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m-092314CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 23, 2014 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:34 p.m., on Tuesday, September 23, 2014, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Terry O'Day (arrived at 5:45 p.m.) 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 Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:34 p.m., with Mayor Pro Tem O'Day absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. Mayor Pro Tem O'Day On order of the Mayor, the City Council recessed at 5:37 p.m., to consider arrived at 5:45 p.m. closed sessions and returned at 6:52 p.m., with all members present, to report the following: 1 -A: Public Employee Evaluation: Title of Employee: City Clerk The City Attorney advised this matter was not heard. 1 -13: Conference with Labor Negotiator. City Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Municipal Employees Association (MEA) California Teamsters Local 911 (Teamsters) United Transportation Union (UTU) The City Attorney advised this matter was heard and no reportable action was taken. September 23, 2014 1 -C: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Express Pipe and Supply a FAME, City of Santa Monica et al., Los Angeles Superior Court Case Number SC 122 897 The City Attorney advised this matter was heard and no reportable action was taken. 1 -D: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Redden et al, v. Kokotakis et al., Los Angeles Superior Court Case Number BC 545 191 The City Attorney advised this matter was heard and no reportable action was taken. 1 -E: Conference with Legal Counsel — Anticipated Litigation — Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2):1 case The City Attorney advised this matter was heard and no reportable action was taken. 1 -F: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Riel v. City of Santa Monica, United States District Court, Central District, Western Division Case Number 2:14 - CV -04692 The City Attorney advised this matter was heard and no reportable action was taken. 1 -G: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Craig R. Miller et al. v. City of Santa Monica, Los Angeles Superior Court Case No. BC 492621 The City Attorney advised this matter was heard and no reportable action was taken. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and Aczain (Brian Hutchings) commented on various Consent Calendar items. Clerk Gorman stated that for Item 3 -A, Item 8 -A speaker Ann Thanwalla spoke in opposition to the recommended action, and the minutes as included reflected that change. 2 September 23, 2014 At the request of Councihnember Vazquez, Item 3 -D was removed from the Consent Calendar. At the request of Councilmember Winterer, Item 3 -E was removed from the Consent Calendar. Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to approve the Consent Calendar consisting of Item 3 -A as with the noted change reflected in the item, Items 3 -B — 3 -C, and Items 3 -F — 3 -I, 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 Tent O'Day, Mayor O'Connor NOES: None ABSENT: None MINUTES 3 -A: The minutes of September 9, 2014 City Council meeting, were approved. NATURAL GAS 3 -13: Purchase and Delivery of Seven 60' Low -Floor Articulated POWERED BUSES Compressed Natural Gas Powered Buses — recommendation to execute assignment Agreement No. 9969 (CCS) with San Diego Metropolitan Transit System and New Flyer of America, Inc., to release seven 60' low - floor articulated Compressed Natural Gas (CNG) powered transit buses from SDMTS contract B0570.02 -12 and assign them to the City; to negotiate and execute contract Agreement No. 9970 (CCS) with New Flyer of America, Inc. to furnish and deliver seven 60' low -floor articulated CNG - powered transit buses in an amount not to exceed $6,825,464, including base bus, delivery, tax, spare parts and contingency; and to issue a Notice to Proceed (NTP) to New Flyer of America, Inc. to furnish and deliver seven 60' low -floor articulated, CNG - powered transit buses, was approved. CREDIT CARD 3 -C: Second Modification to Agreement with TransFirst Health and PROCESSING SERVICES Government Services, Inc. for Credit Card Processing Services — recommendation to authorize the City Manager to negotiate and execute a second modification to contract 9082 (CCS) in the amount of $1,000,000 with TransFirst Health and Government Services, Inc. to continue to provide merchant account processor services for credit card payments related to City fees and services, resulting in a five -year amended contract with a new total not to exceed amount of $7,350,000, with future year funding contingent on City Council budget approval, was approved. RIDE ATTENDANT 3 -F: Award and Modify Agreement for Ride Attendant Services for SERVICES Older Adults and Persons with a Disability — recommendation to award federal New Freedom fiords for "Door Through Door Ride Attendant Services" to WISE & Healthy Aging; and authorize the City Manager to 3 September 23, 2014 negotiate and execute a second modification to Funding Agreement No. 9875 (CCS) in the amount of $146,544 for ride attendant and outreach services, resulting in a three year agreement for a total amount not to exceed $176,676, was approved. JUSTICE ASSISTANCE 3 -0: 2014 Edward Byrne Memorial Justice Assistance Grant — GRANT recommendation to authorize the City Manager to accept a grant awarded in the amount of $31,585 from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant for interoperable communications equipment; and authorize budget changes, was approved. PUBLIC SAFETY RADIO 3 -H: Public Safety Radio System Maintenance Agreement — SYSTEM recommendation to authorize the City Manager to negotiate and execute sole source Radio Maintenance Agreement No. 9972 (CCS) with Motorola Solutions, Inc., for maintenance of the public safety radio system in an amount not to exceed $200,000, with four additional one -year renewal options in a cumulative amount of $800,000 for a total amount not to exceed $1,000,000 over a five -year period with future year funding contingent on Council budget approval, was approved. EXPO COMPENSATION 3 -I: Expo Compensation for City -owned Property — recommendation to authorize the City Manager to accept compensation of $44,800 from the Exposition Construction Authority (Expo) for the City's grant of an easement for 160 square feet of City -owned property located at 1800 Stewart associated with the Exposition Light Rail Transit Project; and dedicate a 950- square foot portion of City -owned property located at 502 Colorado Avenue as public right -of -way to address vehicular and pedestrian access, was approved. PIPE SCREENS PROJECT 3 -1): Reject Proposals for the Design, Manufacture, Delivery and Installation of Catch Basin Connector Pipe Screens Project — recommendation to reject all proposals received on July 3, 2014, for professional and general contracting services, to design, manufacture, deliver and install catch basin connector pipe screens; and direct staff to issue a request for bids (RFB) to obtain the best bidder for general contracting services for sizing, manufacture, delivery, and installation of catch basin connector pipe screens at various catch basins throughout the City, was presented. Councilmember Vazquez advised that he removed to obtain information about rejection of proposals. Discussion ensued regarding the proposal process. Motion by Councilmember Vazquez, seconded by Councilmember Winterer, to continue with the award and have staff meet with the rejected vendor. Councilmember Vazquez withdrew the motion due to legal concerns. 4 September 23, 2014 Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day, to approve staff 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 CIVIC AUDITORIUM 3 -E: Agreement with HR &A Advisors, Inc. to Provide Consulting PLANNING PROCESS Services in Conjunction with the Civic Auditorium Planning Process and the Civic Working Group — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9971 (CCS) with HR &A Advisors, Inc, to provide consulting services in conjunction with the planning efforts of the Civic Working Group and will include a full team of specialized sub - consultants, in the amount of $377,665, resulting in a two year amended agreement with a total amount not to exceed $452,695; and authorize budget changes, was presented. Councilmember Winterer advised that he removed the item to obtain further information about the bidding process. Discussion ensued regarding the bidding process. Motion by Councilmember Winterer, seconded by Councilmember Davis, to approve staff recommendation. 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 ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance Amending the ELECTRONIC SMOKING Anti - Smoking Law to Regulate Electronic Smoking Devices The Same DEVICES As Traditional Cigarettes, was presented. Members of the public Robert Donin, Trisha Roth, Ricardo Torres, Monty Messex, Jerry Rubni, Carol Riel, Griffin Riel, Beth Miller, William Evans, Robin Sherry, and George George spoke generally in favor of the recommended action. Motion by Councilmember Davis, seconded by Councilmember Vazquez, to introduce and hold first reading of 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, 5 September 23, 2014 McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: None HOUSING 7 -B: Affordable Housing Commercial Linkage Fee and Parks and COMMERCIAL Recreation Impact Fee — recommendation that Council introduce for first LINKAGE FEE/PARKS reading ordinances that create an affordable housing commercial linkage AND RECREATION fee and a parks and recreation impact fee to facilitate developer IMPACT FEE contributions to affordable housing and parks and recreation and achieve Council objectives in those areas, was presented. Members of the public Neil Richman, Patricia Barkley, and Phil Brock spoke generally in favor of the recommended action. Member of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Councilmember Vazquez, seconded by Councilmember Davis, to approve the staff recommendation to introduce for first reading an ordinance that would establish an affordable housing commercial linkage free ranging from $3.07 to $11.21 per square foot, depending on the type of commercial use. Motion to amend by Councilmember McKeown, to modify the affordable housing commercial linkage fee to 10 %. The motion was friendly to the maker, but not friendly to the seconder. Councilmember Vazquez withdrew his motion. Motion by Councilmember Vazquez, seconded by Councilmember McKeown to modify the affordable housing commercial linkage fee to 10 %. The motion failed by the following vote: AYES: Councilmembers Vazquez, McKeown NOES: Councilmembers Davis, Holbrook, Winterer, Mayor Pro Tern O'Day, Mayor O'Connor ABSENT: None Motion by Councilmember Vazquez, seconded Councilmember Davis, to approve the staff recommendation to introduce for first reading an ordinance that would establish an affordable housing commercial linkage free ranging from $3.07 to $11.21 per square foot, depending on the type of commercial use. AYES: Councilmembers Winterer, Holbrook, Davis, Vazquez Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmember McKeown ABSENT: None 6 September 23, 2014 Councilmember McKeown stated for the record that he voted no because he believes that this was the time to have achieved some real revenue for affordable housing. Waiting to negotiate on development agreements has historically shown to not be productive; and he thinks we have given too much away and this vote shows that we may continue to give too much away. Motion by Councilmember Davis, seconded by Councilmember Winterer, to introduce for first reading an ordinance that would establish a parks and recreation impact fee of $4,138 to $7,636 per residential unit and $1.27 to $3.11 per square foot of nonresidential development, depending on the land use. 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 STAFF 8 -A: Interim Update On Enforcement Of City's Tenant Harassment ADMINISTRATIVE Ordinance, Status Of Law, And Proposed Change In Staffing — update ITEMS: on staff s prior recommendation that the City Council review and comment TENANT HARASSMENT on the administration and enforcement of the City's Tenant Harassment ORDINANCE Ordinance and proposed future actions to educate the public, improve investigations and increase compliance with the law and direct staff to return with proposals related to additional staffing, was presented. Members of the public Patricia Barkley, Cris McLeod, Denise Barton, Nicole Phillis, Lauren Outland, Daniel Westcott, Leslie Geriscoff, Meghann Keough, Sue Himmehich, Lyle Bro, Jennifer Kennedy, Eileen Carry (donated time by Barbara Bozman), Nina Edwards, Michael Tarbet (donated time by George George), Diane Miller (donated time by Nancy Thompson), Maria Loya, Denise McGrahahan (donated time by Lily Houston), Sonya Sultan, Catherine Eldridge, Linda Piera - Avila, Gabrielle Rosco, Lenita Sanborn, and Beth Leder -Pack spoke generally in favor of the recommended action. Members of the public Denise Barton, Art Casillas, and Zoe Muntaner (donated time by Dhun May), spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to education of judges of Santa Monica laws, filing of buyout offers with the City, rebuttal presumption of particular amounts of inspections causing harassment, recording of agreements between prior owners, increased penalties for harassing seniors, the disabled and section 8 persons, devoting resources to train pro born, attorneys, training of judges in Santa Monica rent laws, use of the term malice in the law, approval of hiring a half time 7 September 23, 2014 employee in the City Attorney's office in a speedy manner, and analysis of the Legal Aid letter. Staff direction was provided. COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Social Services DISCUSSION ITEMS: Commission for a term ending on June 30, 2016, was presented. SOCIAL SERVICES COMMISSION On order of the Mayor, the item was continued to the October 14, 2014 meeting. ANNUAL 13 -13: Annual Appointments to the following Boards and APPOINTMENTS Commissions: Boards /Commission No. of Term Appts. Ending Airport Commission 1 6/30/2018 Architectural Review Board 2 6/30/2018 Arts Commission 2 6/30/2018 Commission for the Senior 3 6/30/2018 Community Commission on the Status of 2 6/30/2018 Women Convention and Visitors Bureau 3 6/30/2018 Disabilities Commission 3 6/30/2018 Downtown Santa Monica, Inc. 3 6/30/2018 Housing Commission 2 6/30/2018 Landmarks Commission 3 6/30/2018 Library Board 2 6/30/2018 Personnel Board 1 6/30/2019 Planning Commission 1 6/30/2018 Recreation & Parks Commission 2 6/30/2018 Social Services Commission 2 6/30/2018 On order of the Mayor, appointments to the Architectural Review Board, Arts Commission, Commission for the Senior Community, Convention and Visitors Bureau, Disabilities Commission, Downtown Santa Monica, Inc., Landmarks Commission, Library Board, Planning Commission, Recreation & Parks Commission, Social Services Commission were continued to the October 14, 2014 meeting. On order of the Mayor, the floor was opened for nominations to the Airport Commission. Councihnember McKeown, nominated Suzanne Paulson. There being no other nominations, Ms. Paulson was appointed by acclamation with a unanimous vote in her favor. 8 September 23, 2014 On order of the Mayor, the floor was opened for nominations to the Commission on the Status of Women. Councilmember McKeown nominated Rebecca Lantry and Sylvia Ghazarian. There being no other nominations, Ms. Lantry and Ms. Ghazarian were appointed by acclamation with unanimous votes in her favor. On order of the Mayor, the floor was opened for 2 appointments to the Housing Commission. Mayor O'Connor, nominated Joanne Leavitt. Ms. Leavitt was appointed by acclamation with unanimous votes in her favor. Councilmember Davis nominated Blayne Sutton -Wills to the Housing Commission. Councilmember McKeown nominated Michael Soloff to the Housing Commission. Michael Soloff was appointed with the following vote: Sutton - Wills: Councilmember Davis, Mayor Pro Tern O'Day, Mayor O'Connor Soloff: Councilmembers Vazquez, Holbrook, Winterer, and McKeown On order of the Mayor, the floor was opened for nominations to the Personnel Board. Councilmember Davis nominated Elliot Gordon. There being no other nominations, Mr. Gordon was approved by acclamation with a unanimous vote in his favor. ARTS COMMISSION 13 -C: Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2015, was presented. On order of the Mayor, the item was continued to the October 14, 2014 meeting. COMMISSION FOR THE 13 -1): Appointment to one unscheduled vacancy on the Commission SENIOR COMMUNITY for the Senior Community for a term ending on June 30, 2015, was presented. On order of the Mayor, the item was continued to the October 14, 2014 meeting. 9 September 23, 2014 ARCIIITECTURAL 13 -E: Recommendation to accept Pamela Burton and John Ellis' REVIEW BOARD resignation from the Architectural Review Board and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Winterer, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present. SOCIAL SERVICES 13 -F: Recommendation to accept Brian Chase's resignation from the COMMISSION Social Services Commission and authorize the City Clerk to publish the vacancy. Motion by Councihnember Davis, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present. PUBLIC INPUT: Members of the public Denise Barton, Aczain (Brian Hutchings), Zoe Muntaner, Dhun May, People of California, Walt Davis, and Johnathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:26 p.m. ATTEST: APPROVED: Sarah P. Gorman Pam O'Connor City Clerk Mayor 10 September 23, 2014