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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