles for being overcharged on a fee that was imposed on cities for
administrating property tax distribution under Redevelopment. She
recommended Settlement No. 9786 (CCS) in the amount of $458,715.92.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to approve Settlement Agreement No. 9786 (CCS). The motion was
approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Vazquez
REPORT ON MEETING Pursuant to a new State law, Assistant City Clerk Denise Anderson - Warren
COMPENSATION announced respectively that Council will receive no compensation for
meeting as the Redevelopment Successor Agency and Public Financing
Authority, and will receive $50 for meeting as the Housing Authority and
$50 for meeting as the Parking Authority.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
JOINT SPECIAL Councilmember for discussion.
MEETING WITH HA,
PFA, PA & RDA There being a Consent Calendar for the Redevelopment Successor Agency,
SUCCESSOR AGENCY Housing Authority, Parking Authority, and Public Financing Authority the
Mayor with the consensus of Council combined the Consent Calendars into
a joint meeting so as to hear them concurrently.
Members of the public Ellen Harman, Derek Kiley, Denise Barton, Ken
Robin, and Jerry Rubin commented on various Consent Calendar items.
At the request of the City Manager, Item 3 -K was removed from the
Consent Calendar.
Motion by Commissioner /Agency /Authority /Councilmember Holbrook,
seconded by Commissioner /Agency /Authority/Councilmember Winterer,
to approve the Consent Calendar except for Item 3 -K, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Commissioner /Agency /Authority/Coancihnembers McKeown,
Davis, Holbrook, Winterer, Vice Chair /Chair Pro Tem/Mayor
Pro Tem O'Day, Chair/Mayor O'Connor
NOES: None
ABSENT: Commissioner/ Agency /Authority/ Councilmembers Vazquez
SELECTIVE TRAFFIC 3 -A: California Office of Traffic Safety Grant — recommendation to
ENFORCEMENT GRANT authorize the City Manager to accept no match grant Award No. 9787
(CCS) award from the California Office of Traffic Safety, in the amount of
August 27, 2013
$140,000 in support of the Selective Traffic Enforcement Program, and
authorize budget changes, was approved.
SOBRIETY 3 -B: UC Berkeley Sobriety Checkpoint Grant — recommendation to
CHECKPOINT GRANT authorize the City Manager to accept no match grant Award No. 9788
(CCS) from the University of California Berkeley - Safe Transportation
Research and Education Center, in the amount of $45,000 in support of the
Sobriety Checkpoint Grant Program, and authorize budget changes, was
approved.
AFFORDABLE HOUSING 3 -C: Affordable Housing Production Program (AHPP) Fee
FEES Resolutions — recommendation to adopt Resolution No. 10763 (CCS)
entitled: "A Resolution of the City Council of The City of Santa Monica
Automatically Adjusting The Affordable Housing Unit Base Fee For New
Market -Rate Multifamily Development Pursuant to Santa Monica
Municipal Code Section 9.56.070(B) Based on Changes in Construction
Costs and Land Costs," and Resolution No. 10764 (CCS) entitled: "A
Resolution of the City Council of The City of Santa Monica Automatically
Adjusting The Affordable Housing Unit Development Cost Pursuant to
Santa Monica Municipal Code Section 9.56.070(C) Based on Changes in
Construction Costs and Land Costs," was adopted.
SOFTWARE AND 3 -D: Software License and Maintenance Contracts for Electronic
MAINTENANCE Imaging and Document Management System — recommendation to
CONTRACTS authorize the City Manager to negotiate and execute software license and
maintenance Award No. 9789 (CCS) with Laserfiche, in an amount not to
exceed $159,981 for the sole source purchase of software licenses,
maintenance and related services for five years to provide an electronic
imaging and document management system with future year funding
contingent on Council budget approval, was approved.
TRANSIT PROJECT 3 -E: Transit Project Marketing Services — recommendation to
MARKETING authorize the City Manager to negotiate and execute a Professional
Set-vices Agreement No. 9790 (CCS), with Pulsar Advertising, in an
amount not to exceed $305,942 for Transit Project Marketing Services for
two years, with three additional one -year renewal options in the amount of
$152,971 per year, for a total amount not to exceed $764,855 over a five -
year period with future year funding contingent on Council budget
approval, was approved.
HOUSING LINKAGE FEE 3 -17: Agreement Amendment for Commercial Development Linkage
Fee — recommendation to authorize the City Manager to negotiate and
execute a second modification to Professional Set-vices Agreement No.
9791 (CCS) with Rosenow Spevacek Group, Inc. in the amount of $16,400
to complete the scope of work associated with preparing the Commercial
Development /Affordable Housing Linkage Fee, resulting in a one -year
amended agreement with a new total amount not to exceed $76,330, was
approved.
3 August 27, 2013
BEACH RESTROOM 3 -G: Award Construction Contract for the 2400 Ocean Front Walk
REPLACEMENT Beach Restroom Replacement Project — recommendation to authorize the
PROJECT City Manager to negotiate and execute Contract No. 9792 (CCS), with
G2K Construction, Inc., in an amount not to exceed $711,700 for the 2400
Ocean Front Walk (OFW) Beach Restroom Replacement Project, and
approve changes, was approved.
MOSS PUMP STATION 3 -H: Professional Engineering Services for Moss Avenue Pump Station
IMPROVEMENT Improvements Project — recommendation to authorize the City Manager
PROJECT to negotiate and execute Professional Services Agreement No. 9793 (CCS),
with Lee & Re, Inc., in an amount not to exceed $83,640 to provide
engineering services and prepare a Preliminary Engineering Report for the
Moss Avenue Pump Station Improvements Project; and approve changes,
was approved.
VOTER SURVEY FOR 3 -I: Professional Services Agreement with Fairbank, Maslin,
POTENTIAL BALLOT Maullin, Metz & Associates for Voter Survey for a 2014 Potential
MEASURE Ballot Measure — recommendation to authorize the City Manager to
negotiate and execute Contract No. 9794 (CCS), with Fairbank, Maslin,
Maullin, Metz & Associates, in an amount not to exceed $27,800 to
conduct a voter survey on a potential ballot measure for the 2014 election,
was approved.
ADOPT ATA, STA, AND 3 -J: Adopt Resolution No. 10765 (CCS) entitled: "A Resolution of
EPP MOU'S The City Council of The City of Santa Monica Authorizing the City
Manager To Execute Various Memoranda of Understanding as well as
Execute a Revised Executive Pay Plan," was adopted.
JOINT SPECIAL 3 -L: Approval of minutes of various meetings of the Housing
MEETING MINUTES Authority, Parking Authority, Redevelopment Successor Agency,
Public Financing Authority, were approved.
On order of the Mayor /Chair, the Special Joint Meeting of the City
Council, the Redevelopment Successor Agency, the Housing Authority, the
Parking Authority, and the Public Financing Authority was adjourned at
6:55 p.m., and the regular meeting of the City Council reconvened with
Councilmember Vazquez absent.
PARKING REVENUE 3 -K: Purchase New Parking Revenue and Access Control System —
AND ACCESS CONTROL recommendation to authorize the City Manager to negotiate and execute a
SYSTEM contract with WPS USA Corporation, in an amount not to exceed
$4,800,000 for the purchase, installation and maintenance of the Parking
Access and Revenue Control System for the downtown parking structures,
Main Library parking structure, Civic Center parking facilities, Ken
Edwards Center, and Pier Deck parking lot, with three additional one year
renewal options in the amount of $600,000, for a total amount not to
exceed $5,400,000 over a ten year period, with future year funding
contingent on Council approval; the purchase and installation proposed
4 August 27, 2013
amount is not to exceed $3,400,000 and a maintenance and service amount
not to exceed $200,000 annually, was presented.
City Manager Rod Gould advised that he removed this item because the
City became aware of a possible conflict of interest with a person who sat
as a rater on the board making the final decision for the contract. Staff is
now suggesting to reject all bids and to direct staff to complete a new
Request For Proposal (RFP) process to maintain the integrity of our
purchasing decisions.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve the recommendation to reject all proposals and direct
staff to complete a new Request for Proposal (RFP) process. The motion
was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Vazquez
STUDY SESSION: 4 -A: 2013 -2021 General Plan Housing Element, First Draft for
DRAFT HOUSING Public Review — recommendation that City Council review and provide
ELEMENT PLAN comments on the initial Draft 2013 -2021 Housing Element and direct staff
to proceed with transmittal to the State Department of Housing and
Community Development for its initial review, was presented.
Questions were asked and answered of staff about various parts of the Draft
Plan.
Members of the public Denise Barton, Nancy Morse, Neal Richman,
Catherine Eldridge, and Christel Andersen, commented on the item.
Discussion ensued on the merits of the recommendation including, but not
limited to: Senior housing and aging in place; retrofitting housing for
seniors as well as disabled; creating a range of housing for seniors; creating
senior housing in areas that have better access to transportation; creating
appropriate housing depending on the family makeup; a much stronger
commitment to affordable housing; balancing jobs and housing numbers;
too many single resident occupancy (SRO) units; making Senior and First
Responders a Priority in upcoming Development Agreements; using
marketing incentives to create affordable housing; and, setting attainable
housing goals.
On order of the Mayor, this item was received and filed, and direction was
given to staff.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2438 (CCS)
DOMESTIC entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
PARTNERSHIP OF SANTA MONICA AMENDING CHAPTERS 4.40 AND 4.60 OF THE
5 August 27, 2013
PROTECTION SANTA MONICA MUNICIPAL CODE TO EXPAND DOMESTIC
PARTNERSHIP PROTECTIONS TO CONFORM WITH STATE LAW,"
was presented.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, 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,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Vazquez
STAFF 8 -A: 4th /5"' and Arizona Exclusive Negotiating Agreement —
ADMINISTRATIVE recommendation that City Council authorize the City Manager to negotiate
ITEMS: and execute Exclusive Negotiating Agreement, with the team led by
4 "' and 5th STREETS Metropolitan Pacific Capital, Clarett West, and DLJ West Capital, to
DEVELOPMENT develop the City -owned property between 4th and 5th Streets, south of
Arizona Avenue; and direct staff to work with the Development Team to
incorporate affordable housing into the proposed development, was
presented.
Members of the public Troy Foster, Rachel Torres, Kathleen Rawson, Jerry
Rubin, generally spoke in favor of the recommendation and provided
suggestions on how the plan could be improved.
Members of the public Ellen Hannan, Denise Barton, Ken Robin, Christel
Andersen, and Patricia Bauer spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to:
parking; affordable housing; availability to open space; the open corner
concept not being inviting; being able to control the retail space; financing;
and, not having enough public involvement in the decision - making process.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to direct staff to go back to the top two finalist Metropolitan Pacific Capital
and Related California to have the two developers come back with a
summary responses to the questions raised by the City Council and the
public. The motion was approved by the following vote:
AYES: Councilmembers Davis, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: Councilmember Holbrook
ABSENT: Councilmember Vazquez
1258 5' STREET 8 -B: Approval of Preservation Covenant for the Downtown Post
PRESERVATION Office Building at 1258 5th Street — recommendation that the City Council
COVENANT approve the proposed preservation covenant for the Downtown Post Office
6 August 27, 2013
building, was presented.
Members of the public Moshe Alon, Margaret Bach, Jerry Rubin, and
Roger Genser, expressed concerns, but spoke generally in favor of the
recommended action.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Winterer,
Mayor Pro Tem O'Day
NOES: Mayor O'Connor
ABSENT: Councilmember Vazquez
Mayor O'Connor stated for the record that her "no" vote was because even
though she feels this is a historical building, this is not the way to go about
preserving it.
COUNCILMEMBER 13 -A: Request of Councilmember McKeown that, pursuant to the
DISCUSSION ITEMS: Airport Commission's recommendation of July 3rd, that the Council
SUPPORT LEGISLATION express the City's support for legislation intended to control helicopter
TO CONTROL noise over Greater Los Angeles, specifically two federal bills: -- S.208,
HELICOPTER NOISE Los Angeles Residential Helicopter Noise Relief Act of 2013 (Sen.
Feinstein) -- H.R.456, Los Angeles Residential Helicopter Noise Relief
Act of 2013 (Rep. Schiff); and one proposed State action: -- SJR 7, Los
Angeles Residential Helicopter Noise Relief Act of 2013 (Sen. Lieu and
Sen. Pavley); and convey our support to appropriate state and federal
legislators, our Governor, and our President, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve the recommendation. The motion was unanimously
approved by voice vote, with Councilmember Vazquez absent.
CLARIFY LOCAL 13 -B: Request of Mayor Pro Tem O'Day and Councilmembers
PARKING POLICIES McKeown and Winterer that staff prepare an amendment to
Municipal Code section 3.16.120, clarifying our local parking policies
to encourage electric and other low- or zero - emission vehicle adoption
by removing unintended consequences caused by having linked those
policies to changing state rules, and return to the Council at a future
meeting for discussion and possible adoption, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to approve the recommendation. The motion was approved by
voice vote, with Mayor O'Connor opposing, and Councilmember Vazquez
7 August 27, 2013
absent.
PUBLIC INPUT: Members of the public David Whatley, Art Casillas, and Christel Andersen
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:27
p.m. in memory of Roween G. Kissinger.
ATTEST:
NO2 MGM _D
Denise Anderson - Warren am O'Connor
Assistant City Clerk ayor
August 27, 2013