m-042815CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 28, 2015
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, April 28, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez (arrived at 7:05 p.m.)
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Pam O'Connor (arrived at 6:10 p.m.)
Councilmember Terry O'Day (arrived at 5:51 p.m.)
Councilmember Ted Winterer
Also Present: Interim City Manager Elaine Polachek
City Attorney Marsha Jones Moutrie
City Cleric Sarah P. Gorman
CONVENE /PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with
Councilmembers O'Day, O'Connor, and Mayor Pro Tem Vazquez absent.
City Attorney Moutrie led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:32 p.m., to consider
Councilmember O'Day closed sessions and returned at 6:37 p.m., with Councilmembers O'Day,
arrived at 5:51 p. in. O'Connor, and Mayor Pro Tem Vazquez absent., to report the following:
Councilmember O'Connor 1 -A: Conference with Legal Counsel — Existing Litigation —
arrived at 6:1Op. in. Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Riel v. City of Santa Monica, United States
District Court, Central District, Western Division Case Number 2:14 -
CV -04692
The City Attorney advised this matter was heard with no reportable action
taken.
1 -13: Conference with Legal Counsel — Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) —1 case
The City Attorney advised this matter was heard with no reportable action
1 April 28, 2015
taken.
CONTINUATION The Mayor announced that Item 6 -A has been rescheduled at the request of
ANNOUNCEMENT the applicant /appellant and will be considered at a date uncertain.
SPECIAL AGENDA 2 -A: Proclamation recognizing Municipal Clerks Week, was
ITEMS: presented by Mayor McKeown.
2 -13: Most Loved Santa Monica Businesses 2015 Awards and
Commendation, was presented by Mayor McKeown.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton, People of California, Ken Ward,
Cris McLeod, Geoija Umano, Jonathan Foster, Rita Hart and Angela Dawn
commented on various Consent Calendar items.
At the request of Councilmember Himmelrich, Item 3 -F was removed from
the Consent Calendar.
Motion by Councilmember Davis, seconded by Winterer, to approve the
Consent Calendar except for Item 3 -17, reading resolutions by title only and
waiving furtber reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem Vazquez
REFUSE /RECYCLING 3 -A: Purchase of 300 - Gallon Refuse/Recycling Containers —
CONTAINERS recommendation to award Request for Proposal 411 to Snyder Industries,
Inc., for the purchase and delivery of 300 - gallon refuse /recycling
containers; authorize the Purchasing Services Manager to issue a purchase
order with Snyder Industries, Inc. in the amount not to exceed $25,000 for
FY 2014 -15, with two additional one -year renewal options to extend at a
5% increase in price each year, with purchases for additional years
estimated at $80,000 for FY 2015 -16, $85,000 for FY 2016 -17, and
$60,000 for FY 2017 -18 (through April 2018) for a total not to exceed
$250,000 over a three -year period, with future year funding contingent
upon Council budget approval, was approved.
VEHICLE PURCHASE 3 -13: Bid Award for Purchase of Five Compressed Natural Gas Side
Loader Refuse Packer Vehicles — recommendation to award Bid 44173 to
Boerner Truck Center, for the purchase of three Compressed Natural Gas
Side Loader Refuse Packer Vehicles; authorize the Purchasing Services
2 April 28, 2015
Manager to issue a purchase order with Boerner Truck Center for three
Compressed Natural Gas Side Loader Refuse Packer Vehicles in an amount
not to exceed $990,014 with future year funding contingent on Council
budget approval; award Bid 44173 to Los Angeles Freightliner for the
purchase of two Compressed Natural Gas Side Loader Refuse Packer
Vehicles; authorize the Purchasing Services Manager to issue a purchase
order with Los Angeles Freightliner for two Compressed Natural Gas Side
Loader Refuse Packer Vehicles in an amount not to exceed $667,198 with
future year funding contingent on Council budget approval; and authorize
budget changes, was approved.
CITY SERVICES 3 -C: Design Guaranteed Minimum Price for the City Services
BUILDING PROJECT Building Project — recommendation to authorize the City Manager to
execute design -build Contract No. 10051 (CCS) with Hathaway Dinwiddie
Construction Company, for design services for the City Services Building
for a Guaranteed Maximum Price (GMP) of $7,064,501; authorize direct
owners costs associated with the design phase of the City Services Building
in the amount of $540,000; authorize budget changes; and authorize the
Director of Public Works to issue any necessary change orders to complete
additional work within budget authority, was approved.
VIDEO SERVICE 3 -1): Professional Services Agreement for Managed Video Service for
the City's Websites — recommendation to award Request for Proposal# 22
to Granicus, Inc., to provide managed video service for the City's websites;
authorize the City Manager to negotiate and execute Professional Service
Agreement No. 10052 (CCS) with Granicus, Inc, in an amount not to
exceed $17,786.40 for one year, with four- additional one -year renewal
option(s) in the amount of $71,145.60, for a total amount not to exceed
$88,932.00 over a five -year period, with future year funding contingent on
Council budget approval, was approved.
MERCHANT SERVICES 3 -E: Merchant Account Processor Services — recommendation to
award Request for Proposal# 13 to TransFirst Health and Government
Solutions, LLC, to provide merchant account processor services for
payments by credit card by members of the public to the City for fees and
services; and authorize the City Manager to negotiate and execute
contractual service Agreement No. 10053 (CCS) with TransFirst Health
and Government Solutions, LLC for five years, with one additional three -
year renewal option on the same terms and conditions, for an estimated
total amount of $12.4 million over a five -year period, with future year
funding contingent on Council budget approval, was approved.
AUDIT SERVICES 3 -G: Modification to Agreement with MuniServices, LLC, for
Parking Facilities Tax and Business License Tax Audit Services —
recommendation to authorize the City Manager to negotiate and execute a
first modification to Contract No. 9736 (CCS) with MuniServices, LLC, to
extend the contract term through June 30, 2016 for Parking Facilities Tax
3 April 28, 2015
and Business License Tax audit services resulting in a three -year amended
agreement with a no change to contract value not -to- exceed $221,262, was
approved.
OZONE PARIC 3 -I-I: Authorization to execute an agreement with the Kiwanis Club
of Santa Monica to accept a $50,000 donation for play equipment at
Ozone Park — recommendation to authorize the City Manager to accept a
donation in the amount of $50,000 from the Kiwanis Club of Santa Monica
for the purchase of playground equipment for Ozone Park, and authorize
budget changes, was approved.
180717 To STREET 3 -I: Resolution No. 10871 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 68651 TO
SUBDIVIDE A PROPERTY AT 1807 17 °i STREET," was adopted.
CALIFORNIA STATE 3 -J: Proposed 2015 -2016 California State Legislation —
LEGISLATION recommendation that the City Council review and comment on bills
introduced into the California State Legislature for the 2015 - 2016 session
(AB 585, AB 603, AB 645, SB 32, SB 350, SB 687, S13788; AB 1220, SB
761, SB 593; SB 767; AB 90, AB 1056; AB 288; SB 775; SB 317; AB 189;
AB 96) and direct staff to proceed with communicating the City's position
on each bill as detailed in Attachment A, was approved.
PROPERTY 3 -F: Fourth Modification of Property Management Contract with
MANAGEMENT Real Estate Consulting Services, Inc. — recommendation to authorize the
City Manager to negotiate and execute a fourth modification to Contract
No. 9183 (CCS) in the amount of $701,357 including a 10% contingency,
with Real Estate Consulting and Services, Inc. (RECS), to provide property
management services at City -owned residential properties through
December 2016, resulting in an eighty -one month amended contract with a
new total contract amount not to exceed $3,249,071, with future -year
funding contingent on Council budget approval, was presented.
Councilmember FIimmelrich advised that she removed the item to obtain
information from staff.
Motion by Councilmember Himmelrich, seconded by Councilmember
O'Day, to approve the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem Vazquez
APPEAL— LANDMARKS 6 -A: Appeal of Landmarks Commission Decision to Designate the
4 April 28, 2015
COMMISSION Mid - Century Modern Multi- family Residential Buildings at 2002 -08
21st Street as Structures of Merit — recommendation that the City Council
deny the appeal and uphold the decision of the Landmarks Commission to
designate the subject buildings at 2002 -08 21s' Street as Structures of Merit
based upon their age and the rarity of their architectural style and on -site
configuration as specified in designation criteria SMMC 9.36.080(b)(1),
was rescheduled at the request of the applicant /appellant.
ORDINANCES: 7 -A: Vacation Rentals and Home - Sharing — recommendation that the
SHORT -TERM RENTALS City Council introduce for first reading the attached ordinance amending
the Santa Monica Municipal Code adding Chapter 6.20 Home - Sharing, in
Mayor Pro Tem Vazquez order to establish regulations for short -term rental of a portion of a dwelling
arrived at 7:05 p. m, unit by the owner or tenant occupant, was presented.
Councilmember O'Day uras Members of the public Jennifer Kennedy, Patricia Hoffman, Leslie
excused at 8:38 p. in. Gersicoff, Matthew Lucido, Ryan B. Anderson, Alexander Miller, Laura
Wilson (donated time by David Garden), Bob Karas, Roy Samaan, Agustin
Cardenas, Melanie Luthern, Gabrielle Roscoe (donated time by Roberto
Mazariego), Michelle Wittig, Judy Goldman, Ed Hunsaker, Jane Tagutchi,
Robin Sherry, Genise Schnitman, Andrew Nicholas, Martin Lopez, Lori
Innes, John Heidt, Julie Heidt, Jackie Frias, Bill Przylucki, Mark Gorman,
Diane Miller, Oleg, Dennis Zane, Michael Tarbet (donated time by David
Whatley), and Ellen Brennan spoke generally in favor of the recommended
action.
Members of the public Scott Schonfeld, Caroline De Lazro, Lauren
Amaranle, Robert St. Genis, Azita Sachmechian, Darlene Howard,
Consuelo Agonizante, Carol Siss, Cortland Connell (donated time by
Andrea Weiss), Eric Siss, Melissa Kaminsky, Thomas Nitti, and Andrew
Hoyer spoke generally in opposition to the recommended action.
Considerable discussion ensued on topics including enforcement methods,
penalties, and dates of enforcement.
Motion by Councilmember Davis, seconded by Councilmember
Himmehich to approve the staff recommendation with additional
requirements that the hosting platforms give notice of the laws and provide
that the remedies are non - exclusive.
Deputy City Attorney Yibin Shen read the following language into the
record, reflecting the changes in the motion: (1) "6.20.080 Regulations
The City Manager, or his or her designee, may promulgate regulations,
which may include but are not limited to permit conditions, reporting
requirements, inspection frequencies, enforcement procedures, advertising
restrictions, disclosure requirements, or insurance requirements, to
implement the provisions of this Chapter. No person shall fail to comply
with any such regulation;" and 2. "6.20.100 Enforcement. (d) Any
5 April 28, 2015
interested person may seek an injunction or other relief to prevent or
remedy violations of this Chapter. The prevailing party in such an action
shall be entitled to recover reasonable costs and attorney's fees."
Staff direction was provided.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
STAFF 8 -A: Lincoln Boulevard Property -Based Assessment District and
ADMINISTRATIVE Colorado Avenue Overlay — recommendation that the City Council: 1)
ITEMS: Accept petitions submitted in favor of establishment of the Lincoln
PROPERTY -BASED Boulevard Property -Based Assessment District (PBAD) and the Colorado
ASSESSMENT DISTRICT Avenue Overlay as meeting the 40 percent minimum threshold to initiate
OVERLAY ballot proceedings; 2) Adopt Resolution No. 10872 (CCS) of Intention for
the establishment of the Lincoln Boulevard PBAD and Resolution No.
10873 (CCS) the Colorado Avenue Overlay and set a public hearing on the
matter for June 23, 2015; 3) Accept the Engineer's Reports for each
assessment area; 4) Authorize the mailing of ballots to the property owners
within each assessment area, and 5) Authorize the City Manager to cast the
City's ballots as the property owner of two parcels within the proposed
Colorado Avenue Overlay in favor of the overlay, was presented.
Members of the public Denise Barton spoke generally in opposition to the
recommended action.
Discussion ensued on topics including, but not limited to when this item
would return to Council.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
Vazquez, to accept petitions submitted in favor of establishment of the
Lincoln Boulevard Property -Based Assessment District (PBAD) and the
Colorado Avenue Overlay as meeting the 40 percent minimum threshold to
initiative ballot proceedings; accept the Engineer's Reports for each
assessment area; authorize the mailing of ballots to the property owners
within each assessment area; and authorize the City Manager to cast the
City's ballots as the property owner of two parcels within the proposed
Colorado Avenue Overlay in favor of the overlay.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Connor
Mayor Pro Tem Vazquez, Mayor McKeown
6 April 28, 2015
NOES: None
ABSENT: Councilmember O'Day
Motion by Councilmember Davis, seconded by Councilmember O'Connor,
to adopt a Resolution of Intention for the establishment of the Lincoln
Boulevard PBAD and the Colorado Avenue Overlay and set a public
hearing on the matter for June 23, 2015.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
PUBLIC HEARINGS: 9 -A: Big Blue Bus /Expo Service Integration Plan Public Hearing and
BIG BLUE BUS Adoption of Service Plan — recommendation that the City Council hold a
SERVICE PLAN public hearing, receive public comment, and approve the revised Big Blue
Bus operating plan for new and restructured BBB routes and schedules that
will provide seamless integration with Expo Light Rail at the stations in the
BBB service area, was presented.
Members of the public Juan Matute, Jason Islas, and Jerry Rubin spoke
generally in favor of the reconnnended action.
Members of the public David Garden, Victoria Graham, Lyn Corum, Anne
Hawthorne, Ronald Richards, Cris Gutierrez, Denise Barton, Stacy Brown,
People of California, Michael Hirshman, Ellen Brennan, John Ulloth,
Philip Capd spoke generally in opposition to the recommended action.
On order of the Mayor, Mr. Garden's testimony was classified under Item
14.
Considerable discussion ensued on topics including route changes, real
time updates, scheduling,
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to adopt the staff recommendation with a direction to, when return in a
year, review the option of reinstating weekend service on the Number 10
line.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
7 April 28, 2015
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Commission
DISCUSSION ITEMS: on the Status of Women for a term ending on June 30, 2017, was
COMMISSION ON THE presented.
STATUS OF WOMEN
Member of the public Madeleine Brand spoke generally in favor of her
appointment.
On order of the Mayor, the floor was opened for nominations.
Mayor McKeown nominated Madeleine Brand.
Madeleine Brand was voted by acclamation with a unanimous vote in her
favor, with all members present excepting Councilmember O'Day.
2611' STREET/ 13 -B: Request of Councilmembers Winterer and Vazquez that the
BERGAMOT EXPO Council authorize preparation of a letter to the Metro Board
STATION DEDICATION expressing support for consideration by the Board to dedicate the 26`h
Street /Bergamot Expo Station in honor of Private Joe Gandara, a
Santa Monica native who was fatally wounded by enemy fire in World
War 11 at the age of 20 and posthumously awarded the Medal of Honor
by President Obama in March, 2014, was presented.
Members of the public Matthew Millen, Art Casillas, David Whatley, and
Miriam Adams, spoke generally in favor of the recommended action.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to approve the staff recommendation. The vote was
approved by a unanimous voice vote, with all members present excepting
Councilmember O'Day.
PUBLIC INPUT: Members of the public Denise Barton, People of California, Michael
Toney, Jonathan Foster, and Roberto Gomez commented on various local
issues.
On order of the Mayor, the City Council meeting was adjourned at 11:36
p.m. in memory of Tom Taplin and David Naylor.
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED:
41ugv,
Kevin McKeown
Mayor
8 April 28, 2015