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