m092915.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 29, 2015
A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:32 p.m., on
Tuesday, September 29, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez
Councilmember Gleam Davis
Councilmember Sue Hinunelrich
Councilmember Pain O'Connor
Councilmember Terry O'Day (arrived at 5:36 p.m.)
Absent: Councilmember Ted Winterer
Also Present: City Manager Rick Cole
City Attorney Marsha Tones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present excepting Councilmembers O'Day and Winterer. City
Clerk Sarah Gorman led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public continent on closed sessions.
Councilmember O'Day On order of the Mayor, the City Council recessed at 5:35 p.m., to consider
arrNed at 5: 36 p.m. closed sessions and returned at 6:47 p.m., with Councilmember Winterer
absent, to report the following:
I.A. Public Employee Evaluation. Title of Employee: City CIerk.
The City Attorney advised this matter was not heard.
I.B. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): O'Dell, et al v. City of Santa Monica, et al, Los Angeles
Superior Court Case Number BC 526 373
The City Attorney advised that this matter relates to a fatal motorcycle
accident resulting from a collision with a Big Blue Bus. The City Attorney
reconunended Settlement No. 10912 (CCS) in the amount of $1.1 million.
September 29, 2015
Motion by Councilmember Davis, seconded by Councilmember O'Day, to
approve the settlement. The motion was approved by the following vote:
AYES: Councilmembers O'Comror, O'Day, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Winterer
I.C. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Korolyov v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 522 762
The City Attorney advised this matter relates to a trip and fall on the
sidewalk in which the plaintiff had permanent shoulder damage.
Recommended settlement of $25,000.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Vazquez,
to approve the Settlement No. 10193 (CCS). The motion was approved by
the following vote:
AYES: Councilmembers Davis, Himmelrich, O'Day, O'Connor
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Winterer
I.D. Conference with Real Property Negotiator. Property: 1241 Fifth
Street. City Negotiators: Andy Agle, Director of Housing and
Economic Dev. Under Negotiation: Terms of Affordability Covenant.
Owner of Record: Alon Roma, LLC.
The City Attorney advised this matter was heard with no reportable action
taken.
LE. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
549569 (d)(1): United States of America, ex rel. Mark Baird, Justin
Frith, Rick Larson and David Moran v. City of Santa Monica and
Gerber Ambulance Co., United States District Court Case Number 11-
cv-06632
The City Attorney advised this matter was heard with no reportable action
taken.
2 September 29, 2015
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public George Minardos, Denise Barton and People of
California commented on various Consent Calendar items.
Motion by Councilmember Himmeirich, seconded by Councilmember
O'Comlor, to approve the Consent Calendar, reading resolutions by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmcmbers O'Connor, O'Day, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Winterer
MINUTES 3.A. Regular Meeting Minutes of Sep 8, 2015 City Council meeting,
were approved.
JUSTICE ASSISTANCE 3.13. Accept Edward Byrne Memorial Justice Assistance Grant
GRANT (JAG), was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of
$26,806 from the U.S. Department of Justice (DOJ) Edward Byrne
Memorial Justice Assistance Grant for a portable generator.
2. Authorize budget changes as outlined in the Financial Impacts & Budget
Actions section of this report.
EXPO LINE BUS STOP 3.C. Professional Services Agreement for Expo Line Bus Stop
Implementation Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# SP2409 to CivilSource, Inc., a California-based company,
to provide survey, design, implementation, community outreach, and
construction oversight services for the Expo Line Bus Stop Implementation
project;
2. Authorize the City Manager to negotiate and execute professional
services Agreement No. 10189 (CCS) with CivilSource, in an amount not
to exceed $516,600 (includes a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary change
orders to complete additional work within contract authority.
3 September 29, 2015
BBB FARE COLLECTION 3.D. BBB Fare Collection System Refurbishment, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute sole source
contractual services Agreement No. 10190 (CCS) with SPX Genfare,
an Illinois -based company, to refurbish the existing fare collection system.
This is a two year contract in an amount not to exceed $3,401,394
(including a $150,000 contingency), with future year funding contingent on
Council budget approval;
2. Authorize the City Manager to issue a Notice to Proceed to SPX
Genfare to refurbish the existing fare collection system.
3. Authorize the Director of Transit Services to issue any necessary
changes to complete additional work within contract authority.
PARKING 3.E. Contractual Services Agreement for Parking Management
MANAGEMENT Services, was withdrawn at the request of staff.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 34 to SP+ Municipal Services, a Tennessee -based company
for operation and maintenance of the City's off-street parking facilities, and
to provide ancillary parking related special event services;
2. Authorize the City Manager to negotiate and execute contractual service
Agreement No. (CCS) with SP+ Municipal Services, in an amount not
to exceed $26,500,000 for five years, with two additional one-year
renewal option(s) in the amount of $11,731,376, on the same terms and
conditions for a total amount not to exceed $38,231,376 over a seven
year period, with future year funding contingent on Council budget
approval.
EMERGENCY SERVICES 3.F. Designation of Representatives Authorized to Execute Grant
GRANTS Documents for Cal Office of Emergency Services and Federal
Emergency Management Agency Grants, was approved.
Recommended Action
Staff recommends that the City Council:
1) Adopt attached Resolution No. 10914 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DESIGNATING AUTHORIZED REPRESENTATIVES TO
EXECUTE FOR AND ON BEHALF OF THE CITY OF SANTA
MONICA WITH THE CALIFORNIA OFFICE- OF EMERGENCY
SERVICES AND THE FEDERAL EMERGENCY MANAGEMENT
AGENCY REGARDING GRANTS"; and
2) Approve the CalOES Form 130 provided by the California Office
of Emergency Services.
4 September 29, 2015
SANTA MONICA ARTS 3.G. Recommendation to Approve the Amended and Restated
FOUNDATION, INC. Bylaws of the Santa Monica Arts Foundation, Inc., was approved.
Recommended Action
Staff recommends that the City Council approve the attached proposed
"Amended and Restated Bylaws of the Santa Monica Arts Foundation,
Inc."
BENEFITS 3.11. Authorization to execute an agreement with Plan Source
ADMINISTRATION Benefits Administration, Inc., was approved.
Recommended Action
Staff recommends that City Council authorize the City Manager to execute
two year professional services Agreement No. 10191 (CCS) with
PlanSource Benefits Administration, Inc., a Florida -based company, to
provide a benefits administration program, in an amount not to exceed
$150,000, with future year funding contingent on Council budget approval.
ADMIN. PROCEEDINGS: 6.A. Appeals 14APP-006 and 14APP-007 of the Planning
1415 OCEAN AVENUE Commission's approval of Conditional Use Permit 13CUP-017 and
Parking Variance 13VAR-012 to amend existing alcohol and panting
variance permits for the Georgian Hotel located at 1415 Ocean
Avenue, was presented.
Recommended Action
Staff recommends that the City Council:
1) deny appeal 14APP-006 which seeks modification of certain conditions
of approval as requested by the applicant/appellant Georgian Hotel ("the
Georgian");
2) deny 14APP-007 submitted by the appellant Unite Here Local 11
("Unite Here");
3) uphold the Planning Commission's approval of Conditional Use Permit
13-017 and Variance 13-012 based on the findings and revised
conditions of approval contained in this staff report.
Councihneniber• Himinelr•ich Councilmember Himmelrich stated on the record that she was recusing
ivas excused fr-orrr Council herself from consideration of the item because she was a member of the
Chaniber•s a16: 48 p. rn. Planning Coirimission when the item was considered. She stepped out of
Council Chambers at 6:48 p.m.
Applicant/Appellant Georgian Hotel representative Kevin Kozal made a
presentation.
Appellant Unite Here representative Melanie Luthein made a presentation.
5 September 29, 2015
Members of the public Victoria Best, Andre Thibodeaux, and Denise
Barton spoke in opposition to the staff recommendation.
Members of the public People of California and Carol Lemlein spoke in
support of the staff recommendation.
Discussion ensued on topics including use of the side door for
entrance/exit, parking requirements and transportation demand
management program metrics.
Motion by Councilmernber O'Day, seconded by Councihnember
O'Coiulor, to approve the staff recommendation with the modification to
remove the restriction of requiring food service after two drinks.
Motion to amend by Mayor Pro Tem Vazquez, to restrict use of the
speakeasy to hotel guests, restrict use of the side door for emergency access
only and to grant the parking variance to require 5 offsite spaces.
The amendment to restrict the use of the side door for emergency access
only was friendly to the maker.
Motion to amend by Councilmember Davis, to have an affirmative finding
that within the case of a historic property, like the Georgian, ensuring
economic viability is key to maintaining the historic resource.
The motion to amend making the affirmative finding was friendly to the
maker.
Councilmember O'Day restated the motion as follows: to approve the staff
recommendation with the following modifications: 1. no entrance or exit
from the side door except for emergency use; 2. no restriction of two drinks
per guest; and 3. adding a finding that it is important for historic resources
to be able to retain economic viability and adaptability. .
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Davis
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmembers Himmelrich, Winterer
ORDINANCES: 7.A. Introduction for First Reading of an Ordinance Setting a Santa
MINIMUM WAGE Monica Minimum Wage, was presented.
Councilmember Hininielrich Recommended Action
returned to Council Staff recommends that the City Council:
6 September 29, 2015
Chambers at 8:59 p. in. 1) Receive the attached report and community comment regarding a
minimum wage increase in the City of Santa Monica;
2) Introduce for first reading the attached ordinance setting a minimum
wage to be effective in the City of Santa Monica following the model of the
City of Los Angeles, a phased approach to reach $15 per hour by 2020 for
most businesses;
3) Direct staff to return with future modifications as appropriate, including
those reflecting potential future changes in the Los Angeles Ordinance; and
4) Direct staff to initiate research and outreach to consider matching the
City of Los Angeles Hotel Worker Minimum Wage Ordinance.
Members of the public Hunter G. Hall, Jerry Rubin, Laurel Rosen, Jack de
Nicola, Joseph Romero, Stephen Zwick, Vivian Rothstein, Jeremy Blasi,
Gabrielle Roscoe, Abby Arnold, Jing Conn, Jackie Martin, Derek Smith
Jonah Breslau, Melanie Luthern, Elsa Mercado, Celia Talveras, Doris
Romero, Jason Islas, Sion Roy, Janet McKeithen, Kathy Hoahg (donated
time by Alexandra Weyman), Tia Koonse, Sophia Cheng (donated time by
Daria Ovide), RoseMary Molina, Jose Cruz, Lucas Oppenheim, Abner
Recinos, Alfredo Rodriguez, Tom Peters, Andrew Moss, Yocl Matute,
Felicia Scott, Veronica Wilson, Francis Engler, People of California, Carl
Hansen (donated time by Julia Ladd), Rick Stoff. Paul Rosenstein,
Johnathan Foster (donated time by Richard Riedel), and Andrew Hoyer
spoke generally in favor of the recommended action.
Members of the public Assaf Raz and Misti Kerns spoke generally in
opposition to the recommended action.
Council gave staff direction to preserve worker collective bargaining rights;
ensure service charges (as opposed to tips) go to workers, including back of
the house workers; include the raise LA hotel wage model; and research
and return with provisions regarding provision of sick days, perhaps up to
12 per year, transitional and time limited seasonal workers, and
threshold/franchise issues, possibly echoing Los Angeles' ordinance, and
enforcement, including varied enforcement models.
The staff direction was provided without objection from Councilmembers.
Motion by Mayor McKeown, seconded by Mayor Pro Tem Vazquez, to
receive and file the information in the staff report, and have provided
modifications to staff to complete in a timely fashion, with a return in
December.
Motion to amend by Mayor McKeown to endorse the draft ordinance as
opposed to receiving and filing the document. The motion to amend was
friendly to the seconder.
7 September 29, 2015
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Winterer
COUNCILMEMBER B.A. Request by Councilmembers Himmelrich and Winterer that the
DISCUSSION ITEMS: Council direct City Clerk, when creating hard copies of
COUNCIL correspondence sent to the City Council, also scan that correspondence
CORRESPONDENCE in searchable form and post it on the City Council website with the
agenda, was presented.
There were no members of the public present to speak on the item.
Councilnrenrber Himmelrich. seconded by Councilmernber
O'Connor, to approve the recommendation. The motion was approved by a
unanimous voice vote, with all members present excepting Councilmember
Winterer.
OUTSIDE ADVISER 13.B. Request of Councilmembers Davis, Himmelrich, and Vazquez
that the Council authorize funding for and hire an appropriate outside
adviser to conduct an independent review and write an independent
report to be presented at a public meeting regarding the best practices
of California charter cities with a council-manager form of
government in the wake of resident concerns about the Elizabeth Riel
matter and enforcement of the Oaks Initiative. The person hired to
conduct the review and write the report shall be selected by the City
Council in open session and shall have the power to obtain documents
upon request and interview staff, elected officials, appointed officials,
and third parties as necessary, was presented.
Members of the public Sherrill Kushner (donated time by Nancy Morse),
People of California, Elizabeth Van Denburgh, Laurence Eubank, Michael
Toney, Andrew Hoyer, Michael Soloff, Zina Josephs, Denise Barton, and
Stanley Epstein (donated time by Harriet Epstein) spoke generally in favor
of the recommended action.
Considerable discussion ensued on topics including the scope of the
review, persons to perform the review, and selection of the reviewer.
Motion by Councilmember Himmelrich. seconded by Mavor Pro Tern
Vazquez, for the City Manager to contact the three following persons, in
ranked order, John Hueston, Debra Yang, and Brian Sun, to determine if
these persons are interested in and available for the assigrunent; and the
person would be given the following four complaints: 1. Oaks violation
September 29, 2015
regarding campaign contributions; 2. Oaks violation regarding Gould
revolving door issue, 3. Riel complaint against the City, and 4. SMCLC
complaint filed with the City; the person would then interview
approximately 5-10 persons and return to the City with an estimated cost
and a description of what to do.
Motion to amend by Councilmember Himmelrich, seconded by Mayor Pro
Tem Vazquez, that the Council authorize funding for an appropriate outside
adviser to conduct an independent review and write an independent report
to be presented at a public meeting regarding the best practices of
California charter cities with a council-manager form of government in the
wake of resident concerns about the Elizabeth Riel matter and enforcement
of the Oaks Initiative. The person hired to conduct the review and write the
report shall be selected by the City Council in open session and shall have
the power to obtain documents upon request and interview staff, elected
officials, appointed officials, and third parties as necessary.
Motion to amend by Councilmember O'Day that the Council authorize
funding for an appropriate outside adviser to conduct an independent
review and write an independent report to be presented at a public meeting
regarding the best practices of California charter cities with a council-
manager form of government in the wake of resident concerns about the
Elizabeth Riel matter and enforcement of the Oaks Initiative, including
specific recommendations for the City to improve its practices. The person
hired to conduct the review and write the report shall be selected by the
City Council in open session and shall have the power to obtain documents
upon request and interview staff, elected officials, appointed officials, and
third parties as necessary.
The motion to amend was friendly to the maker and seconder.
On order of the Mayor, and with concurrence of the Council,
Councilrnembers may submit up to two proposed advisor names to the City
Manager within 48 hours and the City Manager will make the list public,
and contact persons on the list for availability.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Winterer
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 2:14
a.m. in memory of John F. "Jack" Hutchison.
9 September 29, 2015
ATTEST: APPROVED:
17
§arab P. Gorman Kevin McKeown
City Clerk Mayor
10 September 29, 2015