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CITY COUNCIL MINUTES
FEBRUARY 11, 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:31 p.m., on
Tuesday, February 11, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tem Terry O'Day (arrived at 5:44 p.m.)
Councilmember Gleam Davis (arrived at 5:40 p.m.)
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:41 p.m.)
Councilmember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present except Mayor Pro Tem O'Day and Councilmembers
Vazquez and Davis. Councilmember Winterer led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Davis On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
arrived at 5:40 p.m. closed sessions and returned at 7:17 p.m., with all members present, to
report the following:
Councilmember Vazquez 1 -A: Conference with Legal Counsel — Existing Litigation —
arrived at 5:41 p.m. Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): City of Santa Monica v. United States of
Mayor Pro Tem O'Day America, Federal Aviation Administration and Michael P. Huerta, in
arrived at 5:44 p.m. 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 February 11, 2014
1 -B: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54656.9(d)(1): Minin v. City of Santa Monica, Los Angeles
Superior Court Case Number SC 116 644
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve Settlement No. 9876 (CCS), related to a bus accident, in the
amount of $187,500. 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
1 -C: Conference with Legal Counsel — Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) — 5 cases: 1) Claim of Dunn and
Robhana; 2) 1650 and 1660 Lincoln Boulevard (NMS Properties); 3)
423 Ocean Avenue; 4 and 5) 2 cases
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to approve Settlement No. 9877 (CCS) in the 423 Ocean Avenue matter, a
stand -still agreement arising out of a claim related to a landmarked property
owner's application for a certificate of economic hardship.
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
1 -D: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): McKnight v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 450336
The City Attorney advised this matter was heard and no reportable action
was taken.
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced respectively
COMPENSATION that Council will receive no compensation for meeting as the
Redevelopment Successor Agency.
CONSENT CALENDAR: There being a Consent Calendar each for the City Council and the
Redevelopment Successor Agency, on order of the Mayor, and with
2 February 11, 2014
consensus of Councilmembers, the Council convened to a joint meeting
with the Redevelopment Successor Agency at 7:20 p.m. and the two
Consent Calendars were held concurrently. All items were considered and
approved in one motion unless removed by a Councilmember for
discussion.
ROLL CALL FOR SPECIAL JOINT ME, ETIlNG:
PRESENT: Agency /Councilmembers Vazquez, Davis, Holbrook,
Winterer, McKeown, Chair Pro Tem/Mayor Pro Tem O'Day,
Chair/Mayor O'Connor
NOES: None
ABSENT: None
Members of the public Denise Barton and Marc Abraham commented on
various Consent Calendar items.
Motion by A eg_ncy /Councilmember McKeown, seconded by
Agency /Councilmember Vazquez, to approve the Consent Calendar,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Agency /Councilmembers Vazquez, Davis, Holbrook,Winterer,
McKeown, Chair Pro Tem/Mayor Pro Tern O'Day,
Chair /Mayor O'Connor
NOES: None
ABSENT: None
MINUTES 3 -A: The minutes of the January 14, 2014, City Council meeting were
approved.
MEETING 3 -B: Cancellation of a regular Council meeting scheduled for
CANCELLATION Tuesday, March 11, 2014, was approved,
PRINT SHOP 3 -C: Award a Non - Renewable Lease Agreement for One Xerox
Color Copy Machine for the City's Print Shop — recomrendation to
award Bid No. 4105 and authorize the City Manager to execute contract
service Agreement No. 9869 (CCS) with Xerox Corporation, in the amount
of $346,020, for a five -year period for the lease and maintenance of one
color copy machine, with future year funding contingent on Council budget
approval, was approved.
SANTA MONICA 3 -D: Santa Monica Festival Production Services — recommendation to
FESTIVAL authorize the City Manager to negotiate and execute a professional
services Agreement No. 9870 (CCS) with Community Arts Resources
(CARS), in the amount of $100,000 annually to produce the Santa Monica
3 February 11, 2014
Festival in 2014 and 2015 with options in 2016, 2017 and 2018, was
approved.
HAZARDOUS 3 -E: Purchase of One Hazardous Materials Training Tanker Prop
MATERIALS TRAINING System — recommendation to authorize the City Manager to negotiate and
execute Contract No. 9871 (CCS) with Fireblast Global, in an amount not
to exceed $250,092, for the purchase and delivery of a mobile hazardous
material tanker live fire training prop system, was approved.
ZONING ORDINANCE 3 -F: Professional Services Agreement with Dyett & Bhatia to
UPDATE provide additional work associated with the Zoning Ordinance update
— recommendation to authorize the City Manager to negotiate and execute
Contract No. 9872 (CCS) with Dyett & Bhatia, in the amount of $20,000,
to provide professional services to assist with the completion of the City's
Zoning Ordinance update, resulting in a total amount not to exceed
$1,753,470, including a previously awarded contract with Dyett & Bhatia
for related services, was approved.
FURNITURE 3 -G: Professional Services Agreement for Knoll Furniture
PROCUREMENT Procurement and Consulting Services — recommendation to authorize the
City Manager to negotiate and execute professional services Agreement
No. 9873 (CCS) with Western Office Interiors, to provide Knoll furniture
procurement and consulting services for three years in an amount not to
exceed $620,000, with future year funding contingent on Council budget
approval, was approved.
BERKELEY STREET 3 -11: Professional Services Agreement Modification for Berkeley
TRAFFIC ENGINEERING Street Traffic Engineering Study — recommendation to authorize the City
STUDY Manager to negotiate and execute Professional Services Agreement No.
9874 (CCS) with Stantec Consulting Services, Inc., in the amount of
$30,000 to provide design services to implement recommendations of the
Berkeley Street Traffic Engineering study, resulting in a three year
amended agreement with a new total amount not to exceed $90,000, was
approved.
RECOGNIZED 3 -I: Recognized Obligation Payment Schedule: July 2014 through
OBLIGATION PAYMENT December 2014 and Administrative Budgets — recommendation that the
SCHEDULE FOR JULY Santa Monica Redevelopment Successor Agency (Agency), adopt
2014 — DECEMBER 2014 Resolution No. 17 (SA) entitled: "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING
AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR JULY 2014 — DECEMBER 2014 ", and Resolution No.
18 (SA) entitled: "A RESOLUTION OF THE SANTA MONICA
REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND
ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD
JULY 2014 — DECEMBER 2014, INCLUSIVE ", was adopted.
4 February 11, 2014
ADJOURNMENT OF The special meeting of the Redevelopment Successor Agency was
SPECIAL MEETING adjourned at 7:24 p.m., and the regular City Council meeting reconvened,
with all members present.
ORDINANCES: 7 -A: Second Reading and Adoption of Ordinance No. 2454 (CCS),
168126168126 STREET entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A
MUNICIPAL CORPORATION, AND HINES 26' STREET LLC, A
DELAWARE LIMITED LIABILITY COMPANY ", was presented.
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 Holbrook, Davis, Mayor Pro Tern O'Day,
Mayor O'Connor
NOES: Councilmembers McKeown; Winterer, Vazquez
ABSENT: None
STAFF
On order of the Mayor, the City Council convened to a special joint
ADMINISTRATIVE
meeting with the Redevelopment Successor Agency and the Housing
ITEMS:
Authority, with all members present.
SPECIAL JOINT
MEETING
8 -A: Financial Status Update and FY 2013 -14 Midyear Budget -
recommendation that the City Council, Housing Authority, and Successor
FINANCIAL STATUS
Agency to the Santa Monica Redevelopment Agency: appropriate FY
UPDATE
2013 -14 midyear expenditure and revenue budget adjustments and approve
corresponding adjustments to the FY 2014 -15 budget plan as detailed in
Attachment A to the report; recommends that the City Council: receive the
FY 2013 -14 through FY 2017 -18 Financial Status Update; adopt a policy to
set aside funds to be used towards payments to Ca1PERS to reduce the
City's unfunded retirement liability; adopt Resolution No. 10799 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING NEW
CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
ADMINISTRATIVE PROJECT MANAGER, AIRPORT MANAGER,
ASSISTANT TO THE CITY MANAGER, CHIEF FINANCIAL
OFFICER, CODE ENFORCEMENT MANAGER, CODE
ENFORCEMENT OFFICER 1, CODE ENFORCEMENT OFFICER 11,
CODE ENFORCEMENT SPECIALIST, CODE ENFORCEMENT
SUPERVISOR, COMMUNICATIONS CENTER ADMINISTRATOR,
DEPUTY CITY MANAGER, OFFICE MANAGER TO THE CITY
MANAGER, PUBLIC SAFETY DISPATCHER, DIRECTOR OF
PUBLIC WORKS /AIRPORT DIRECTOR, FORENSICS SERVICES
5 February 11, 2014
ADMINISTRATOR, GRAPHIC DESIGN ASSISTANT, JAIL
SERVICES ADMINISTRATOR, LEAD ANIMAL CONTROL
OFFICER, LEAD CODE ENFORCEMENT OFFICER, LEAD
PUBLIC SERVICES OFFICER, LEAD SOFTWARE SYSTEMS
ANALYST- PERMITTING, NETWORK CONSTRUCTION
ASSISTANT, PARKING MANAGER, POLICE RECORDS
ADMINISTRATOR, POLICE SERVICES ADMINISTRATOR,
PUBLIC SERVICES OFFICER, PUBLIC SERVICES OFFICER
SUPERVISOR, PUBLIC WORKS CONSTRUCTION SPECIALIST,
SOFTWARE SYSTEMS ANALYST — PERMITTING, URBAN FOREST
CONTRACT SUPERVISOR, WATER PRODUCTION AND
TREATMENT PLANT SUPERVISOR, ZERO WASTE ASSISTANT';
approve the position and classification changes detailed in Attachment C;
adopt Resolution No. 10800 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING
PORTIONS OF THE CITY'S SCHEDULE OF 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" of the City of Santa Monica setting various
rates and fees in Attachment D; authorize the City Manager to accept a
grant award in the amount of $469,971 from the Los Angeles County
Metropolitan Transportation Authority (LACMTA) for the Federal
Transportation Administration (FTA) New Freedom Funds for Door
Through Door services for older adults and persons with disabilities, and to
accept all grant renewals; authorize the City Manager to negotiate and
execute grant Agreement No. 9875 (CCS) with WISE & Healthy Aging, a
California -based not - for -profit corporation, in an amount not to exceed
$30,132 for the provision of New Freedom - funded attendant services for
the Door Through Door program with future year funding contingent on
Council budget approval; and receive public comment on Community
Development Block Grant (CDBG) and Home Investment Partnership Act
(HOME) Program funds, was presented.
Member of the public Jerry Rubin spoke generally in favor of the
recommended action.
Member of the public Denise Barton spoke generally in opposition to the
recommended action.
Motion by Aeencv /Councilmember Winterer. seconded by Chair Pro
Tem/Mayor Pro Tern O'Day, to move the staff recommendation, reading
resolutions by title only and waiving further reading thereof, with
additional direction to include the $15.50 living hourly wage in requests for
interest.
6 February 11, 2014
Motion to amend by Agency /Councilmember McKeown, to leave the
unfilled position in the City Clerk's office as is, and add the half position as
needed to the City Manager's office.
The motion was friendly to the maker and the seconder.
The motion was approved by the following vote:
AYES: Agency /Councilmembers Vazquez, Davis, Holbrook,
Winterer, McKeown, Chair Pro Tem/Mayor Pro Tem O'Day,
Chair /Mayor O'Connor
NOES: None
ABSENT: None
ADJOURNMENT OF On order of the Chair /Mayor, the special joint meeting with the City
SPECIAL JOINT Council, Redevelopment Successor Agency, and the Housing Authority
MEETING was adjourned at 8:13 p.m., and the regular City Council meeting was
reconvened, with all members present.
SAFE ROUTES TO 8 -B: Review and Approve the Conceptual Design of the Samohi Safe
SCHOOL Routes to School Project — recommendation that the City Council:
approve the conceptual design for the Samohi Safe Routes to School
project; and, direct staff to complete construction drawings and release
bids for construction for the Michigan Avenue /7tt' Street portion of the
project, was presented.
Members of the public Keith Hill, Jack Graham, Olive Sherman, Michael
Lappen, Claire Goldberg, Marcos Santana, Angel Villasenor, Marcus
Tappen, Esteban Ramos, Jean Armbruster, Jerry Rubin, Kevin Person,
Addie Lloyd, Anya Sturm, Grace Phillips, Cris Gutierrez, Bryan Beretta,
Cynthia Rose, Alison Kendall and Muhammad Yusuf Tosf, spoke generally
in favor of the recommended action.
Members of the public Karen Melick (donated time by Clare Thomas) and
Phil Brock spoke generally in opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to
location of bike lanes, potential sites for bike racks, traffic, and traffic light
synchronization.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O,Dav, to adopt the staff recommendation with updated attachments as
presented by staff. The motion was approved by the following vote:
7 February 11, 2014
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
NEIGHBORHOOD 8 -C: Adoption of Michigan Avenue Neighborhood Greenway
GREENWAY CONCEPT Concept Plan — recommendation that the City Council: approve the
PLAN conceptual design of the Michigan Avenue Neighborhood Greenway; and,
direct staff to pursue opportunities for priority and phased implementation
through grants, community benefits, and capital projects, was presented.
Mayor Pro Tern O'Day stated that he was recusing himself because he
Mayor Pro Tem O'Day was resides within 500 feet of the project area. He then left the Council
excused at 9:33 p.m. Chambers for the evening.
Members of the public Gloria Garvin (donated time by Paul Bailey), Oscar
de la Torre (donated time by Maria Loya), Cris McLeod, Jeremy States,
Ellen Sevy, Diane Rome, and Christel Andersen spoke generally in favor
of the recommended action without traffic diverters.
Eric Weinstein, Brian Derro, Jossimar Fuentes, Cris Gutierrez, Gary Goren,
Cynthia Rose (donated time by Bryan Beretta), Alison Kendall, Michael
Brodsky, Eileen Schaubert, Eileen Schaubert, Kent Stumpell (donated time
by Scott Sing), Barbara Filet, Michael Feinstein, and Phil Brock spoke
generally in favor of the recommended action.
Members of the public Fernanda Gray, Elliot Goldberg, Delores Sloan,
David Gonzolas, Art Casillas, and Andrew Hoyer spoke generally in
opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to daily
car trip targets, use of easements by Michigan Avenue, public process and
outreach,
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt the staff report but leaving diverters in the toolbox but not to be
installed unless expressly decided by the City Council, and to amend the
staff report to include a more long range target of 1500 daily trips.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tern O'Day
8 February 11, 2014
COUNCILMEMBER 13 -A: Request of Councilmember Winterer that the Council direct
DISCUSSION ITEMS: staff to advocate that the California Public Utilities Commission
AB 327 implement a 30 year transition period for changes to net metering
contracts for existing solar electric facilities, as prescribed by AB 327,
was presented.
Christel Andersen spoke generally in support of the proposed action.
Motion by Councilmember Winterer, seconded by Mayor O'Connor, to
approve the request. The motion was approved by unanimous voice vote,
with all members present except Mayor Pro Tern O'Day.
ELLIS ACT 13 -B: Request of Councilmember McKeown that the Council
authorize staff and our Sacramento lobbyist to urge that Santa Monica
be able to opt -in to potential Ellis Act reform, was presented.
Christel Andersen spoke generally in support of the proposed action.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve request. The motion was approved by unanimous voice vote,
with all members present except Mayor Pro Tent O'Day.
PUBLIC INPUT: Members of the public Michael Toney, Denise Barton, Art Casillas, and
Christel Andersen commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at
11:25pm, with Mayor Pro Teat O'Day absent.
ATTEST:
5_1V &L �
Sarah P. Gorman
City Clerk
:' 10
Pam O'Connor
Mayor
9 February 11, 2014