m20150714.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 14, 2015
A regular of the Santa Monica City Council was called to order by Mayor McKeown at 5:32 p.m., on
Tuesday, July 14, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez (arrived at 5:34 p.m.)
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Pam O'Connor (arrived at 8:05 p.m.)
Councilmember Terry O'Day
Councilmember Ted Winterer
Also Present: City Manager Rick Cole
City Attorney Marsha Jones 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 Mayor Pro Tem Vazquez and Councilmember
Mayor Pro Tera Vazquez O'Connor. City Manager Rick Cole led the assemblage in the Pledge of
arrived at 5:34 p.m. Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 6:42 p.m., with all members present
excepting Councilmember O'Connor, to report the following:
1-A: Conference with Labor Negotiator.
City Negotiator: Donna C. Peter, Director of Human
Resources
Bargaining Units: California Teamsters Local 911
(Teamsters)
Public Attorneys Union (PAU)
The City Attorney advised this matter was heard with no reportable action
taken.
1-B: Conference with Legal Counsel — Existing Litigation —
1 July 14, 2015
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(4)(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 is a personnel case, wherein attorneys fees
are a consideration. The City Attorney recommended settlement without an
admission of liability for a payment of $710,000, with all parties released
from fixture liability and no possibility of future litigation relating to the
facts of the case.
Motion by Councilmember Himmelrich seconded by Councilmember
O'Day, to approve Settlement No. 10109 (CCS) as described by the City
Attorney.
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Winterer, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
1-C: Conference with Legal Counsel -- Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(4)(2)-1 case: 423-429 Ocean Avenue
The City Attorney advised this matter was not heard.
1-D: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): O'Dell, et aly. City Of Sas?ty Monica, et al, Los
Angeles Superior Court Case Number BC 526 373
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): City of Santa Monica, et at. v. Nugent, et at,
Los Angeles Superior Court Case Number SC 124 122
The City Attorney advised this matter relates to the establishment of a
boundary line for public property and owner's property in various
locations. The City Attorney recommended settlement of executing a
stipulated judgment: 1. Establishing the boundary lines; and 2. Removing
encroachments from the beach, or, alternatively, executing a 15 year permit
2 July 14, 2015
for the encroachment at the rate of $5.50 per square foot, conditioned upon
an agreement to pay five years of this back rent (the permit fee), two years
of which can be paid up front, and three years of which can be pro rated
annually to be paid concurrently with their annual permit fee for the new 15
year permit; the settlement would require court approval.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich to approve Settlement No. 10111 (CCS) as described by the
City Attorney.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Hitwnelrich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
1-F: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): City of Santa Monica, et al. v. Ornstein, et tit._,
Los Angeles Superior Court Case Number SC 124 123
The City Attorney advised this matter relates to the establislunent of a
boundary line for public property and owner's property in various
locations. The City Attorney recommended settlement of executing a
stipulated judgment: 1. Establishing the boundary lines; and 2. Removing
encroachments from the beach, or, alternatively, executing a 15 year permit
for the encroachment at the rate of $5.50 per square foot, conditioned upon
an agreement to pay five years of this back rent (the permit fee), two years
of which can be paid up front, and three years of which can be pro rated
annually to be paid concurrently with their annual permit fee for the new 15
year permit; the settlement would require court approval.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich to approve Settlement No. 10112 (CCS) as described by the
City Attorney.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
I -G: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
3 July 14, 2015
Section 54956.9 (d)(1): City of Santa Monica et al. v. Bader, et al., Los
Angeles Superior Court Case Number SC 124 124
The City Attorney advised this matter was heard with no reportable action
taken.
1-H: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): City of Santa Monica et at. v. Levy, et aL, Los
Angeles Superior Court Case Number SC 124 125
The City Attorney advised this matter was heard with no reportable action
taken.
1-1: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): City of Santo Monica, of al. v. Phibiln, et al.,
Los Angeles Superior Court Case Number SC 124126
The City Attorney advised this matter relates to the establishment of a
boundary line for public property and owner's property in various
locations. The City Attorney recommended settlement of executing a
stipulated judgment: 1. Establishing the boundary lines; and 2. Removing
encroachments from the beach, or, alternatively, executing a 15 year permit
for the encroachment at the rate of $5.50 per square foot, conditioned upon
an agreement to pay five years of this back rent (the permit fee), two years
of which can be paid up front, and three years of which can be pro rated
annually to be paid concurrently with their annual permit fee for the new 15
year permit; the settlement would require court approval.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich to approve Settlement No. 10113 (CCS) as described by the
City Attorney.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
1-J: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Cite OLS611110 Monica, et al. v. Greene, et aL, Los
Angeles Superior Court Case Number SC 124127
4 July 14, 2015
The City Attorney advised this matter was heard with no reportable action
taken.
1-K: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): CLtE o Santa Monica et al. a PL_ er et al., Los
Angeles Superior Court Case Number SC 1.24128
The City Attorney advised this matter was heard with no reportable action
taken.
1-L: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): United Stater of America, ex rel. Mark Baird,
.Tustin Frith, Rick Larson and David Moran v. City of Santy Monica and
Gerber Ambulance Co., United States District Court Case Number 11-
cv-06632.
The City Attorney advised this matter relates to billing amounts charged to
the federal Medicare program for services provided to persons who
summoned assistance from the Fire Department paramedics. The settlement
recommendation would cover at least five years of the practice. The City
Attorney recommended settlement in the amount of $250,000.
Motion by Councilmember Davis, seconded by Councilmember Winterer
to approve Settlement No. 10110 (CCS) as described by the City Attorney.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
SPECIAL AGENDA 2-A: People's Academy spring 2015 graduating class, was recognized
ITEMS: by Mayor McKeown.
2-B: Proclamation declaring July 2015 as Park and Recreation
Month was presented by Mayor McKeown.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Jonathan Foster commented on various Consent
Calendar items.
5 July 14, 2015
At the request of Councilmember Himmelrich, Items 3-C, 3-D, 3-E and 3-
M were removed from the Consent Calendar.
At the request of Mayor McKeown, Item 3-A was removed from the
Consent calendar.
Motion by Councilmember Winterer, seconded ..by Ma or Pro Tem
Vazquez, to approve the Consent Calendar except for Items 3-A, 3-C, 3-D,
3-E, and 3-M, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Davis, Himrneh•ich, Winterer, O'Day
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
Councilmember Himmelrich advised that she removed the items to obtain
information.
BUS AND FIRE VEHICLE 3-13: Upholstery Services for Transit Buses and Fire Vehicles ---
UPHOLSTERY recommendation that the City Council: (1) Award Bid 44180 to Ye Olde
Upholstery Shoppe, to provide upholstery services for transit and Fire
vehicles; and (2) Authorize the City Manager to negotiate and execute
contractual service Agreement No. 10092 (CCS) with Ye Olde Upholstery
Shoppe, in an amount not to exceed $102,300 for one year, with two
additional one-year renewal option(s) in the amount of $204,600, under the
same terms and conditions for a total amount not to exceed $306,900 over a
three-year period, with future year funding contingent on Council budget
approval, was approved.
ASPHALT MATERIALS 3-F: Award Bid for Asphalt Materials — recommendation that that the
BID City Council: (1) Award Bid #4202 to Blue Diamond Materials for the
purchase and delivery of asphalt materials; and (2) Authorize the
Purchasing Services Manager to issue a purchase order with Blue Diamond
Materials for the purchase and delivery of asphalt in the amount not to
exceed $206,780 for one year, with two additional one-year renewal
options with a 5% increase each renewal year for a total not to exceed
$651,874, with future year funding contingent on Council budget approval,
was approved.
CROSSWALK RENEWAL 3-G: Award Contract for Crosswalk Renewal Program -
BID recommendation that the City Council: (1) Award Bid 44200 to Superior
Pavement Markings, Inc., for crosswalk striping services; (2) Authorize
the City Manager to negotiate and execute contractual service Agreement
No. 10094 (CCS) with Superior Pavement Markings, Inc. for crosswalk
striping services in an amount not to exceed $297,000; and (3) Approve a
6 July 14, 2015
change order to purchase order #367308 in the amount of $53,000 with
Flint Trading, Inc., for the purchase and delivery of pre -formed
thermoplastic material, resulting in a revised purchase order total not to
exceed $180,853 over three years, was approved.
TRAFFIC PAINT BID 3-H: Award Bid for Traffic Paint Materials — recommendation that the
City Council: (1) Award Bid #4199 to Ennis Paint, Inc. and to American
Traffic Products, Inc. for the purchase and delivery of traffic paint and
paint supplies; (2) Authorize the Purchasing Services Manager to issue a
purchase order with Ennis Paint, Inc. for the purchase and delivery of
traffic paint and paint supplies in the amount not to exceed $39,540 for one
year, with two additional one-year renewal options to extend with an
increase based on the Consumer Price Index (CPI) for a total not to exceed
$122,214 with future year funding contingent on Council budget approval;
and (3) Authorize the Purchasing Services Manager to issue a purchase
order with American Traffic Products, Inc. for the purchase and delivery of
traffic paint and paint supplies in the amount not to exceed $33,323 for one
year, with two additional one-year renewal options including a 3% increase
each year for a total not to exceed $102,999 with fixture year fiinding
contingent on Council budget approval, was approved.
CEMENT BID 3-I: Award Bid for Purchase of Portland Cement — recommendation
that the City Council: (1) Award Bid #4201 to Logans Marketing for the
purchase and delivery of mixed Portland cement concrete; and (2)
Authorize the Purchasing Services Manager to issue a purchase order with
Logans Marketing for the purchase and delivery of nixed Portland cement
concrete in an amount not to exceed $105,245 for one year, with one
additional renewal option to extend one year including a 5% increase for a
total not to exceed amount of $215,753 over two years, with future year
funding contingent on Council budget approval, was approved.
MANAGEMENT TEAM 34: Resolution Authorizing the City Manager to Execute a
ASSOCIATES MOU Memorandum of Understanding for the Management Team Associates
(MTA) — recommendation that the City Council: (1) Adopt Resolution No.
10893 (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 THE MEMORANDUM OF UNDERSTANDING WITH THE
MANAGEMENT TEAM ASSOCIATES"; and (2) Approve the attached
revised salary schedule effective as a result of the negotiated tentative
agreement reached for the classifications represented by the MTA, was
approved.
PARKING EQUIPMENT 3-K: Request for Authorization to Negotiate and Execute a License
Agreement with Macerieh SMP LP, for Parking Equipment --
recommendation that the City Council authorize the City Manager to
7 July 14, 2015
negotiate and execute new license Agreement No. 10096 (CCS) with
Macerich SMP LP for up to 10 years to install, maintain, and operate
parking equipment, resulting in a five year agreement, with one five year
option to renew, was approved.
PARKING STRUCTURE 8 3-L: License Agreement with Macerich SMP LP, to Use Reserved
Spaces in Parking Structure 8 — recommendation that the City Council
authorize the City Manager to negotiate and execute new license
Agreement No. 10097 (CCS) with Maccrich SMP LP for up to 6 years to
use reserved spaces in Parking Structure 8 for valet parking, resulting in a
three year agreement, with one three year option to renew, was approved.
BROUGHT RESILIENCY 3-N: Application for US Bureau of Reclamation WaterSMART:
PROJECT GRANTS Drought Resiliency Project Grants Program for Discal Year 2015 —
recommendation that the City Council: (1) Adopt the Resolution No.
10894 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO APPLY FOR GRANT FUNDS FOR A UNITED
STATES DEPARTMENT OF INTERIOR BUREAU OF
RECLAMATION WATERSMART: DROUGHT RESILIENCY
PROJECT GRANT, AND TO NEGOTIATE AND TO ENTER INTO A
GRANT AGREEMENT WITH THE UNITED STATES BUREAU OF
RECLAMATION AND ANY AMENDMENTS THERETO"; (2)
Authorize the City Manager to execute all necessary documents to apply
for the grant, accept the grant, if awarded, and accept all grant renewals, if
awarded; and (3) Authorize budget changes in the event that the grant is
awarded, was approved.
OCCUPATIONAL 3-0: Agreement for Occupational Medical Testing Services -
MEDICAL TESTING recommendation that the City Council: (1) Award RFP# 17 to Westchester
SERVICES Medical Group for Occupational Medical Testing Services; and (2)
Authorize the City Manager to negotiate and execute professional services
Agreement No. 10099 (CCS) with Westchester Medical Group, in an
amount not to exceed $1,250,000 over a five year period with future year
funding contingent on Council budget approval, was approved.
POOL CHEMICALS BID 3-P: Award Bid for the Purchase of Pool Chemicals for the Swim
Center - recommendation that the City Council: (1) Award Bid #4205 to
Commercial Aquatic Services, Inc., for the purchase of pool chemicals for
the Santa Monica Swim Center; and (2) Authorize the Purchasing Servies
Manager to issue a purchase order with Commercial Aquatic Services, Inc.
for the purchase of pool chemicals in the amount not to exceed $82,500
(includes a 20% contingency) for one year, with two additional one-year
renewal options at the same terms and conditions for the first renewal year,
and 5% increase for the third renewal year for a total not to exceed
$251,625 over three years, with future year funding contingent on Council
8 July 14, 2015
budget approval, was approved.
FAIRVIEW BRANCH 3-Q: Fairview Branch Library Renovations — recommendation that the
LIBRARY City Council: (1) Award Bid SP2263 to JR Universal Construction, Inc.,
for the Fairview Branch Library Renovation project; (2) Authorize the City
Manager to negotiate and execute Contract No. 10100 (CCS) with JR
Universal Construction, Inc. in an amount not to exceed $907,975
(including a 10% contingency); (3) Authorize the Director of Public Works
to issue any necessary change orders to complete additional work within
contract authority; and (4) authorize budget changes, was approved.
MINUTES 3-A: The minutes for the June 9 and 23, 2015, City Council meetings were
presented.
Mayor McKeown advised that he removed the item for additional
information to be included in the minutes.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to continue the item until the July 28, 2015 Council meeting. The
motion was approved by a unanimous voice vote, with all members present
excepting Councilmember O'Connor.
BUS EQUIPMENT BID 3-C: Transit Bus Electronic Equipment and Service -
recommendation that the City Council: (1) Award Bid #4185 to Intercon
Technologies, Inc., for the purchase of vehicle electronic equipment and
service for transit buses; and 2. Authorize the City Manager to negotiate
and execute contractual service Agreement No. 10093 (CCS) with Intercon
Technologies, Inc., in an amount not to exceed $131,750 for one year, with
two additional one-year renewal option(s) in the amount of $263,500, under
the same terms and conditions for a total amount not to exceed $395,250
over a three-year period, with future year funding contingent on Council
budget approval, was presented.
Councilmember Himmelrich advised that she removed the items to obtain
information.
Motion by Mayor McKeown, 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
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
ELECTRIC VEHICLE BID 3-D: Bid Award for Purchase of Fourteen Kia Soul Electric Vehicles
9 July 14, 2015
- recommendation that the City Council: (1) Award Bid #4207 to Wondries
Fleet Group for the purchase and delivery of 14 Kia Soul electric vehicles;
(2) Authorize the Purchasing Services Manager to issue a purchase order
with Wondries Fleet Group for the purchase and delivery of 14 Kia Soul
electric vehicles in an amount not to exceed $563,453 with future year
funding contingent on Council budget approval, was presented.
Staff provided information on the item.
Motion by Mayor McKeown 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
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Comlor
MAINTENANCE 3-E: Amend Purchase Order for One Additional Tennant Scrubber -
EQUIPMENT Sweeper and Modify Contract for Full Service Maintenance ---
recommendation that the City Council: (1) Approve a change order to
Blanket Purchase Order 24327 -OF in the amount of $69,251 with Tennant
Company for the purchase and delivery of one additional Tennant M30
scrubber -sweeper. This would result in a revised blanket purchase order
total not to exceed $277,003; (2) Authorize the City Manager to negotiate
and execute a first modification to contractual service agreement #10017
(CCS) in the amount of $33,192 with Tennant Company for the full service
maintenance agreement for one additional Tennant M30 scrubber -sweeper,
resulting in a one year amended contractual service agreement with a new
total amount not to exceed $147,705; and (3) authorize budget changes,
was presented.
Councilmember Himmelrich advised that she removed the items to obtain
information.
Motion by Mayor McKeown seconded by Councilmember O'D!qy to
approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
WORKPLACE INJURY 3-M: Agreement with Briotix, Inc. for Workplace Injury Prevention
PREVENTION SERVICES Services — recommendation that the City Council: (1) Award RFP# 27 to
10 July 14, 2015
Briotix, Inc. for workplace injury prevention services; and (2) Authorize
the City Manager to negotiate and execute three-year professional services
Agreement No. 10098 (CCS) with Briotix, Inc., in an amount not to exceed
$240,348, with two additional one-year renewal options with a total amount
not to exceed $412,838 over a five-year period, with future year funding
contingent on Council budget approval; costs for the first year of the
agreement will not exceed $77,760; each year thereafter contains an annual
increase based on the Consumer Price Index capped at 3%, was presented.
Councilmember Himmelrieh advised that she removed the items to obtain
information.
Motion by Mayor McKeown, 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
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
ORDINANCES: 7-A: Introduction for First Reading of an Ordinance Regulating
LOBBYING Lobbying and Request to Consider Changing Rules on Disclosures, was
Councilmember O'Connor presented.
arrived at 8:05 p. m.
Members of the public Diane Forte spoke generally in favor of the
recommended action.
Members of the public Lewis Perkins, Denise Barton, Tricia Crane, and
Bea Nemlaha spoke generally in opposition to the recommended action.
Motion by Councilmember Hirnmelrich, seconded by Councilmember
Vazquez, to direct staff to provide an ordinance that includes both lobbying
and ethics laws.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Vazquez, to consider ethics item with this item.
Substitute motion by Councilmember Davis. seconded by Councilmember
O'Day, to give the City Attorney direction to bring back a registration
ordinance similar to the West Hollywood ordinance, that directs the City
Attorney to bring back disclosure requirements, that before taking quasi-
judicial action or other appropriate action, Councilmember or Commission
members identify persons with whore they spoke, whether paid lobbyists or
not, direct staff to look at ways to capture lobbying at the staff level and
bring the ordinance back as a comprehensive transparency statute.
11 July 14, 2015
Motion to amend by Councilmember Himmelrich to remove the private
right of action from the proposed ordinance. The motion to amend was
friendly to the maker.
_Motion to amend by Councilmember _ Winterer to consider in house
lobbyists as required to register under the ordinance. The motion to amend
was friendly to the maker and seconder.
Councilmember Davis summarized her substitute motion, as amended, as
to direct the City Attorney to: 1) create a registration statute based on the
West Hollywood statute, which would include contract lobbyists and paid
in house lobbyists; 2) return with recommendations to change the Council
rules and the rules of other Boards and Commissions that make substantive
decisions regarding disclosure at meetings prior to discussing quasi-judicial
and legislative actions as appropriate; 3) explore in that statute the question
of having the City Manager, Department Heads, and Management staff,
develop reporting requirements how to implement, if not appropriate,
return and explain why; and 4) eliminate the private right of action in a
proposed statute.
Motion to amend by Councilmember Himmelrich to that the registration
requirements include a mechanism for reporting what activities were
undertaken. The motion to amend was not friendly to the maker.
Motion to amend by Councilmember Winterer to direct staff to explore
minimal verbal communication reporting requirements that would not be so
broad as to be unworkable. The motion was amend was friendly to the
maker and seconder.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC SAFETY 7-B: Introduction for First Reading of an Ordinance Permitting
DISPATCHERS Public Safety Dispatcher Participation the Peace Officer Standards
and Training (POST) Program, was presented.
There were no members of the public present to speak on the item.
Motion by Councilmember Winterer, seconded by Councilmember
O'Connor, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof. The motion was approved
12 July 14, 2015
by the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
LIBRARY REFUNDING 7-C: Introduction and Adoption of Ordinance No. 2488 (CCS)
BONDS entitled, "An Ordinance of the City of Santa Monica Setting the
2015116 Tax Rate for the Library General Obligation Bonds", was
presented.
There were no members of the public present to speak on the item.
Discussion ensued on topics including the lowering of tax rates.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem
Vazquez, to introduce and adopt the ordinance reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
DOWNTOWN SPECIFIC 7-D: Introduction for First Reading of an Interim Ordinance
PLAN Extending Interim Ordinance 2487 (CCS) Establishing Development
Procedures and Standards in the Downtown Core Land Use
Designation Pending Adoption of the City's Downtown Specific Plan,
was presented.
Members of the public Johnathan Foster, Denise Barton, and People of
California spoke generally in opposition to the recommended action.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Vazquez, 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 O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
STAFF 8-A: Santa Monica Pier Governance Recommendations, Board
13 July 14, 2015
ADMINISTRATIVE Appointment Schedule and Proposed New Corporation Services
ITEMS: Agreement - recommendation that the City Council: (1) Receive and file
SANTA MONICA PIER the Santa Monica Pier Board Governance Recommendation; (2) Extend the
BOARD terms of the existing interim Board of the Santa Monica Pier Corporation
until December 31, 2015; (3) Authorize the City Manager to negotiate and
execute new Service Agreement No. 10101 (CCS) with the Santa Monica
Pier Corporation; and (4) Set November 10, 2015 for Consideration of Pier
Board Appointments for terms beginning January 1, 2016, was presented.
Members of the public Judy Abdo and Chris Volaski spoke generally in
favor of the recommended action.
Members of the public Mary Marlow and Ellen Brennan spoke generally in
opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to ex
officio service on the Pier Board, Pier Board assignments, and noise issues.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt the staff recommendation with additional direction to staff to allow
Pier Leasing Association to attend and have a role at the Pier Corporation's
meetings. The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelricb, Winterer, O'Day,
O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
PROPERTY -BASED 8-B: Lincoln Boulevard Property -Based Assessment District and
ASSESSMENT DISTRICT/ Colorado Avenue PBAD Overlay Zone — recommendation that the City
OVERLAY ZONE Council: (1) Accept the certified election results as tabulated by the City
Clerk for the Lincoln Boulevard Property -Based Assessment District
(PBAD) and Colorado Avenue PBAD Overlay Zone; (2) Adopt Resolution
Nos. 10895 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADOPTING THE
MANAGEMENT PLAN AND ENGINEER'S REPORT, ORDERING
THE FORMATION OF A PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT, AND AUTHORIZING THE LEVY AND
PLACEMENT OF ASSESSMENTS ON THE PROPERTY TAX ROLLS
EACH YEAR" and 10896 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE
MANAGEMENT PLAN AND ENGINEER'S REPORT, ORDERING
THE FORMATION OF NEW BENEFIT ZONES WITHIN THE
DOWNTOWN SANTA MONICA PROPERTY -BASED ASSESSMENT
DISTRICT, AND AUTHORIZING THE LEVY AND PLACEMENT OF
ASSESSMENTS ON THE PROPERTY TAX ROLLS EACH YEAR"; (3)
14 July 14, 2015
Authorize the City Manager to negotiate and execute a modification to the
existing Services Agreement with Downtown Santa Monica Inc. (DTSM)
to implement and administer the newly established assessment areas, as
well as execute a modification to the existing Maintenance Services
Agreement with DTSM for enhanced maintenance services for the City -
owned Big Blue Bus property at 612 Colorado Avenue at a cost of $25,000
for the first year; and (4) Approve budget changes as noted in the Financial
Impacts and Budget Actions section of this report, was presented.
Members of the public Denise Barton spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to
inclusion of properties within the district.
Motion by Councihnember Himmelrich, seconded by Mayor Pro Tem
Vazquez, to adopt the staff recommendation and to direct staff to exempt
single family properties in residential use that are owner occupied and front
an alley.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
AIRPORT LEASES 8-C: Airport Leases with Ruskin Theater, Atlantic Aviation,
Krueger Aviation, Gunnell Properties, American Flyers, Spitfire Grill,
Typhoon, and Miscellaneous Tenants and Update on Airport Issues —
recommendation that the City Council authorize the City Manager to
negotiate and execute new Santa Monica Airport Leases with aviation and
non -aviation tenants at market rates and on terms consistent with the
guidance provided at its meeting of March 24, 2015, was presented.
Members of the public Jay Becker spoke generally in favor of the
recommended action.
Members of the public Chad Molnar, Jeffrey Sure, Dorothy Chapman,
Robert Rigdon, Mindy Taylor -Ross, Laura Silogi, Steve Dewitt, Angelina
Bray, Stephen Unger, Jim Redden, Alan Levenson, David Klass, Conny
Cederer, Judi Russell, Dr. Grace Gabe, Michael Brodsky, Mike Salazar,
Denise Barton, People of California, John Fairweather, Martin Rubin,
Andrew Gledhill, Jonathan Stein (donated time by Kathleen Unger), John
Clarizio Vivien Flitton, Brian Hutchings, and Zina Josephs.
15 July 14, 2015
Considerable discussion ensued on topics including, but not ..limited to
length of term of leases, Metroplex, authority to take actions on the Airport,
and communications with the FAA.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Vazquez, to approve the staff recommendation for Lease Nos. 10102
{CCS), 10107 (CCS) and 10108 (CCS) with the Ruskin Theater, Spitfire
Grill, and Typhoon; and to postpone a decision on all properties where
there is a master tenancy, including Atlantic Aviation, Kruger Aviation,
Gunnell Properties, and American Flyers, and acceptance of staff
recommendation to continue with month to month leases for 77
miscellaneous tenants.
Motion to amend by Councilmember Davis to specify as to the Atlantic,
Kruger, Gunnell and Ameriflyer leases, direct staff to return with an
analysis of lease rates and economic analyses of impacts if master leases
are removed. The motion to amend was friendly to the maker and seconder.
Motion to amend by Councilmember Davis to direct staff to analyze the
impact of the East Hampton decision regarding any additional ability to act
relating to the leasing policy at the airport. The motion to amend was
friendly to the maker and seconder.
Motion to amend by Mayor Pro Tem Vazquez to direct staff to analyze the
issue of control over curfew as part of staff's analysis of the East Hampton
decision. The motion to amend was friendly to the maker.
Motion to amend by Councilmember Winterer to direct staff to return with
information about use of lease terms to regulate emissions and review
options for fuel sales, with more information regarding environmental
remediations. The motion to amend was friendly to the maker and
seconder.
Motion to amend by Councilmember Himmelrich to direct staff to analyze
how to avoid intensification of jet traffic at the airport. The motion to
amend was friendly to the seconder.
City Attorney Moutrie made the following statement for the record:
As to the four leases that were postponed, they were postponed because of
the common feature of those leases is that the terms include subleases, and
Council wants an economic analysis of what it would mean if subleases
were eliminated and the City took over leasing all the properties.
The motion was approved by the following vote:
16 July 14, 2015
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
Staff direction was provided as follows:
Councilmember Davis provided staff direction to explore what potential
impacts the East Hampton decision might have on the ability to control
land uses at the airport, knowing it may give an opportunity to control land
use.
Councilmember Himmelrich provided staff direction to look at what, if
any, steps can be taken to avoid intensification of jet traffic as a result of
the LAX Metroplex playas.
Mayor Pro Tem Vazquez provided staff direction to review security issues
at Santa Monica Airport.
Councilmember O'Day provided staff direction to review opportunities for
environmental mitigation, particularly related to aircraft models and
emission levels.
The staff direction was approved by a unanimous voice vote in favor, with
all members present.
RESOLUTIONS: 11-A: Establishment of an Audit Committee — recommendation that the
AUDIT COMMITTEE City Council: (1) Adopt attached Resolution No. 10897 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING AN AUDIT COMMITTEE"; and (2) Appoint
members to serve on the audit committee, was presented.
Member of the public Zina Josephs spoke generally in favor of the
recommended action.
Member of the public People of California spoke generally in
opposition to the recommended action.
Motion by Councilmember Himmelrich , seconded by Mavor Pro Tem
Vazquez, to approve the staff recommendation, including the Resolution,
with three modifications: 1. The cornrnittee will be composed of two
Councilmembers and one independent financial outside expert; and 2. the
duties of the audit committee be specified as contained in the second
paragraph of the Goverment Finance Officers' Association Best Practice
Document, which states, "the audit committee should be made directly
responsible for the appointment, compensation, retention and oversight of
17 July 14, 201 S
the work of any independent accountants engaged for the purpose of
preparing or issuing an independent audit report or performing other
independent audit review or attest services. Likewise, the audit committee
should be established in such a manner that all accountants thus engaged
report directly to the audit committee. The written documentation
establishing the audit committee should prescribe the scope of the
committee's responsibilities;" and 3. The process will be evaluated at the
end of six months.
Motion to amend by Councilmember Winterer to appoint three
Councilmembers and two members of the public to the committee. The
motion to amend was friendly to the maker and seconder.
Motion to amend by Councilmember Ilimmelrich to direct staff to return at
the next Council meeting with a resolution as amended and with
recommendations for the appointment process. The motion to amend was
friendly to the seconder.
The motion was approved by unanimous voice vote, with all members
present.
COUNCILMEMBER 13-A: Annual Appointments to the following Boards and
DISCUSSION ITEMS: Commissions, was presented:
ANNUAL
APPOINTMENTS Board/Commission No. of Appts. Term Ending
Planning Commission 1 6/30/2019
Santa Monica Pier Corporation 7 6/30/2017
Social Services Commission 3 6/30/2019
Member of the public Zina Josephs spoke generally in favor of
appointment of Amy Aukstikalnis to the Planning Commission.
The Pier Corporation appointments were continued pursuant to previous
Council action on Item 8-A.
City Clerk Sarah Gorman requested the Social Services Commission
appointments be continued to a date uncertain.
Motion by MUor McKeown, seconded by Councilmember Winterer, to
continue the Social Services Commission appointments be continued to a
date uncertain. The motion was approved by a unanimous voice vote, with
all members present.
On order of the Mayor, the floor was opened for nominations for the
Planning Commission.
18 July 14, 2015
Councilmember Himmelrich nominated Mario Fonda-Bonardi.
Councilmember Davis nominated Patrick Tighe.
Mario Fonda-Bonardi was appointed by the following vote:
Fonda-Bonardi: Councilmembers Himmelrich, Winterer, Mayor Pro Tem
Vazquez, Mayor WE
Tighe: Councilmembers Davis, O'Day, O'Connor
VACATION RENTAL, 13-B: Request of Mayor McKeown, Mayor pro tem Vazquez, and
ORDINANCES Councilmember Davis that Council support SB593 (McGuire), which
has been amended at Santa Monica's suggestion to preserve local
Councilr wniber O'Day +i,as control over vacation rental ordinances while requiring internet
excused at 12:49 a. m. platforms to share appropriate booking location and price data, and
direct City staff to convey Santa Monica's support to state legislators
and the Governor, was presented.
Member of the public Cara Brown spoke generally in opposition to the
recommended action.
Motion by Mayor McKeown, seconded by Councihnember Himmelrich, to
adopt the presented action. The motion was approved by a unanimous voice
vote, with all members present excepting Councilmember O'Day.
SISTER CITY 13-C: Request of Mayor McKeown and Councilmembers O'Connor
ASSOCIATION and Winterer that Council allocate $15,000 of already -budgeted
Council contingency funds for the Santa Monica Sister City
Association, through its Sister City Foundation, to develop and expand
Santa Monica's cultural and academic relationships with other cities
and to help fund youth travel to sister cities where local family income
levels might otherwise mare equitable participation challenging, was
presented.
There were no members of the public present to speak on this item.
Motion by Councilmember Winterer, seconded by Mayor McKeown, to
adopt the presented action.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Connor
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
19 July 14, 2015
ABSENT: Councilmember O'Day
CLEAN BEACHES & 13-1): Recommendation to accept Peter Shellenbarger's resignation
OCEAN PARCEL TAX from the Clean Beaches & Ocean Parcel Tax Citizens Oversight
CITIZENS OVERSIGHT Committee and authorize the City Clerk to publish the vacancy, was
COMMITTEE presented.
There were no members of the public present to speak on this item.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
SOCIAL SERVICES 13-E: Recommendation to accept Jossimar Fuentes' resignation from
COMMISSION the Social Services Commission and authorize the City Clerk to
publish the vacancy, was presented.
There were no members of the public present to speak on this item.
Motion by Councilmember Winterer, seconded by Councilmember
I limmelrich, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
CONTINGENCY FUND 13-F: Request of Mayor McKeown, Mayor pro tem Vazquez, and
Councilmember Himmelrich that the Council allocate from its already -
budgeted contingency fund $10,000 as a founding contribution to the
David B. Finkel Social Justice Scholarship, via the Santa Monica
College Foundation, to be used as matching funds to encourage further
donations to support our community's low-income youth in getting a
college education, was presented.
There were no members of the public present to speak on this item.
Motion by Mayor McKeown, seconded by Councilmember Himmelrich, to
adopt the presented action. The motion was approved by the following
vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
20 July 14, 2015
AFFORDABLE HOUSING 13-G: Request of Mayor McKeown that Council direct staff to
PRODUCTION PLAN evaluate potential improvements to Santa Monica's Affordable
Housing Production Plan in light of recent court decisions, and return
to Council with analysis and recommendations, was presented.
There were no members of the public present to speak on this item.
Motion by Mayor McKeown, seconded by Councilmember Himmeirich, to
adopt the presented action. The motion was approved by a unanimous voice
vote, with all members present excepting Councilmember O'Day.
ETHICS CODE 13-H: Request of Mayor McKeown and Councilmember Himmelrich
that Council direct staff to return with proposals for a comprehensive
City of Santa Monica ethics code, with the following goals: a) To
establish standards of ethical conduct — especially those dealing with
conflicts between personal interests and those of the City — for City
officials, employees, consultants, candidates, and those who do business
with the City; (b) To provide clear guidance with respect to such
standards by clarifying which acts are allowed and which are not; (e)
To promote public confidence in the integrity of our City's governance
and administration; (d) To provide for the consideration of potential
ethical problems before they arise, so as to minimize unwarranted
suspicion and enhance the accountability of our City's government to
Santa Monica residents; and (e) To provide for the fair and effective
administration and enforcement of this code, was presented.
Members of the public Michael Toney and Denise Barton spoke generally
in favor of the recommended action.
Motion by Councilmember Himmelrich, seconded by Mayor McKeown, to
adopt the staff recommendation. The motion was approved by a unanimous
voice vote, with all members present excepting Councilmember O'Day.
PUBLIC INPUT: Members of the public Johnathan Foster, People of California, Art Casillas,
Dhun May and Brian Hutchings commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 1:25
a.m. in memory of Judge David Finkel.
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED:
kLxat-�
Kevin McKeown
Mayor
21 July 14, 2015