m-011414CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 14, 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:34
p.m., on Tuesday, January 14, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:37 p.m.)
Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Cleric Sarah P. Gorman
CONVENEXLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:34 p.m.,
with all members present, except Mayor O'Connor. Councilmember
Vazquez led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Mayor O'Connor arrived at On order of the Mayor Pro Tem, the City Council recessed at 5:36 p.m., to
5:37p.m. consider closed sessions and returned at 6:54 p.m., with all members
present, to report the following:
1 -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): City of Santa Monica v. United States of
America. Federal Aviation Administration and Michael P. Huerta. in
his Official Capacity as Administrator of the FAA, United States
District Court Case Number 2:31 -CV 8046 JFW (VBKx)
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) —1 case
January 14, 2014
CONSENT CALENDAR:
The City Attorney advised this matter was 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) — Kim v. City of Santa Monica and Santa Monica Police
Department Officer Buns, Los Angeles Superior Court Case No. SC
117306
The City Attorney recommended a settlement of $45,000, related to an
automobile accident matter.
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
approve Settlement No. 9861(CCS), related to an automobile accident
matter, in the amount of $45,000. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tent O'Day, Mayor O'Connor
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) — Lexion v. City of Santa Monica, Los Angeles
Superior Court Case No. BC 453353
The City Attorney recommended settlement of $120,000 in a matter
relating to the accommodations made for a City employee who suffered an
on the job injury.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve Settlement No. 9862(CCS), related to an employee
accommodations matter, in the amount of $120,000. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tent O'Day, Mayor O'Connor
NOES: None
ABSENT: None
All items were considered and approved in one motion unless removed by
a Councilmember for discussion.
Members of the public Norman Reynolds, Denise Barton and Jerry Rubin
January 14, 2014
commented on various Consent Calendar items.
At the request of Councilmember McKeown, Item 3 -E and 3 -P were
removed from the Consent Calendar.
Upon staff recommendation, Council withdrew Item 3 -N from the
calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
Winterer, to approve the Consent Calendar except for Item 3 -E, 3 -N, and
3 -P, reading resolutions 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 Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
MINUTES 3 -A: Approval of minutes of November 26, 2013, December 10, 2013,
and December 17, 2013 City Council meetings, were approved.
MANAGEMENT 3 -13: Agreement for Interim Management Assistance and
CONSULTING SERVICES Management Consulting Services — recommendation to authorize the
City Manager to negotiate and execute Professional Services Agreement
No. 9853 (CCS) with Management Partners in an amount not to exceed
$98,600 for interim management assistance, and a Professional Services
Agreement No. 9854 (CCS) in an amount not to exceed $39,500 for an
organization review in Office of Sustainability and the Environment, was
approved.
BUSINESS LICENSE 3 -C: Business License Tax Modernization Review Services -
REVIEW SERVICES recommendation that City Council direct staff to research options for
modernizing the business license tax program with a focus on improving
customer service while maintaining revenue neutrality, was approved.
BUS PURCHASES 3 -1): Agreement with Gillig LLC to Purchase 40 -foot Buses — —
recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9855 (CCS) with Gillig LLC, to furnish and deliver 40-
foot, low floor, Compressed Natural Gas (CNG) powered transit buses for
the next five years at the guaranteed pricing established through a joint
procurement consortium of 22 transit agencies led by Central Contra Costa
Transit Authority (CCCTA), in Concord, California, was approved.
HOUSING - RELATED 3 -F: Application for California Housing- Related Parks Program
PARKS PROGRAM Grant — recommendation that City Council adopt Resolution No. 10793
GRANT (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
3 January 14, 2014
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO SUBMIT A GRANT APPLICATION FOR THE STATE HOUSING -
RELATED PARKS GRANT PROGRAM, AND TO EXECUTE ALL
GRANT DOCUMENTS ", was adopted.
HISTORIC RESOURCE 3 -G: Modification of Agreement with PCR Services Corporation to
ANALYSIS Provide Historic Resource Analysis — recommendation to authorize the
City Manager to negotiate and execute professional services Agreement
No. 9857 (CCS) with PCR Services Corporation, in the amount of $40,000
to provide professional services in the field of historic preservation,
resulting in a 4 year contract for a total of $105,000, was approved.
TRAFFIC SIGNAL 3 -11: Purchase Order Modification for Traffic Signal Upgrade
UPGRADE Equipment — recommendation to approve a modification to purchase
order #331163 -000 -P with C.T. & F., Inc., in the amount of $36,734, to
include additional traffic signal upgrade equipment, resulting in a revised
purchase order total not to exceed $766,734, was approved.
COUNCIL RULES 3 -I: Revision to Council Rules to Donating Time to Other Public
Speakers— recommendation that the City Council adopt Resolution No.
10794 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING THE RULES OF
ORDER AND PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS AND REPEALING RESOLUTION
NUMBER 10643 (CCS) ", was adopted.
BEACH PARKING 3 -J: Construction Contract for the Real -Time Beach Parking
Project — recommendation to: authorize the City Manager to negotiate and
execute Contract No. 9858 (CCS) with Select Electric, Inc., in an amount
not to exceed $1,503,754 for the construction of the Real -Time Beach
Parking Project; to issue any necessary change orders to complete
additional work within contract authority; and, appropriate the budget
increases, was approved.
PICO LIBRARY 3 -K: Professional Services Agreement Modification for Pico Library
Furniture Procurement — recommendation to authorize the City
Manager to negotiate and execute a first modification to Professional
Services Agreement No. 9783 (CCS), with Interior Office Solutions in the
amount of $41,345 to provide additional furniture procurement services to
complete the Pico Branch Library Project, resulting in an amended
agreement total not to exceed $197,542, was approved.
VEHICLE TIRES 3 -L: Purchase Order Increase and Bid Award for Passenger and
Light Duty Vehicle Tires — recommendation to approve a change order
to Purchase Order No. 22854 with Byron Woodley Tire Company, Inc., in
the amount of $40,000 to cover outstanding invoices for the purchase and
4 January 14, 2014
delivery of passenger and light duty vehicle tires and provision of related
services for the first half of FY 2013 -14, resulting in a revised purchase
order total not to exceed $45,428; and, award Bid No. 4119 for the
purchase and delivery of passenger and light duty vehicle tires and
provision of related services to Byron Woodley Tire Company, Inc. in an
amount not to exceed $40,000 for the remainder of FY 2013 -14, with two
one -year options for $85,000 per year to renew at the same price, terms,
and conditions, for a total award amount not to exceed $210,000 over a
three year period, with future funding contingent on Council budget
approval, was approved.
WATER FEATURE 3 -M: Bid Award for Water Feature Maintenance and Repairs —
recommendation to award Bid #174114 to Advanced Aquatic Technology,
Inc., in an amount not to exceed $80,000 for the remainder of FY 2013 -14
to provide water feature maintenance services and repairs beyond the
warranty at Tongva Park and Ken Genser Square, with two additional one-
year renewal options in the amount of $156,900 for the second year and a
3% increase for the third year, for a total amount not to exceed $398,507
over a three -year period, with funding contingent upon Council budget
approval, was approved.
AUDITING SERVICES 3 -N: Auditing Services for the City of Santa Monica —
recommendation to authorize the City Manager to negotiate and execute a
second modification to Professional Services Agreement #9373 (CCS)
with Macias Gini & O'Connell, in the amount of $40,000 to provide
financial auditing services, resulting in a five -year amended agreement
with a new total amount not to exceed $793,281, with future year funding
contingent on Council budget approval, was withdrawn.
MOU WITH TEAMSTERS 3 -0: Memorandum of Understanding with California Teamsters
LOCAL 911 Local 911 Public, Professional & Medical Employees Union —
recommendation that the City Council adopt Resolution No. 10795 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE MEMORANDUM OF UNDERSTANDING NO. 9859 (CCS)
WITH THE CALIFORNIA TEAMSTERS LOCAL 911 PUBLIC,
PROFESSIONAL & MEDICAL EMPLOYEES UNION," was adopted.
DOWNTOWN 3 -E: Award Contract for Third Street Promenade and Wilshire
WAYFINDING Boulevard Pilot Project — recommendation to authorize the City Manager
PILOT PROJECT to negotiate and execute Contract No. 9856 (CCS) with AD /S Companies,
in an amount not to exceed $96,811 for the fabrication and installation of
two map cases and one wayfinding pylon at the north -end of the Third
Street Promenade near Wilshire Boulevard, as part of a pilot project, and
approve any necessary change orders to complete additional work within
budget authority, was presented.
5 January 14, 2014
Councilmember McKeown advised that he removed this item for L
discussions about public participation regarding the pylon.
Discussion ensued on topics including the public process for the item.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
O'Day, to adopt the staff recommendation. The motion was approved 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 he voted no because
he believed that the public process was inadequate for such a sizeable
installation.
PARKING CONTROL 3 -P: Purchase New Parking Access and Revenue Control System —
SYSTEM recommendation that the City Council authorize the City Manager to
negotiate and execute Contract No. 9860 (CCS) with DataPark USA Inc.
in
an amount not to exceed $5,000,000 for the purchase, installation, and up
to
10 years of maintenance of the Parking Access and Revenue Control
System with License Plate Recognition (LPR) for the downtown parking
structures, Main Library parking structure, Civic Center parking facilities,
Ken Edwards Center, and Pier Deck parking lot, with future year
maintenance funding contingent on Council approval, was presented.
Councilmember McKeown advised that he removed this item for
information from staff regarding retention of license plate recognition
information.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt the staff recommendation with direction to remain
sensitive to the retention of data and specifically that the data will be
retained for no more than 90 days. 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
6 January 14, 2014
ORDINANCES: 7 -A: Second Reading and Adoption of Ordinance No. 2452 (CCS)
TENANT entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
PARTICIPATION OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE
SECTION 4.36.085 AND AMENDING SECTION 4.36.090
PROHIBITING AGREEMENTS THAT LIMIT TENANTS FROM
ENGAGING IN PUBLIC PROCESS ", was presented.
Motion by Councilmember Holbrook, seconded by Councilmember Davis,
to adopt Ordinance No. 2452 (CCS), 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 Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
LUCE 7 -B: Second Reading and Adoption of Interim Ordinance No. 2453
(CCS) entitled, "AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA EXTENDING
INTERIM ORDINANCE NUMBER 2439 (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, AUTHORIZED EXISTING
NONCONFORMING AUTOMOBILE DEALERSHIP USES AND
MINOR EXPANSIONS THERETO IN RESIDENTIAL AND "A" OFF -
STREET PARKING OVERLAY ZONES, MODIFIED THE
REQUIREMENTS FOR MINISTERIAL PROCESSING OF 100%
AFFORDABLE HOUSING OF 50 OR FEWER UNITS,
MODIFIED FLOOR AREA RATIO CALCULATIONS IN THE
DOWNTOWN DISTRICT FOR OUTDOOR DINING, PROVIDED AN
INTERIM USE PERMIT APPROVAL PROCESS FOR THE
BERGAMOT PLANNING AREA AND CLARIFIED THAT THE
BERGAMOT AREA PLAN DEVELOPMENT STANDARDS FOR TIER
1 PROJECTS AND AUTHORIZED USES SUPERSEDE THE
REQUIREMENT OF THE ZONING ORDINANCE TO THE EXTENT
OF ANY INCONSISTENCY ", was presented.
Motion by Councilmember Holbrook, seconded by Councilmember Davis,
January 14, 2014
to adopt Ordinance No. 2453 (CCS), 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 Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
STAFF 8 -A: Resource Recovery & Recycling Rate Study and Adoption of
ADMINISTRATIVE Zero Waste Strategic Plan - recommendation to adopt the Zero Waste
ITEMS: Strategic Plan to achieve 95% diversion from the landfill by 2030; approve
ZERO WASTE a three year plan to increase Resource Recovery & Recycling rates and
STRATEGIC PLAN approve the establishment of a 5% operating reserve; and approve the
setting of a public hearing in April 2014, in accordance with Proposition
218, to adopt Resource Recovery & Recycling rate increases, was
presented.
Members of the public Dan Domonoske and Jerry Rubin spoke generally
in favor of the recommended action.
Member of the public Denise Barton spoke generally in opposition to the
recommended action.
Discussion ensued on topics including, but not limited to recycling.
Motion by Councitmember McKeown, seconded by Councilmember
Vazquez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
TWILIGHT CONCERT 8 -B: Framework for the 2014 Twilight Concert Series —
SERIES recommendation that the City Council review and comment on
modifications to the Twilight Concert Series' (TCS) framework to
reposition the TCS as a community- focused Pier event, with minimal
beach overflow, and direct staff to continue to work with the Pier
Corporation to right -size the event, ensure public safety, and conform to
existing law; approve gap funding to the Pier Corporation in an amount
not to exceed $200,000 for the 2014 TCS; and authorize budget changes,
was presented.
Members of the public Judy Abdo, Britney Seelinger, Troy Harris,
8 January 14, 2014
Theresa Luster, Brian Hauser, Lance Moseley, McKenzie McQuown, Ali
Mirrasekbian, Clarissa Pinto Ribeiro, Lisa Lascody, Brent Stanton, Tara
Lewis, Laura Check, John Catoe, Jerry Rubin, Michael Feinstein, Joe
Fisher, Ellen Brennan and Ken Robin spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to size
of attendance, sponsorships, public safety issues and the timing of
changes.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve staff recommendations with amendments to remove
the jumbotron, but retain the speakers and state that movement of the stage
must be accompanied by guaranteed mitigation for nearby residents to
those residents' satisfaction.
Motion to amend by Councilmember Davis, to rethink signage restrictions
on the pier to allow the Pier Board to obtain better sponsorship. The
motion was friendly to the maker and the seconder.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
SUSTAINABLE CITY 8 -C: Adopt Amendments to the Sustainable City Plan —
PLAN recommendation to establish indicators and targets for the Arts and
Culture Goal Area, add a Sustainability Bill of Rights Guiding Principle;
and adopt an updated Sustainable City Plan with indicators and targets for
2020, was presented.
Members of the public Leslie Tamminen, Jerry Rubin and Mark Gold
spoke generally in favor of the recommended action.
Members of the public Denise Barton, Lenore Morrell, Cris Gutierrez,
Andrew Hoyer and spoke generally in opposition to the recommended
action.
Considerable discussion ensued on topics including, but not limited to
support for the arts and food issues and empowerment.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt the staff recommendation with direction to staff to
investigate how empowerment and volunteering might be reintroduced,
9 January 14, 2014
and to add extremely low income households to the chart of housing goal
area on page City Council 238.
Motion to amend by Councilmember Davis to ask staff to determine
whether or not they could compose a metric for high quality childcare and
preschool. The motion was friendly to the maker and the seconder.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
CIVIC ENGAGEMENT 8 -D: Community Civic Engagement Strategy — recommendation that
the City Council approve the Community Civic Engagement Strategy
(CCES) and direct staff to implement the initiative, was presented.
Members of the public Andrew Hoyer and Carter Rubin spoke generally in
favor of the recommended action.
Members of the public Denise Barton and Lenore Morrell spoke generally
in opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to,
expanding the group of persons engaged with the City and holding a civic
engagement hackathon.
Staff direction was provided.
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
approve the community engagement strategy and directing staff to
implement the initiative. 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
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Commission
DISCUSSION ITEMS: on the Status of Women for a term ending on June 30, 2015, was
COMMISSION ON THE presented.
STATUS OF WOMEN
No members of the public were present to speak.
On order of the Mayor, the floor was opened for nominations.
10 January 14, 2014
Mayor O'Connor nominated Rachel Lynn Torres.
Ms. Torres was appointed by acclamation, with all Councilmembers
present.
SANTA MONICA FAULT 13 -B: Request of Councilmember McKeown that the Council, in the
MAPPING interest of public safety and greater certainty on upcoming
development issues, urge the Governor and state legislature to fund
timely completion of scheduled mapping of the Santa Monica Fault,
was presented.
Member of the public Denise Barton spoke in support to the proposed
action.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt the recommendation. The motion was approved
unanimously by voice vote, with all members present.
PUBLIC INPUT: Members of the public Peter Kosenko, Christopher Sutton, Dyda Theresa
Adams and Andrew Hoyer commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:40
p.m. in memory of Jesus Garcia, Rosemary Romero Miano and Shirley
Danley.
ATTEST: APPROVED:
1 Ibk
Sarah P. Gorman Pam O'Connor
City Clerk Mayor
11 January 14, 2014