m-121614CITY OF SANTA MONICA
CITY COUNCIL MINUTES
16, 2014
A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:31 p.m., on
Tuesday, December 16, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Vazquez
Councilmember Gleam Davis
Councilmember Sue Himmelrich (arrived at 5:38 p.m.)
Councilmember Pam O'Connor (arrived at 5:43 p.m.)
Councilmember Terry O'Day
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 5:32 p.m., with
Councilmember Mmmelrich and Councilmember O'Connor absent.
Mayor Pro Tem Vazquez led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Himmelrich On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
arrived at 5:38 p.m. closed sessions and returned at 6:39 p.m., with all members present, to
report the following:
Councilmember O'Connor
arrived at 5:43 p.m. 1 -A: Public Employee Evaluation:
Title of Employee: City Clerk
Mayor McKeown advised that the evaluation was completed and the Clerk
would receive the next salary increase.
l -B: Consideration of Interim City Manager Appointment
Mayor McKeown advised that the Council selected Elaine Polachek as the
Interim City Manager, with a salary of $27,452 per month.
1 -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Code Section 54956.9 (d)(1): Sully - Miller Contracting, Inc., v.
December 16, 2014
City of Santa Monica, Claim Case Number 1210031663
The City Attorney advised this matter was heard with no reportable action
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. City of Santa
Monica, Los Angeles Superior Court Case Number BC 545 191
The City Attorney advised this matter was not heard.
1 -E: Anticipated Litigation — Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(d)(2) —
1 case: Claim of Ray Lee.
The City Attorney advised this litigation arises from a personnel issue and
that there is also a simultaneous workers compensation claim. The City
Attorney recommended settlement of $45,000 for the personnel item, not
including the workers' compensation claim.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve the Settlement No. 10007 (CCS), as recommended by the City
Attorney.
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: None
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
No members of the public commented on Consent Calendar items.
City Clerk Gorman stated that the staff report for 3 -B had clerical errors in
the Executive Summary. She stated that the text should read "FY 2013 -14.
The total Child Care Linkage Fee revenues for FY 2013 -14 are $3,013.36."
At the request of Councilmember Davis, Item 3 -D was removed from the
Consent Calendar.
Motion by Mayor Pro Tem Vazquez, seconded by Councilmember
Winterer, to approve the Consent Calendar except for Item 3 -D, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
2 December 16, 2014
AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
MINUTES 3 -A: The minutes of the November 25 and December 9, 2014 City
Council meetings were approved.
CHILD CARE LINKAGE 3 -13: Annual Report on the City's Child Care Linkage Program —
PROGRAM recommendation that recommends that the City Council receive the Child
Care Linkage Program Annual Report for Fiscal Year 2013 -14, in
compliance with Santa Monica Municipal Code 9.72.090, was approved.
BIG BLUE BUS 3 -C: Increase Purchase Order for Big Blue Bus Security Service —
SECURITY SERVICE recommendation to authorize the City Manager to increase Purchase Order
No. 23924 issued to ABM Security, Inc., by an amount of $384,000 to
provide Big Blue Bus security services for the remainder of Fiscal Year
2014 -15, for a new total amount not to exceed $2,024,999, was approved.
ANNUAL SUMMARY 3 -E: Annual Summary Report per Senate Bill 341 — recommendation
REPORT that the City Council: receive the Annual Summary Report for fiscal year
2013 -14 (Report) and direct the City Manager to post this Report on the
City's website by December 31, 2014; and, direct that the independent audit
of the Low and Moderate Income Housing Asset Fund be presented to the
City Council upon completion of the independent audit of the City's
Comprehensive Annual Financial Report (CAFR) and post the results of
such independent audit on the City's website within five days of
presentation to the City Council, was approved.
CALIFORNIA INCLINE 3 -F: Award Construction Management and Communication
BRIDGE REPLACEMENT Services Agreement for the California Incline Bridge Replacement
PROJECT Project — recommendation to award RFP# SP2059 to CALTHORP
Corporation to provide construction management and communication
services for the California Incline Bridge Replacement project; and
authorize the City Manager to negotiate and execute Professional Services
Agreement No. 10009 (CCS) with CALTHORP Corporation in an amount
not to exceed $2,665,000, and authorize any necessary change orders, was
approved.
DOWNTOWN SPECIFIC 3 -G: Amendment to Provide Additional Scope of Work for the
PLAN ENVIRONMENTAL Downtown Specific Plan Environmental Impact Report —
EIR recommendation to authorize the City Manager to negotiate and execute a
third modification to Contract No. 9678, in the amount of $120,000 with
AMED Environment & Infrastructure, Inc. to provide additional
environmental consulting services for the Downtown Specific Plan
Environmental Impact Report, resulting in a two -year amended contract
3 December 16, 2014
with a new total amount not to exceed $891,000, was approved.
EXPANDABLE 3 -H: Reject Proposals for an Expandable Training Facility for Fire
TRAINING FACILITY Department — recommendation that the City Council reject all proposals
for RFP #9 -22 -2014 received on October 20, 2014 for an Expandable
Training Facility for the Fire Department, was approved.
CORPORATION YARDS 3 -D: Professional Services Agreement for Corporation Yards
PARKING Parking Study — recommendation to authorize the City Manager to
negotiate and execute professional services Agreement No. 10008 (CCS)
with International Parking Design, in an amount not to exceed $95,000 to
prepare a parking study for the City Corporation Yards ( "City Yards "). The
term of the agreement is proposed for one year with an additional one -year
extension, if required, was presented.
This item was pulled by Councilmember Davis for information.
Discussion ensued on topics including shared parking.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Vazquez,
to approve the Consent Calendar except for Item 3 -D, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
I 9111SHfiil �
STUDY SESSION: 4 -A: Big Blue Bus/Expo Service Integration Proposal —
BIG BLUE BUS/EXPO recommendation that staff will present the Reimagining of Big Blue Bus
SERVICE INTEGRATION Service and request City Council provide input to the proposed
recommendations for new and restructured BBB routes and schedules that
will provide seamless integration with Expo Light Rail at the eight stations
in the BBB service area, was presented.
Members of the public Jerry Rubin, Denise Barton, Kathleen Rawson, and
Saken Sherkbanov commented on topics including routes and community
meetings.
Considerable discussion ensued on topics including, but not limited to
appropriate routes and ridership.
Motion by Mayor Pro Tern Vazquez, seconded by Councilmember
Winterer, to receive and file the item. The motion was approved by a
unanimous voice vote, with all members present.
December 16, 2014
ORDINANCES: 7 -A: Second reading and adoption of Proposed Ordinance No. 2476
LANDMARKS LAW (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9.36.130 RELATING TO THE
PROCEDURES FOR DESIGNATING HISTORIC DISTRICTS, was
presented.
Motion by Councilmember Davis, seconded by Councilmember O'Connor,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: None
PREVAILING WAGE 7 -B: Introduction and First Reading of the Conformance of
AND APPRENTICESHIP Prevailing Wage and Apprenticeship Ordinance, revising certain
ORDINANCE provisions of Chapter 7.28 of the Santa Monica Municipal Code to
ensure full consistency with the requirements of Senate Bill No. 7, was
presented.
No members of the public spoke on this item.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
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 Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: None
TENANT HARASSME NT 7 -C: Introduction and First Reading of an Ordinance Amending
Chapter 4.56 of The Santa Monica Municipal Code To Clarify And To
Expand Protections Under Tenant Harassment Ordinance, was
presented.
Members of the public Steve Duron, Christen Andersen, Todd Flora,
Cordula Ohman, Michael Tarbet (donated time by Arlene Hopkins), Cathy
Crosby (donated time by Linda Armstrong), Denise McGranahan, Lucas
Oppenheim, Nina Edwards (donated time by Genise Schnitman), Zoe
Muntaner (donated time by Amanda Neenan), and Diane Miller (donated
time by Catherine Eldridge) spoke generally in favor of the recommended
action.
5 December 16, 2014
Members of the public Denise Barton and Art Casillas spoke generally in
opposition to the recommended action.
Considerable discussion ensued regarding property damage, method of rent
payment, and the definition of bad faith.
Motion by Councilmember Himmelrich, seconded by Councilmember
Davis, to add the word "provoke" to section 1(a) and add that "the penalty
shall be in the sum of at least $1,000 and up to $10,000" to section 3(d).
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tom Vazquez, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember O'Connor,
to provide direction to staff to consider rebuttable presumptions regarding
the number of landlord entries and the number of times that the landlord
can claim non - receipt of rent, to consider if unlawful conduct language is
necessary, and consider if a physical address can be required for rent
delivery. The motion was approved by unanimous voice vote, with all
members present.
STAFF 8 -A: Water Rate Analyses and Proposed Water Rate Options —
ADMINISTRATIVE recommendation that City Council: 1) Approve a 13% rate increase option
ITEMS: (9% first year) as the proposed five -year plan to raise water rates, to be
SUSTAINABLE WATER considered at a public hearing, in accordance with Proposition 218; 2)
MASTER PLAN Adopt Resolution No. 10852 (CCS) setting the public hearing to increase
water rates on February 24, 2015, in accordance with Proposition 218; and
Councilmember O'Day was authorize the City Clerk to issue notices of the proposed water rate
excused at 10:50p. m. increases and public hearing on February 24, 2015, in accordance with
Proposition 218, was presented.
Members of the public Lenis Perkins, spoke generally in favor of the
recommended action.
Members of the public Denise Barton, Christel Andersen, Art Casillas,
Amy Aukstilkanis, Tricia Crane, Jim Williams, Sarah Letts, Ellen Brennan,
Conner Everts, and Judy Abdo spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to the
timing of the increase and possible bonds.
6 December 16, 2014
Motion by Councilmember Davis, seconded by Councilmember O'Connor,
to approve the staff recommendation with annual report from staff on water
revenues and impact on ability to reduce proposed increases and an annual
report from staff on the state of the City's infrastructure.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Winterer, Davis
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: Councilmember Himmelrich
ABSENT: Councilmember O'Day
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to give direction to staff to make allowances for persons who are low
income, explore a cap, explore the possibility of giving credits or caps to
providers of 100% affordable housing projects, and to explore the task
force recommendation that when the water supply declaration is lifted, to
revisit the rate structure.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Disabilities
DISCUSSION ITEMS: Commission for a term ending on June 30, 2016, was presented.
DISABILITIES
COMMISSION No members of the public spoke on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated June Carol Hagen.
Dr. Hagen was voted by acclamation with unanimous vote in her favor,
with all members present excepting Councilmember O'Day.
CLEAN BEACHES & 13 -B: Appointment to three annual vacancies on the Clean Beaches &
OCEAN PARCEL TAX Ocean Parcel Tax Citizens Oversight Committee for terms ending on
CITIZENS OVERSIGHT December 31, 2016, was presented.
COMMITTEE
No members of the public spoke on this item.
At the request of staff, the item was continued to the January 13, 2015
Council meeting.
AMEND INTERIM 13 -C: Request of Councilmembers Winterer and Davis that the City
ZONING ORDINANCE — Council direct Staff to prepare and return with a proposed amendment
LANDMARK to the Interim Zoning Ordinance allowing designated landmark
7 December 16, 2014
DESIGNATION structures that were originally built for non - residential uses to be
occupied for such uses in the multi- family residential zones regardless
whether the nonconforming use has been discontinued for greater than
one year. In the event that the Landmarks Commission has not
already considered this item, the City Council may direct Staff to
obtain the Landmarks Commission's input on this proposed
amendment before the proposed amendment is returned to the City
Council. This amendment will encourage the retention, rehabilitation
and productive use of City Landmarks, was presented.
Members of the public Ken Kutcher and Robert Klein 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 Winterer, seconded by Councilmember Davis,
to direct legal staff to present two options to the Landmarks Commission at
its next meeting, including the resolution or direction not to enforce, and to
return to Council, and for legal staff to consult with St. John's
representatives.
The motion was approve by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
ARTS COMMISSION 13 -1): Recommendation to accept Walter Meyer's resignation from
the Arts Commission and authorize the City Clerk to publish the
vacancy, was presented.
No members of the public spoke on this item.
Motion by Councilmember McKeown, seconded by Councihnember
Winterer, to accept the resignation with regrets.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
AMEND INTERIM 13 -E: Request of Councilmembers Davis and Winterer that the City
ZONING ORDINANCE — Council direct Staff to prepare and return with a proposed amendment
YOUTH - SERVICING to the Interim Zoning Ordinance allowing small youth - serving arts and
exercise facilities (e.g., dance studios, martial arts studios less than
3,000 square feet) in buildings designed and constructed for
commercial purposes on multi- family residentially zoned lots located
across an alley from a commercially zoned district. Parking standards
for these uses should be broadly consistent with those being proposed
in the draft DSP. This amendment will encourage the retention of
8 December 16, 2014
affordable youth - serving businesses in the community that provide
vital service to local school children and their families, was presented.
Members of the public Lisa Gumenick (donated time by Jeff Politz),
Kathleen Rawson, Ross Furukawa, Liz Dubelman, Grace Slansky, Jennifer
Lax, Marsi Frankel, Kathy Cass, Kathy Salem, Donna Dawson, Rebecca
Walker, Erin Dale, Bob Klein, and Eoin Gubbins spoke generally in favor
of the recommended action.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
directing the City Manager to direct code enforcement staff that the set of
laws that would presently prohibit the proposal not to be enforced in view
of an upcoming change in the law and the other considerations discussed at
the meeting, and providing direction to the City Attorney to put this in a
writing that will satisfy the landlord.
The motion was approved by a unanimous voice vote, with all members
present excepting Councihnember O'Day.
COMMISSION ON THE 13 -17: Recommendation to accept Rachel Torres' resignation from the
STATUS OF WOMEN Commission on the Status of Women and authorize the City Clerk to
publish the vacancy, was presented.
No members of the public spoke on this item.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
PLANNING 13 -G: Recommendation to accept Sue Himmelrich's resignation from
COMMISSION the Planning Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
RENT SUBSIDY 13 -H: Request of Mayor McKeown and Councilmembers Himmelrich
PROTECTION and Winterer that Council direct staff to prepare an ordinance or
other means to protect households who have received a rent subsidy
from the City of Santa Monica, including Section h or Shelter Plus
Care, from income source discrimination, including landlord refusal to
December 16, 2014
accept vouchers, was presented.
Member of the public Denise McGranahan, spoke generally in favor of the
recommended action.
Motion by Mayor McKeown, seconded by Councilmember Davis, to
approve the recommendation,
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
AB2222- AFFORDABLE 13 -I: Request of Mayor McKeown and Councilmembers Himmelrich
HOUSING and Winterer that Council direct staff to develop a plan to augment
REPLACEMENT AB22221s affordable housing replacement provisions with local
protections providing existing tenants who are displaced interim
housing support and the right to return to the new development, was
presented.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to approve the recommendation.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
LOBBYIST REGISTRY 13 -J: Request of Mayor Pro Tem Vazquez and Councilmember
Himmelrich that the City Attorney present the Council with an
ordinance to require lobbyists representing clients who seek benefits or
contracts from the City to register with the City and provide other
information that will help promote transparency, was presented.
There were no speakers on this item.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tern
Vazquez, to approve the recommendation while including a broader
definition of lobbyists, and providing staff direction.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at
12:52a.m. in memory of Kate Levy and Brandon Cramer.
ATTEST: n
Sarah P. Gorman
City Clerk
APPROVED:
Kevin McKeown
Mayor
10 December 16, 2014