m-111114CITY OF SANTA MONICA
1 1'► ' U C'
NOVEMBER 11, 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, November 11, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:36 p.m.)
Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Absent: Councilmember Robert T. Holbrook
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:34 p.m.,
with Councilmember Holbrook and Mayor O'Connor absent.
Mayor O'Connor arrived at Councilmember McKeown led the assemblage in the Pledge of Allegiance.
5:36p.m.
CONSENT ITEM Motion by Councilmember McKeown, seconded by Councilmember Davis,
WITHDRAWN to remove Item 3 -C from the agenda at the request of staff.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
closed sessions and returned at 7:01 p.m., with Councilmember Holbrook
absent, to report the following:
1 -A: Public Employee Evaluation:
Title of Employee: City Clerk
The City Attorney advised this matter was heard with no reportable action
taken.
I -B: Conference with Legal Counsel — Existing Litigation —
November 11, 2014
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): New Cingalar v. City of Alameda, et al., Los
Angeles Superior Court Case Number BC 462 270
The City Attorney advised this matter was heard with no reportable action
taken.
1 -C: Conference with Legal Counsel- Existing Litigation — Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Jason Teague and Virginia Teague v. City of Santa
Monica, Los Angeles Superior Case Number BS 151 044
The City Attorney advised this litigation arises from a property owner
desiring to build an elevator to allow disabled access. The City Attorney
recommended settlement to grant an accommodation and variance.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve Settlement No. 9995 (CCS), as recommended by the City
Attorney.
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
1 -D: Conference with Labor Negotiator.
City Negotiator: Donna Peter, Director of Human
Resources
Bargaining Units: United Transportation Union (UTU)
Coalition of Santa Monica City
Employees
The City Attorney advised this matter was heard with no reportable action
taken.
1 -E: Conference with Donna Peter, Director of Human Resources
regarding the recruitment for City Manager.
The City Attorney advised this matter was not heard.
1 -F: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to the Government
Code Section 54956.9(d)(1): Craig R. Miller et al. v. City of Santa
Monica, Los Angeles Superior Court Case No. BC 492 621
2 November 11, 2014
The City Attorney advised this litigation arises from a dispute regarding the
City's bus advertisement policy. The City Attorney recommended
settlement in the amount of $95,000, which will result in a dismissal.
Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Day, to
approve Settlement No. 9996 (CCS), as recommended by the City
Attorney.
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
PUBLIC INPUT: Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day,
to allow public speaker Aloha Soto speak on a number 14 item before the
Consent Calendar. The motion was approved by a unanimous voice vote,
with Councilmember Holbrook absent.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Marcy Winograd (donated time by Linda Piera-
Avila) and Denise Barton commented on various Consent Calendar items.
At the request of Councilmember McKeown, Item 3 -13 was removed from
the Consent Calendar.
Motion by Councilmember Vazquez, seconded by Councilmember
Winterer, to approve Consent Calendar Items 3 -A, 3 -D and 3 -E, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
MINUTES 3 -A: The minutes for the October 28, 2014, City Council meeting were
approved.
CUSTODIAL SERVICES 3 -C: Award Custodial Services Contracts for Various City Facilities
— recommendation to: 1) Award Bid #4150 to Executive Suite Services,
Inc., and authorize the City Manager to negotiate and execute a contractual
services agreement in an amount not to exceed $257,229 for custodial
cleaning services at the Santa Monica Pier for FY 2014 -15, with five
additional one -year renewal options in a cumulative amount of $3,089,282,
November 11, 2014
for a total amount not to exceed $3,346,511 over a five year and six month
period, with future renewals and funding contingent on Council budget
approval and with a 30 -days termination clause. Executive Suite Services'
contract amount for FY 2015 -16, the first full year of service, would be an
amount not to exceed $569,097; and award bid and authorize the City
Manager to negotiate and execute a contractual services agreement with
Lee's Maintenance Service, Inc., in an amount not to exceed $370,699 for
custodial cleaning at the Public Safety Facility, the Civic Center, and City
offices at various locations for FY 2014 -15, with five additional one -year
renewal options in a cumulative amount of $3,866,893, for a total amount
not to exceed $4,237,592 over a five year and six month period, with future
renewals and funding contingent on Council budget approval and with a
30 -days termination clause. Lee's Maintenance Service's contract amount
for FY 015 -16, the first full year of service, would be in an amount not to
exceed $750,523; and, authorize budget changes, was not heard.
WATER METERS 3 -1): Purchase of Water Meters for Automatic Meter Infrastructure
(AMI) Pilot — recommendation to award a purchase order for the purchase
of approximately 1,700 water meters to Badger Meter, Inc., in the amount
of $220,000 for participation in an Advance Meter Infrastructure (AMI)
pilot program, was approved.
COST ALLOCATION 3 -E: Professional Services Agreement for Cost Allocation Plan and
PLAN User Fee /Cost of Services Study — recommendation to authorize the City
Manager to negotiate and execute professional services Agreement No.
9934 (CCS) with MGT of America, Inc., to develop and prepare a new
Cost Allocation Plan and conduct a comprehensive citywide review of user
fees and charges, in an amount not to exceed $102,100 over a three -year
period, with future year funding contingent on City Council budget
approval, was approved.
PARKING OPERATIONS 3 -13: Modification to Parking Operations Contract — recommendation
to authorize the City Manager to negotiate and execute a seventh
modification to Contract 49050 (CCS) in the amount of $490,000 per
month for up to twelve months with Central Parking System, for operation
and maintenance of the City's off - street parking facilities. This will result
in a six -year, six month amended contract with a new total amount not to
exceed $36,722,296, was presented.
Councilmember McKeown advised that he removed Item 3 -B to obtain
information on the item.
Motion by Councihnember McKeown, seconded by Mayor Pro Tem
O'Day, to approve the staff recommendation.
The motion was approved by the following vote:
4 November 11, 2014
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
ORDINANCES: 7 -A: Introduction and first reading of an Ordinance adopting
1112 —1122 PICO Development Agreement 12DEV008 to allow a new 32,088 square -foot,
BOULEVARD 45- foot -tall residential building consisting of 32 rental units (all two -
bedroom units) at 1112 -1122 Pico Boulevard. The two -level
subterranean parking garage consists of 64 parking spaces. The
project site consists of approximately 18,978 square feet, and is located
in the High Density Multiple Family Residential (114) Zoning District.
On August 27, 2014, the Planning Commission recommended that the
City Council approve the Development Agreement with specified
modifications for the City Council's consideration, was presented.
The applicant made a presentation in favor of the project.
Members of the public Jerry Rubin, Joey Vermeylen, Wade Killefed, Lewis
Perkins, Tricia Crane, Tom Byron, Catherine Eldridge and Brian Deno
spoke generally in favor of the recommended action.
Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Day, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof.
Motion to amend by Councilmember Winterer to modify water meter
language as proposed by staff to state that "Developer will provide meters
for each unit at the Project which measure the water usage (hot and cold) of
each unit and shall ensure that each unit, except the four Affordable Units,
will be charged separately for the water usage in each unit. The
measurement of water usage may be with individual water meters or sub -
meters from a master meter. The location of all water meters shall be in a
common area accessible for reading and monitoring by the City at all time.
The design, installation, and location shall be subject to the prior approval
of the City."
The motion was accepted as friendly by the maker and seconder.
Motion to amend by Councilmember Winterer to provide direction to the
Architectural Review Board review courtyard plantings and Pico Boulevard
entrance plantings. The motion was accepted as friendly by the maker and
seconder.
The motion was approved by the following vote:
November 11, 2014
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
STAFF
8 -A: Award of Contract for Bikeshare Installation, Launch and
ADMINISTRATIVE
Operations and Related Program Policy Direction — recommendation
ITEMS:
that the City Council: 1) Authorize the City Manager to negotiate and
BIKE SHARING SYSTEM
execute Contract No. 9935 (CCS) with CycleHop, LLC, in an amount not
to exceed $5,615,567 for the purchase, installation, and operation of a 500 -
bicycle bike sharing system, with two additional renewal options in the
amount of $4,790,013, for a total amount not to exceed $10,408,580 over
an eight -year period, with future year funding contingent on Council
approval and budget adoption; 2) Direct the City Manager to pursue
corporate sponsorship funding, either directly through an agency, to
provide a minimum of $250,000 per year and return to Council for
approval of a specific sponsor(s) prior to system launch. Corporate
messaging for the sponsor would be displayed on bikeshare bicycles, on-
line, in hard copy bikeshare materials and recognition during the system
launch; 3) Direct staff to pursue the development of a system identify that
is distinct fiom association with any corporate sponsor, incorporates the
color green for sustainability, includes the Metropolitan Transportation
Authority (Metro) logo, and provides some opportunities for local
expression within a regional system; and return to Council in January with
a recommendation; 4) Provide direction on the proposed rate and
membership structure and direct staff to continue to coordinate with the
Metro and return to Council with a recommended fee resolution; 5)
Approve the recommended policy and approach for siting bikeshare
stations; and, 6) Direct the City Attorney to prepare an ordinance
prohibiting use of bikeshare station racks except for parking of bikeshare
bicycles, was presented.
Members of the public Carl Hansen, Travis Phan, Jerry Rubin, Josh
Kurpies, Brian Derro, Michael Feinstein, Matthew Lehman, Cynthia Rose,
Genise Schnitman, and Eric Weinstein spoke generally in favor of the
recommended action.
Members of the public Ann Thanawalla (donated time by Lauren Russak),
Laura Wilson, Denise Barton, Brenda Barnes, Michael Cahn, John C.
Smith, and Zoe Muntaner, spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to
pricing structure, corporate sponsorship, and bike operations.
6 November 11, 2014
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Holbrook
Staff direction was provided.
RESOLUTIONS: 11 -A: Amendment of Preferential Parking Zones QQ & YY —
PREFERENTIAL recommendation that City Council: Reclassify the 2700 block of
PARKING Washington Avenue between Princeton and Harvard Streets from Zone YY
to Zone QQ and amend the regulations on this block to "2 hour parking
between 9 a.m. and 6 p.m. Monday through Friday, except by permit: and
approve Resolution No. 10846 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
PREFERENTIAL PARKING ZONES QQ AND YY AND AMENDING
RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" CCS BY
REPLACING EXHIBIT A ", was presented.
There was no one present for public comment onthis item.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councihnembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day
NOES: Mayor O'Connor
ABSENT: Councilmember Holbrook
COUNCILMEMBER 13 -A: Appointment to two unscheduled vacancies on the Architectural
DISCUSSION ITEMS: Review Board for terms ending on June 30, 2015 and June 30, 2017,
ARCHITECTURAL was presented.
REVIEW BOARD
There was no one present for public comment on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Patrick Tighe for the term ending on
2017.
Mr. Tighe was appointed by acclamation with a unanimous vote in his
favor, with Councilmember Holbrook absent.
7 November 11, 2014
Councilmember McKeown nominated Therese Kelly for the term ending
on 2015.
Ms. Kelly was appointed by acclamation with a unanimous vote in her
favor, with Councilmember Holbrook absent.
SOCIAL SERVICES 13 -B: Appointment to one unscheduled vacancy on the Social Services
COMMISSION Commission for a term ending on June 30, 2017, was presented.
There was no one present for public comment on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Anthony Perez.
Mr. Perez was appointed by acclamation with a unanimous vote in his
favor, with Councilmember Holbrook absent.
SANTA MONICA 13 -C: Appointment to one vacancy on the Santa Monica Library
LIBRARY BOARD Board for a full term ending on June 30, 2018, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Victor Davich.
Mr. Davich was appointed by acclamation with a unanimous vote in his
favor, with Councilmember Holbrook absent.
URBAN FOREST TASK 13 -D: Recommendation to accept John Cyrus Smith's resignation
FORCE from the Urban Forest Task Force and authorize the City Cleric to
publish the vacancy.
Motion by Mayor O'Connor, seconded by Councilmember Vazquez, to
accept the resignation with regret.
The motion was approved by a unanimous voice vote, with Councilmember
Holbrook absent.
PUBLIC INPUT: Members of the public Denise Barton, Jake Murrey, Art Casillas,
Johnathan Foster, Zoe Muntaner (donated time by Kaya Masler)
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:12
p.m. in memory of Carmela Garcia and Ruben Mosqueda.
8 November 11, 2014
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED:
am O'Connor
rayor
November 11, 2014