m-040814CITY COUNCIL MINUTES
APRIL 8, 2014
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:31
p.m., on Tuesday, April 8, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Terry O'Day
Councitmember Gleam Davis
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Absent: Mayor Pam O'Connor
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 5:31 p.m.,
with Mayor O'Connor and Councilmember Holbrook absent.
Councilmember Davis led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions.
On order of the Mayor Pro Tem, the City Council recessed at 5:35 p.m., to
consider closed sessions and returned at 6:53 p.m., with all members
present, to report the following:
1 -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): City of Santa Monica v. United States of
America. Federal Aviation Administration and Michael P. Huerta, in
his Official Capacity as Administrator of the FAA, United States
District Court Case Number 2:31 -CV 8046 JFW (VBKx)
The City Attorney advised the Council directed that the City will be filing a
Notice of Appeal in this matter to preserve the right to appeal.
1 -B: Conference with Legal Counsel — Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
April 8, 2014
Code Section 54956.9 (d)(2) — 1 case
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -C: Conference with Real Property Negotiators pursuant to
Government Code Section 54956.7:
Property:
City Negotiator:
Under Negotiation:
Owner of Record /O
of Property/Lessee:
Parcel seaward of the 1921 Mean High
and adjacent to 201 Palisades Beach Road
Judith Meister
Lease and Terms
perator
State of California /City of Santa
Monica /The Beach Club
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): Cortes v. City of Santa Monica, et al., U. S.
District Court Case Number CV 12 -9408.
The City Attorney advised this matter relates to a civil rights action relating
to an altercation on the Promenade. The City Attorney recommended
settlement in the amount of $66,000.
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to approve Settlement No. 9892 (CCS), as recommended by the City
Attorney. The motion was approved by the following vote:
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
SPECIAL AGENDA 2 -A: Recognition of April 2014 as Fair Housing Month, was presented
ITEMS: by Mayor Pro Tern O'Day to Housing Commissioner Richard Hilton and
FAIR HOUSING MONTH Housing Manager Barbara Collins.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
April 8, 2014
Members of the public Jerry Rubin commented on various Consent
Calendar items.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day
NOES: None
ABSENT: Councilmember Holbrook, Mayor O'Connor
MINUTES 3 -A: Approval of minutes for the March 18, 2014, City Council
meeting, was approved.
CITY SERVICES 3 -B: Professional Services Agreement for Concept Design and
BUILDING PROJECT Feasibility Analysis for the City Services Building Project -
recommendation to authorize the City Manager to negotiate and execute
professional services Agreement No. 9886 (CCS) with Hathaway
Dinwiddie Construction Company, in an amount not to exceed $258,500
for initial design, cost estimation services, and feasibility analysis for the
City Services Building. This agreement would be the first of three phases in
the design -build delivery method, with the final phases being executed
under a design -build contract, and authorize any necessary modifications to
complete the work within budget authority, was approved.
DIAL -A -RIDE 3 -C: Dial -A -Ride Service Agreement — recommendation to authorize
the City Manager to negotiate and execute Contract No. 9887 (CCS) with
MV Transportation, Inc., in an amount not to exceed $2,070,337 for Dial -
A -Ride services with two additional one -year renewal options in the
amount of $1,429,183, for a total amount not to exceed $3,499,520 over a
five -year period, with future year funding contingent on Council budget
approval; and appropriate budget increases, was approved.
CEMETERY 3 -1): Cemetery and Mausoleum Perpetual Care Funds Investment
Manager Agreement — recommendation to authorize the City Manager to
negotiate and execute five -year professional services Agreement No. 9888
(CCS) with Nelson Capital Management, LLC, to provide investment
management services for the Cemetery and Mausoleum Perpetual Care
Funds. Based on the value of the portfolio as of January 31, 2014, annual
fees would approximate $63,000. In addition, there could be some
additional pass - through fees for investments in certain instruments such as
mutual funds, was approved.
TRAFFIC SIGNAL 3 -E: Award Construction Contract for a New Traffic Signal at
3 April 8, 2014
Olympic Drive and Avenida Mazatlan — recommendation to authorize
the City Manager to negotiate and execute Contract No. 9889 (CCS) with
Select Electric, Inc., in an amount not to exceed $222,000 for the
construction of a new traffic signal at Olympic Drive and Avenida
Mazatlan, and authorize any necessary change orders, was approved.
CUSTODIAL SERVICES 3 -F: Contract Modifications for Custodial Services at the Santa
Monica Pier and the Public Safety Facility — recommendation to
authorize the City Manager to negotiate and execute: 1) A first modification
to contractual agreement 9255 -OS with Diamond Contract Services, in the
amount of $264,861 to provide custodial services at the Santa Monica Pier
on a month -to -month basis with a living wage increase from July 1, 2014 to
December 31, 2014 or until a formal contract is awarded and contractor is
ready to start operations, whichever comes first. This would result in a four
year and three month long amended contract total not to exceed
$1,956,547; and 2) Authorize a second modification to contractual
agreement 9256 -OS Diamond Contract Services, in the amount of
$117,434 to provide custodial services at the Public Safety Facility (PSF)
on a month -to -month basis with a living wage increase from July 1, 2014 to
December 31, 2014 or until a formal contract is awarded and contractor is
ready to start operations, whichever comes first. This would result in a four
year and three month long amended contract total not to exceed $946,567,
was approved.
VEHICLE 3 -G: Software Upgrade of the Vehicle Maintenance Reporting
MAINTENANCE System — recommendation to authorize the City Manager to negotiate and
execute sole source Contract No. 9890 (CCS) with Chevin Fleet Solutions,
LLC, in an amount not to exceed $162,675 for the implementation of a
software upgrade to the existing vehicle maintenance reporting system,
over a five -year term starting in FY 2013 -14, with future year funding
contingent on Council budget approval, was approved.
POLICE MOTORCYCLES 3 -11: Purchase Order Amendment for the Purchase of Nine Police
Motorcycles — recommendation to approve a change order to purchase
order 358884 -OP with Hollister Honda, in the amount of $13,068 for the
purchase and installation of additional equipment for nine police
motorcycles, resulting in a revised purchase order total not to exceed
$247,501, was approved.
LOADERS 3 -I: Purchase of Two Backhoe Loaders — recommendation to award
Bid #4116 to Quinn Company, in an amount not to exceed $245,801 for the
purchase and delivery of two backhoe loaders, was approved.
ASSEMBLY BILL 1871 3 -J: Support of California Assembly Bill 1871— recommendation that
the City Council support passage of Assembly Bill 1871, which would
increase State funding to support regulation of farmers markets, was
4 April 8, 2014
approved.
SAN'T'A MONICA PIER 3 -K: Update on Santa Monica Pier Leasing Guidelines —
recommendation that the City Council approve the updated policy
guidelines for the leasehold and license management of City -owned
properties on the Santa Monica Pier, was approved.
ORDINANCES: 7 -A: Introduction and first reading an interim ordinance to extend
LUCE until December 31, 2014 the effective date of Interim Ordinance No.
2439 (CCS) which established interim development standards and
procedures pending implementation of the Land Use and Circulation
Element (LUCE) through adoption of a new Zoning Ordinance, was
presented.
Members of the public Ramon Castillon, Paula Larmore, Kevin Kozal, and
Gary Gordon.
Motion by Councilmember McKeown, 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 McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tem O'Day
NOES: None
ABSENT: Councilmember Holbrook, Mayor O'Connor
Motion by Councilmember Davis to give staff direction to look at the three
issues raised by public speakers, including permitting exercise facilities on
Lincoln Blvd., looking at the outdoor dining issue raised on Main Sheet,
and the outdoor display of merchandise issue.
Motion to amend by Councilmember Winterer to limit review of the
exercise facility issue to strictly commercial buildings. The amendment
was accepted as friendly by the maker.
Councilmember Winterer seconded the motion.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer,
Mayor Pro Tern O'Day
NOES: Councihnember McKeown
ABSENT: Councilmember Holbrook, Mayor O'Connor
Councilmember McKeown stated that his no vote reflects a belief that that
5 April 8, 2014
the existing process is meant to protect everybody in the City, and allowing
people to simply write a letter to the Council a week before we adopt
something and thereby get the benefit of this kind of majority Council
direction erodes the integrity of that process.
STAFF 8 -A: Presentation of the City's Comprehensive Annual Financial
ADMINISTRATIVE Report — recommendation that the City Council receive and file the
ITEMS: independent auditor's unmodified (clean) report for the City's financial
FINANCIAL REPORT statements for the fiscal year ended June 30, 2013 and the Auditor's Letter
to Council, was presented.
Members of the public Jerry Rubin spoke generally in favor of the
recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tern O'Day
NOES: None
ABSENT: Councilmember Holbrook, Mayor O'Connor
DOWNTOWN 8 -B: Possible Expansion of Downtown Assessment District —
ASSESSMENT DISTRICT recommendation that the City Council: 1) authorize staff to collaborate
with Downtown Santa Monica, Inc. (DTSM) to explore modification of the
existing Downtown Property Based Assessment District (PBAD) or
establishment of a new property -based improvement district to provide
expanded services in two new areas, the Colorado Esplanade corridor and
the Lincoln Boulevard corridor; 2) authorize the City Manager to negotiate
and execute Agreement No. 9891 (CCS) with DTSM to enable the City to
fund 50 percent of the costs associated with the development of a work
plan, assessment methodology, and public outreach associated with the
potential expansions for a cost not to exceed $25,500; authorize the City
Manager to negotiate and execute contracts associated with the
development of engineer's reports, which analyze the potential benefits and
assessment amounts associated with the potential expansions for a cost not
to exceed $30,000; and appropriate budget increases, was presented.
Member of the public Jerry Rubin, spoke generally in favor of the
recommended action.
Considerable discussion ensued on topics including, but not limited to an
assessment district in other areas, and clarifying the extent of the staff
recommendation.
6 April 8, 2014
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Davis, Vazquez,
Mayor Pro Tem O'Day
NOES: None
ABSENT: Councilmember Holbrook, Mayor O'Connor
REPORT ON MEETING Pursuant to state law, City Clerk Sarah Gorman announced that Council
COMPENSATION will receive $50 for meeting as the Parking Authority and $50 for meeting
as the Housing Authority.
JOINT MEETING WITH On order of the Mayor Pro Tem, the regular City Council recessed to a
THE PARKING joint meeting with the Parking Authority at 8:00 p.m. with Councilmember/
AUTHORITY: Authority Member Holbrook and Mayor /Chair O'Connor absent.
REORGANIZATIONS
8 -C: Transition of Parking Operations Section to the Planning and
Community Development Department and Further Modification to
Reorganizations in the Police Department and City Manager's Office —
recommendation that the City Council and Parking Authority: adopt
Resolution No. 10805 (CC) entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING
NEW CLASSIFICATIONS AND ADOPTING SALARY RATES
FOR TRAFFIC AND PARKING MANAGER, PRINCIPAL TRAFFIC
ENGINEER, COMMUNICATIONS AND PUBLIC AFFAIRS OFFICER,
PUBLIC SERVICES ADMINISTRATOR — FORENSICS, PUBLIC
SERVICES ADMINISTRATOR — JAIL, PUBLIC SERVICES
ADMINISTRATOR, PUBLIC SERVICES OFFICER SUPERVISOR,
LEAD PUBLIC SERVICES OFFICER, PUBLIC SERVICES OFFICER,
AND COMMUNICATIONS OPERATOR"; approve the position and
classification changes detailed in Attachment B; and, appropriate FY 2013-
14 expenditure and revenue budget adjustments and approve corresponding
adjustments to the FY 2014 -15 budget plan as detailed in Attachment C,
was presented.
There was no one present for public comment.
Motion by Councilmember /Authority Member McKeown, seconded by
Councilmember /Authority Member Vazquez, to adopt the staff
recommendation. The motion was approved by the following vote:
AYES: Councilmembers /Authority Members Vazquez, Davis,
Winterer, McKeown, Mayor Pro Tem /Chair Pro Tem O'Day
NOES: None
ABSENT: Councilmember /Authority Member Holbrook,
Mayor / Chair O'Connor
7 April 8, 2014
On order of the Mayor Pro Tem, the City Council adjourned its joint
meeting with the Parking Authority at 8:04 p.m., and reconvened the
regular meeting, with Councilmember Holbrook and Mayor O'Connor
absent.
On order of the Mayor Pro Tem, the regular City Council recessed to a
joint meeting with the Housing Authority at 8:04 p.m. with
Councilmember/ Authority Member Holbrook and Mayor /Chair O'Connor
absent.
JOINT MEETING WITH 9 -A: Housing Authority Draft Administrative and Five -Year /Annual
THE HOUSING Plans — recommendation that the Housing Authority Board: 1) Hold a
AUTHORITY: public hearing, receive public comment; 2) Adopt the Housing Authority's
PUBLIC HEARINGS: FY 2014 -2015 Administrative Plan and Five - Year /Annual Plan
HOUSING AUTHORITY (cumulatively, "the Plans "); and 3) Authorize the submission of the
PLANS Administrative and Five - Year /Annual Plans to the United States
Department of Housing and Urban Development (HUD), was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers /Authority Members Vazquez, Davis,
Winterer, Mayor Pro Tem /Chair Pro Tem O'Day
NOES: None
ABSENT: Councilmember /Authority Member Holbrook,
Mayor /Chair O'Connor
On order of the Mayor Pro Tem, the City Council adjourned its joint
meeting with the Housing Authority at 8:21 p.m., and reconvened the
regular meeting, with Councilmember Holbrook and Mayor O'Connor
absent.
COUNCILMEMBER 13 -A: Request of Councilmembers Davis and McKeown that the City
DISCUSSION ITEMS: Attorney's office monitor responses to its presentation on tenant
TENANT HARASSMENT harassment at the scheduled April lath Rent Control Board meeting,
and return to Council with suggestions and recommendations on how
the City might more successfully prevent or prosecute tenant
harassment, was presented.
Member of the public Denise Barton spoke in support of the recommended
action.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
8 April 8, 2014
to approve request. The motion was approved by unanimous voice vote,
with all members present excepting Councilmember Holbrook and Mayor
O'Connor.
HOUSING COMMISSION 13 -B: Appointment to one unscheduled vacancy on the housing
Commission for a term ending on June 30, 2017, was continued to a
future meeting.
PUBLIC INPUT: Members of the public Denise Barton, Reina Alvarez and Art Casillas
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:35
p.m. in memory of Leticia Vazquez.
ATTEST:
`� RV?
Sarah P. Gorman
City Clerk
APP VE
Terr O'Day
Mayor Pro Tern
9 April 8, 2014