m-021015CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 10, 2015
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:31 p.m., on
Tuesday, February 10, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tern Tony Vazquez
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Terry O'Day
Councilmember Ted Winterer
Absent: Councilmember Pam O'Connor
Also Present: Interim City Manager Elaine Polachek
City Attorney Marsha Jones Moutrie
City Cleric Sarah P. Gorman
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with
Councilmember O'Connor absent. Interim City Manager Elaine Polachek
led the assemblage in the Pledge of Allegiance.
CONTINUATION OF Motion by Councilmember Himmelrich, seconded by Councilmember
BUFFER PARK ITEM Winterer, to continue Item 8 -C, regarding naming of the Buffer Park, to an
undetermined future meeting, at the recommendation of staff. The motion
was approved by a unanimous voice vote, with all members present
excepting Councilmember O'Connor.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:35 p.m., to consider
closed sessions and returned at 6:45 p.m., with Councilmember O'Connor
absent, to report the following:
Mayor McKeown announced that Council had directed before recessing for
closed session that Item 8 -C had been continued to an undetermined future
meeting.
1 -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
1 February 10, 2015
Section 54956.9 (d)(1): Torres v. City of Santa Monica, et al., Los
Angeles Superior Court Case Number SC 121 279
The City Attorney advised this matter related to a personnel matter with
sexual harassment allegations, and outside counsel was retained. The City
Attorney recmmnended settlement in the amount of $150,000.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to approve Settlement No. 10028 (CCS), as recommended by the City Attorney.
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
1 -B: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Camarena v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 533 524
The City Attorney advised this matter related to a personnel matter with
allegations of failure to accommodate a disability, and outside counsel was
retained. The City Attorney recommended settlement in the amount of
$97,500.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to approve Settlement No. 10029 (CCS), as recommended by the City Attorney.
AYES: Councilmembers O'Day, Winterer, Himmelrich, Davis,
Mayor Pro Tom Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
1 -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Young v. City of Santo Monica, Los Angeles
Superior Court Case Number BC 530 213
The City Attorney advised this matter related to a trip and fall on a City
sidewalk. The City Attorney recommended settlement in the amount of
$40,000.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve Settlement No. 10030(CCS), as recommended by the City Attorney.
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tom Vazquez, Mayor McKeown
2 February 10, 2015
NOES: None
ABSENT: Councilmember O'Connor
1 -D: Conference with Legal Counsel — Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) — ACLU challenge to noise ordinance
The City Attorney advised this matter was heard with no reportable action
taken.
1 -E: Conference with Legal Counsel— Existing Litigation —Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Harris v. City of Santa Monica, Los Angeles Superior
Court Case Number 341 569
The City Attorney advised this matter was heard with no reportable action
taken.
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced that Council
COMPENSATION will receive no compensation for meeting as the Redevelopment Successor
Agency.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by
JOINT SPECIAL an Agency Member /Councilmember for discussion.
MEETING WITH THE
REDEVELOPMENT There being a Consent Calendar for the City Council and the
SUCCESSOR AGENCY Redevelopment Successor Agency the Mayor, with the consensus of
Council, combined the Consent Calendars into a joint meeting so as to hear
there concurrently, with Agency Member /Councilmember O'Connor
absent.
Member of the public Denise Barton commented on various Consent
Calendar items.
At the request of Agency Member /Councilmember Himmelrich, Item 3 -D
was removed from the Consent Calendar.
Motion by Agency Member /Councilmember O'Day, seconded by Agency
Member /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:
AYES: Agency Member /Couneilmembers O'Day, Winterer,
Himmelrich, Davis
Chair Pro Tem /Mayor Pro Tem Vazquez,
Chair/Mayor McKeown
February 10, 2015
NOES: None
ABSENT: Agency Member /Councilmember O'Connor
MINUTES 3 -A: The minutes of January 27, 2014, City Council meetings were
approved.
DOOR THROUGH DOOR 3 -13: Adoption of a Resolution Authorizing the Submission of a
RIDE PROGRAM Grant Application to the Los Angeles County Metropolitan
Transportation Authority for Continued Funding for the Door
Through Door Attended Ride Program — recommendation that City
Council: Adopt Resolution No.10862 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT
FUNDS FOR THE ENHANCED MOBILITY OF SENIORS AND
INDIVIDUALS WITH DISABILITIES PROGRAM UNDER THE
FEDERAL TRANSIT ADMINISTRATION'S SECTION 5310
PROGRAM, AND TO NEGOTIATE AND TO ENTER INTO A GRANT
AGREEMENT WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY AND ANY
AMENDMENTS THERETO," and authorize the City Manager to execute
all necessary documents to apply for the grant, accept the grant, if awarded,
accept all grant renewals, if awarded, and participate in the program; and,
authorize budget changes, in the event that the grant is awarded, was
approved.
WATER 3 -C: Application for a Land and Water Conservation Fund Grant —
CONSERVATION FUND recommendation that City Council: Adopt Resolution No. 10863 (CCS)
GRANT entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO APPLY
FOR GRANT FUNDS FOR A LAND AND WATER CONSERVATION
GRANT, AND TO NEGOTIATE AND TO ENTER INTO A GRANT
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT
OF PARKS AND RENOVATION AND ANY AMENDMENTS
THERETO ", and authorize the City Manager to execute all necessary
documents to apply for the grant and accept the grant, if awarded; and,
authorize budget changes, in the event that the grant is awarded, was
approved.
ELEVATOR 3 -E: Construction Contract Change Order for the Airport
MODERNIZATION Administration Building Elevator Modernization Project —
PROJECT recommendation to authorize the City Manager to negotiate and execute a
first change order to Contract #9893 (CCS) in the amount of $35,000 with
Fast -Track Construction Corporation, to provide additional construction
services for the Airport Administration Building Elevator Modernization
Project, resulting in an amended contract with a new total amount not to
exceed $441,780, and authorize any necessary change orders to complete
4 February 10, 2015
the work within budget authority, was approved.
CITY HALL TENANT 3 -F: Construction Contract Change Order for the City Hall HVAC
IMPROVEMENT Replacement & Public Works Tenant Improvement Project —
PROJECT recommendation to authorize the City Manager to negotiate and execute a
second change order to Contract No. 10027 (CCS) in the amount of
$50,000 with Rameo General Engineering Contractors, to provide
additional construction services for the City Hall HVAC Replacement &
Public Works Tenant Improvement Project, resulting in an amended
contract with a new total amount not to exceed $221,163, and authorize any
necessary change orders to complete the work within budget authority, was
approved.
INSURANCE COVERAGE 3 -G: Resolution No. 10864 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING THE TENTATIVE AGREEMENT AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING SETTING THE TERMS AND CONDITIONS OF
MEDICAL INSURANCE COVERAGE WITH MANAGEMENT TEAM
ASSOCIATES, SUPERVISORY TEAM ASSOCIATES,
ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL EMPLOYEES
ASSOCIATION, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS LOCAL 911, PUBLIC ATTORNEYS UNION, PUBLIC
ATTORNEYS' LEGAL SUPPORT STAFF UNION, UNITED
TRANSPORTATION UNION, LOCAL 1785 - INTERNATIONAL
ASSOCIATION OF SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS (SMART), EXECUTIVE PAY PLAN
PARTICIPANTS, AND CERTAIN UNREPRESENTED
CLASSIFICATIONS," was adopted.
CREDIT CARD 3 -D: Third 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
third modification to Contract 49082 in an amount not to exceed $800,000
with TransFirst Health and Government Services, Inc. (TransFirst), to
continue to provide merchant account processor services for credit card
payments related to City fees and services on a month -to -month basis no
later than June 30, 2015, resulting in an amended contract with a new total
amount not to exceed $8,150,000, was presented.
Agency Member /Councilmember Himmelrich advised that she removed the
item to gain further information from staff.
Motion by gency Member /Councilmember Himmelrich, seconded by
Chair Pro Tern/Mayor Pro Tern Vazquez, to approve the staff
recommendation. The motion was approved by the following vote:
5 February 10, 2015
AYES: Agency Member /Councilmembers O'Day, Winterer,
Himmelrich, Davis
Chair Pro Tern/Mayor Pro Tem Vazquez, Chair /Mayor
McKeown
NOES: None
ABSENT: Agency /Councilmember O'Connor
RECOGNIZED 3 -H: Recognized Obligation Payment Schedule: July through
OBLIGATION PAYMENT December 2015 — recommendation that the Redevelopment Successor
SCHEDULE Agency, adopt Resolution No. 22 (SA) entitled, "A RESOLUTION OF
THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY
APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR JULY 2015 — DECEMBER 2015" and
Resolution No. 23 (SA) entitled, "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING
AND ADOPTING THE ADMINISTRATIVE BUDGET FOR THE
PERIOD JULY 2015 — DECEMBER 2015, INCLUSIVE ", was presented.
Motion by gency /Councilmember Himmelrich, seconded by Chair Pro
Tem/MUor Pro Tem Vazquez, to approve the staff recommendation. The
motion was approved by the following vote:
AYES: Agency Member /Councilmembers O'Day, Winterer,
Himmelrich, Davis,
Chair /Mayor Pro Tem Vazquez, Chair/Mayor McKeown
NOES: None
ABSENT: Agency Member /Councilmember O'Connor
ADJOURNMENT OF THE On order of the Chair/Mayor, the special joint meeting with the
SPECIAL JOINT Redevelopment Successor Agency was adjourned at 6:58 p.m., and the
MEETING regular City Council meeting was reconvened, with Councilmember
O'Connor absent.
ORDINANCES: 7 -A: Introduction and first reading of an Ordinance modifying
NOISE REGULATIONS Chapter 4.12 of the Santa Monica Municipal Code updating the City's
noise regulations to better protect the community's health and welfare
and to ensure compliance with applicable legal standards, was
presented.
Member of the public Jerry Rubin spoke generally in favor of the
recommended action.
Members of the public Ned Landin, Tay Uhler (donated time by Stefani
Uhler), spoke generally in opposition to the recommended action.
Deputy City Attorney Yibin Shen suggested an amendment to the proposed
ordinance that provided that the following language in the proposed
6 February 10, 2015
ordinance be changed: In Section 2, Section 4.12.030 Exemptions, "except
for section 4.12.030" be changed to "except for section 4.12.025," to
correct a typographical error.
Motion by Councilmember O'Day, seconded by Councilmember Davis, to
introduce and hold first reading of the ordinance, as amended, reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Davis, Himmehich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
STAFF 8 -A: Bergamot Station Arts Center Guidelines and Advisory
ADMINISTRATIVE Committee — recommendation that City Council: 1) Adopt guidelines for
ITEMS: the revitalization of the City -owned Bergamot Station Arts Center property;
BERGAMOT STATION 2) Identify the role of an advisory committee in helping shape the future of
ARTS CENTER the Arts Center; and 3) Approve the composition and process for
establishing the advisory committee, was presented.
Members of the public Jerry Rubin, Jeff Worthe, Mary Marlow, Bill
Turner, Lois Lambert and Andrew Hoyer spoke generally in favor of the
recommended action.
Considerable discussion ensued on topics including, but not limited to
composition of the advisory group, composition of the development, and
modification of Guideline Four regarding the Santa Monica Museum of
Art.
Housing and Economic Development Director Andy Agle proposed an
amendment to Guideline 4 to provide that "the project shall incorporate a
permanent home for a museum or other significant cultural institution that
can demonstrate the ability to finance tenant improvements and ongoing
operations while providing a cultural experience that benefits the Santa
Monica community. Preference for a long term lease of the space shall be
given to the Santa Monica Museum of Art."
Motion by Councilmember Davis. seconded by Councilmember O'Dav, to
adopt staff report guidelines for the next stage of planning for the
revitalization of the City -owned Bergamot Station Arts Center property,
including the following amendment to Guideline 4: to provide that "the
project shall incorporate a permanent home for a museum or other
significant cultural institution that can demonstrate the ability to finance
tenant improvements and ongoing operations while providing a cultural
experience that benefits the Santa Monica community. Preference for a
7 February 10, 2015
long term lease of the space shall be given to the Santa Monica Museum of
Art;" and to create the advisory committee with the following members: 1.
4 members of the Bergamot Gallery and Cultural Association, appointed by
the Association, with one of these four being a nonprofit tenant; 2. 4
residents appointed by the Neighborhood Council; 3. 1 person appointed by
the Convention and Visitors Bureau; 4. 1 person appointed by the Chamber
of Commerce; and 5. 1 person appointed by the Arts Commission, who
operates a successful Santa Monica cultural nonprofit.
Motion to amend by Councilmember Winterer, to instruct the Arts
Commission that the priority for the Commission's appointment should be
a representative of a Santa Monica based arts nonprofit, but if no such
person is available to serve on the group, the Commission could select a
non -Santa Monica based representative.
The motion was friendly to the mover and the seconder.
Motion to amend by Councilmember Davis, to include the staff
recommendation to identify the role of an advisory committee in helping
shape the future of the Arts Center. The motion was friendly to the
seconder.
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
BIKESHARE SYSTEM 8 -B: Bikeshare System Identity Selection — recommendation that
Council take the following actions to establish the bikeshare system
identity: 1) Select "Breeze" as the name for the bikeshare system; 2) Allow
two possible locations on bikes (triangular frame covers and baskets) for
sponsorship messaging; and, 3) Approve potential use of the concept
umbrella name "Westside Ride" for a system that expands to other
jurisdictions, was presented.
No members of the public spoke on this item.
Discussion ensued on topics including, but not limited to the location of
sponsorship messaging on bikes.
Motion by Councilmember Winterer, seconded by Councilmember O'Day,
to adopt the staff recommendation. The motion was approved by the
following vote:
8 February 10, 2015
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
NAMING BUFFER PARK 8 -C: Naming Buffer Park — recommendation that City Council: 1)
Review and comment on recommendations from the Recreation and Parks
Commission, as well as the results of the Buffer Park naming survey and
public suggestions to date; 2) Select a name for the park currently known as
Buffer Park and direct staff to proceed with using the selection as the park's
official name going forward, was presented.
On order of the Mayor, and at the request of staff, this matter was
continued to a future meeting.
DOWNTOWN 8 -1): Potential Modification and Expansion of Downtown Assessment
ASSESSMENT DISTRICT District — recommendation that the City Council: 1) Review and comment
on the Draft Colorado Avenue Overlay Management Plan and Engineer's
Report and the Draft Lincoln Boulevard Property -Based Assessment
District Management Plan and Engineer's Report; 2) Approve the proposed
plans including City funding for the payment of general benefits associated
with the assessment areas; and, 3) Authorize the City Manager to sign
petitions relating to the City -owned parcels located within the proposed
Colorado Overlay, was presented.
Members of the public Scott Schofeld and Steven Welliver spoke generally
in favor of the recommended action.
Members of the public Denise Barton, Andrew Hoyer, spoke generally in
opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to a
change to the threshold for approval of the district, improvement of Lincoln
Boulevard, and modification of boundaries of the project.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt the staff recommendation but to direct staff to prepare an
ordinance similar to the ordinance that was used for the creation of the
original Property -Based Assessment District to only require a 40%
signature threshold to place the matter before the property owners.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himrnehich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
9 February 10, 2015
FIRE STATION LAND 8 -E: Modification to Agreement for Fire Station Land Exchange —
EXCHANGE recommendation to authorize the City Manager to modify terms of the
proposed Purpose and Sale Agreement with 1337 7" Street LLC related to
an exchange of City -owned property located at 1338 -42 and 1323 5th Street
for privately owned property located at 1337 -47 7t" St, was presented.
No members of the public were present to speak on the item.
Motion by Councilmember O'Day, seconded by Councilmember Winterer,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Couneilmembers O'Day, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Planning
DISCUSSION ITEMS: Commission for a term ending on June 30, 2015,
PLANNING
COMMISSION Members of the public Jerry Rubin spoke generally in favor of the
recommended action.
Members of the public Andrew Hoyer spoke generally in
opposition to the recommended action.
On order of the Mayor, the appointment was continued to the March 17,
2015 Council meeting.
RE -ORDER WATER 13 -B: Request of Mayor McKeown that the Council direct that the
RATES HEARING council agenda for the upcoming regular meeting of February 24th,
2015, shall be re- ordered such that the public hearing on water rates
be conducted immediately after the consent calendar and prior to the
remaining items on the agenda, was presented.
Members of the public Jerry Rubin spoke generally in opposition to the
recommended action.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to approve the recommendation. The motion was approved by
a unanimous voice vote, with all members present excepting
Councilmember O'Connor.
PUBLIC INPUT: Members of the public Denise Barton, Art Casillas, Andrew Hoyer and
.John Foster commented on various local issues.
10 February 10, 2015
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:52
p.m. in memory of Charles Hodgin and Kieran McCann.
ATTEST: APPROVED:
Sarah P. Gorman Kevin McKeown
City Clerk Mayor
11 February 10, 2015