m20160112.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 12, 2016
A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:32 p.m., on
Tuesday, January 12, 2016, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Tony Vazquez
Mayor Pro Tem Ted Winterer
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:15 p. m.)
Councilmember Terry O'Day (arrived at 5:55 p. m)
Also Present: City Manager Rick Cole
City Attorney Marsha Jones Moutrie
Acting City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmembers O'Connor and
O'Day. Councilmember Himmelrich led the assemblage in the Pledge of
Allegiance. ,
ANNOUNCEMENT Assistant City Manager read an announcement from Sarah Gorman that she
will be stepping down from her position as City Clerk for personal reasons,
and will be working as a Senior Advisor to the City Attorney and City
Manager.
CLOSED SESSIONS Members of the public Denise Barton commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
closed sessions and returned at 7:12 p.m., with all members present, to
report the following:
I.A. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) - 2 cases - 1) Part 16 re leasing policy,
landing fees and loans 2) Voting Rights Act
The City Attorney advised this matter was heard with no reportable action
taken.
1 -- January 12, 2016
I.B. Conference with Legal Counsel - Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4) -1605 Ocean Front Walk
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. Public Employee Evaluation: Title of Employee: City Manager
The City Attorney advised this matter was heard with no reportable action
taken.
I.D. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): National Business Aircraft Association, et al. v. City of
Santa Monica, FAA Docket No. 16-14-04
The City Attorney advised this matter was heard with no reportable action
taken.
I.E. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Mahgerefteh v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 541 384
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA 2.A. Proclamation designating the last week of January National
ITEMS: Homeless Count Week, was presented by the Mayor.
2.B. City Manager's Report: Update on the Santa Monica Animal
Shelter, was presented.
CONSENT CALENDAR: There being a Consent Calendar for the Redevelopment Successor Agency,
JOINT MEETING WITH the Mayor, with the consensus of the Councilmembers, convened to a joint
THE REDEVELOPMENT meeting with the Redevelopment Successor Agency at 7:26 p.m., and the
SUCCESSOR AGENCY two Consent Calendars were heard concurrently, with all members present.
All items were considered and approved in one motion unless removed by
an Agency/Councilmember for discussion.
Members of the public Denise Barton, Fernando Aguinaldo, Harold Pick,
Jonathan Foster, and Zina Josephs commented on various Consent
Calendar items.
2 January 12, 2016
Motion by gency/Councilmember McKeown, seconded by
Agency/Councilmember Himmelrich _, to approve the Consent Calendar,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Agency/Councilmembers O'Connor, O'Day, Himmelrich,
Davis, McKeown, Chair Pro Tem/Mayor Pro Tem Winterer,
Chair/Mayor Vazquez
NOES: None
ABSENT: None
MINUTES 3.A. The minutes for the November 24, 2015 City Council, were
approved.
MINUTES 3.B. The minutes for the December 8, 2015 City Council, were
approved.
MINUTES 3.C. The minutes for the December 15, 2015 City Council, were
approved.
SANTA MONICA 3.D. Motor Vehicle and Pedestrian Access Agreement to Airport
COLLEGE BUNDY Avenue from Santa Monica College Bundy Campus, was approved.
CAMPUS
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute five-year Motor Vehicle and Pedestrian Access
Agreement No. 10236 (CCS) with Santa Monica Community College
District ("SMC") to allow for pedestrian ingress and egress, and continued
vehicular egress from the north vehicle gate at SMC's Satellite Campus to
the intersection of Donald Douglas Loop South and Airport Avenue.
BID #4225 3.E. Bid Award for Purchase of One Compressed Natural Gas Rear
Broom Street Sweeper, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44225 to Ray Gaskin Service, a California-based
company, for the purchase and delivery of one Compressed Natural
Gas Rear Broom Street Sweeper.
2. Authorize the Purchasing Services Manager to issue a purchase
order with Ray Gaskin Service for one Compressed Natural Gas
Rear Broom Street Sweeper in an amount not to exceed $339,123.
POLICE UTILITY 3.F. Purchase of 22 Police Interceptor Utility Vehicles, was approved.
VEHICLES
3 January 12, 2016
Recommended Action
Staff recommends that the City Council authorize the Purchasing Services
Manager to issue a purchase order with Folsom Lake Ford, a California-
based company, for the purchase and delivery of 22 Ford Police Interceptor
Utility Vehicles pursuant to Section 2.24.080(b) of the Santa Monica
Municipal Code, in an amount not to exceed $701,100.
EMERGENCY 3.G. San Vicente Emergency Generator Project, was approved.
GENERATOR PROJECT
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to Construction Contract No. 10020 (CCS) in the
amount of $300,000 with Cora Constructors, Inc., a California-
based company, to provide additional services and install a required
fire suppression system.. This would result in a new contract
amount not to exceed $2,044,205.
2. Authorize the City Manager to negotiate and execute a second
modification to Professional Services Agreement #9641 in the
amount of $65,000 with Lee & Ro, Inc., a California-based
company, to provide additional engineering services for the San
Vicente Emergency Generator Project. This would result in a new
total amount not to exceed $393,500.
3. Authorize the budget changes as outlined in the Financial Impacts
and Budget Actions section of this report.
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
INDEPENDENT 3.11. Third Modification to Agreement for Independent Auditing
AUDITING SERVICES Services for the City of Santa Monica, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a third modification to Professional Services
Agreement #9373 in the amount of $23,800 with Macias Gini &
O'Connell, a Califoinia-based company, to provide additional financial
auditing services. This will result in a five-year amended agreement with a
new total amount not to exceed $821,081.
BID 94223 3.1. Bid Award for the Purchase of Four Bin Trucks, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44223 to Reynolds Buick, a California-based company,
for the purchase and delivery of four Bin Trucks for the Resource
4 January 12, 2016
Recovery and Recycling division of the Public Works department;
2. Authorize the Purchasing Services Manager to issue a purchase
order with Reynolds Buick for the purchase and delivery of four
Bin Trucks in an amount not to exceed $234,554.
VEHICLE RENTAL 3.1 Bid Award for Vehicle Rental Service for Police Department,
SERVICE was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4210 to Enterprise Rent-A-Car, a Missouri -based
company, for Vehicle Rental Service.
2. Authorize the Purchasing Services Manager to issue a purchase
order for the Police Department with Enterprise Rent-A-Car for
Vehicle Rental Service in an amount not to exceed $118,484 for one
year, with two additional one-year renewal options to extend at a
3% price increase for a total not to exceed $366,223 with future
year funding contingent on Council budget approval.
3. Authorize the Purchasing Services Manager to issue a purchase
order for Fleet Management with Enterprise Rent-A-Car for Vehicle
Rental Service in an amount not to exceed $133,700 for one year,
with 2 additional 1 -year renewal options to extend at a 3% price
increase for a total not to exceed $413,253 with future year funding
contingent on Council budget approval.
LOW CARBON TRANSIT 3.K. Adopt a Resolution for the Low Carbon Transit Operations
OPERATIONS Program, was adopted.
PROGRAM
Recommended Action
Staff recommends that the City Council adopt Resolution No. 10929
(CCS), entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY
MANAGER FOR THE AUTHORIZATION FOR THE EXECUTION OF
THE CERTIFICATIONS AND ASSURANCES FOR THE LOW
CARBON TRANSIT OPERATIONS PROGRAM (LCTOP)."
FIRE DEPARTMENT 3.L. Award of Bid for Fire Department Equipment, was approved.
EQUIPMENT
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4231 to two vendors: L.N. Curtis, a California-based
company and Allstar Fire Equipment, a California-based company
for the purchase of fire hose, fire tools, and fire equipment;
2. Authorize the Purchasing Services Manager to issue a purchase
order with L.N. Curtis for the purchase of fire hose, fire tools and
fire equipment in the amount not to exceed $633,000 for one year,
5 January 12, 2016
with two additional one year renewal options in the amount of
$300,000 for a total not to exceed $1,233,000 with future year
funding contingent on Council budget approval.
3. Authorize the Purchasing Services Manager to issue a purchase
order with Allstar Fire Equipment for the purchase of fire tools and
fire equipment in the amount not to exceed $107,000 for one year,
with two additional one year renewal options in the amount of
$100,000 for a total not to exceed $307,000 with future year
funding contingent on Council budget approval.
JOINT MEETING WITH 3.M. Recognized Obligation Payment Schedule: July 2016 through
THE REDEVELOPMENT June 2017 and Administrative Budgets, were adopted.
SUCCESSOR AGENCY
RECOGNIZED Recommended Action
OBLIGATION PAYMENT Staff recommends that the Redevelopment Successor Agency adopt
SCHEDULE Resolution No. 27 (SA) entitled, "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING
AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR JULY 2016- JUNE 2017", and Resolution No. 28 (SA)
entitled, "A RESOLUTION OF THE SANTA MONICA
REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND
ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD
JULY 2016- JUNE 2017, INCLUSIVE".
ADJOURNMENT OF On order of the Chair/Mayor, the joint meeting with the Redevelopment
JOINT MEETING Successor Agency was adjourned at 7:35 p.m., and the regular meeting of
the City Council was reconvened, with all members present
ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2507 (CCS)
SAN VICENTE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
BOULEVARD OF SANTA MONICA ADDING SECTION 9.56.310 TO THE SANTA
COURTYARD MONICA MUNICIPAL CODE DESIGNATING THE SAN VICENTE
APARTMENTS BOULEVARD COURTYARD APARTMENTS HISTORIC DISTRICT,"
was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance,
Motion by Councilmember Himmelrich, seconded by Councilmember
Davis, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day,
O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: None
6 January 12, 2016
1.601. LINCOLN BLVD. 7.11. Second Reading and Adoption of Ordinance No. 2508 (CCS)
DEVELOPMENT entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
AGREEMENT OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A
MUNICIPAL CORPORATION, AND FSTAR 1601, LLC", was
presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmehfich, seconded by Couneilmember
Davis, to adopt 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, Himmelrich, Davis,
McKeown, Mayor Pro Tern Winterer, Mayor Vazquez
NOES: None
ABSENT: None
MINIMUM WAGE 7.C. Introduction for First Reading an Ordinance Setting a
Minimum Wage to be Effective in the City of Santa Monica, was
presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance setting a minimum wage to be effective in the City of
Santa Monica with a phased approach to reach $15 per hour by 2020 for
most businesses; and to reach $15.37 per hour by July 1, 2017 for hotel
workers.
Members of the public Richard Hilton, Jason Islas, Hunter G. Hall, Beth
Schrader, Laurel Rosen, Richard Peterson, Colby Goff, Carl Hansen, ,
Robert Huddock, Paloma Nicholas (time donated by Claudia Batista),
Austen Ariniello, Jasmine Joffe, Renya Orellana, Andy Moss, Linda Piera-
Avila, Jonah Breslav, Maritza Ponce (time donated by Joseph Silva),
Melanie Luthern, Alexander Weyman (time donated by Andrew Cohen),
Vivian Rothstein, Jim Conn, Abby Arnold, Jackie Martin, Lupe Stevenson,
Rose Marie Molina, Sion Roy, Cathy Gentile, Janet McKeithen, Sophia
Cheng, Eleutario Sanchez, Derek Smith, Bridie Roberts, Oscar de la Torre,
Maria Loya, Sarah Braff, Matthew Lehman, Francis Engler (time donated
by Maria Zamora), Ira Gottlieb, Marcy Winograd, Jennifer Kennedy,
Jeremy Blasi, Denny Zane, (late) Jeramy Stutes, Robin Welner, and Sonya
Sultan spoke generally in favor of the recommended action.
7 January 12, 2016
Members of the public Ruben Gonzalez (time donated by Bill Tocantins),
Jonathan Foster, and People of California, spoke generally in opposition to
the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve staff recormnendation to introduce and hold first reading
of the ordinance reading by title only and waiving further reading thereof.
Councilmember Himmelrich proposed a friendly amendment, that for
hotels over 100 rooms, that the pay rate become $15.37 in July 2016. The
motion was not considered friendly to the maker or the seconder.
Councilmember Himmelrich made a second friendly amendment to
eliminate the surcharge provision all together, and include only service
charges -- Page 11 of 26, Alternative 2, in Exhibit H
The motion was considered friendly by the maker, but not by the seconder,
and that this is an issue that should be referred to the Working Group.
Considerable discussion ensued on topics including, but not limited to
surcharges and service fees, transparency for consumers, student workers,
number of sick days, protect people who file grievances, service charge
issues, being careful not to demonize those who have a different opinion,
the minimum wage should apply equally to all workers, and seasonal
workers.
The original motion was restated, and approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSTAIN: Councilmember O'Connor
Direction was given to staff to authorize the City Manager to form a
working group, and that the working group should investigate the
following: service charge in Alternative 11; seasonal workers, solving the
logistics problem that comes with sick days; worker protection when filing
grievances; definitions that are in or omitted from the statute; level of
disclosure to consumers and employees regarding surcharges and fees;
4.2.60(a) banquet service charge, does not include back of the house
workers; number of sick days, and when it comes into effect; the best way
to introduce the ordinance and provide Outreach to employers and workers;
definition of Supervisor in the ordinance; accrual of penalties; how to
consolidate the four minimum wages running concurrently in the city; the
difference between hotels and restaurants; are penalties strong enough
regarding keeping good records; and temporary exemptions might include
8 January 12, 2016
some sort of public testimony.
Council directed the City Manager, and staff to be responsible for
convening the Working Group to prioritize the amendment items, and come
back with an ordinance.
STAFF S.A. Potential New Local Funding Sources for Affordable Housing,
ADMINISTRATIVE was presented.
ITEMS:
AFFORDABLE HOUSING Recommended Action
Staff recommends that the City Council:
1. Review, comment, and provide direction regarding a report
prepared by the Housing Commission regarding potential sources of
funding for affordable housing;
2. Review, comment, and provide direction regarding a narrowed list
of potential sources of financing for affordable housing, and
3. Authorize the City Manager to negotiate and execute a first
modification to professional services agreement No. 10141 in the
amount of $40,000 with Goodwin Simon Strategic Research, a
California-based company, to conduct a resident survey to gauge
support for various potential affordable housing funding strategies,
resulting in a four-year amended agreement with a total amount not
to exceed $123,400.
Members of the public Denise Barton, Michael Soloff (time donated by Ed
Hunsaker), Richard Hilton (time donated by Zina Josephs), Jim Conn, Art
Casillas, Denny Zane, Sarah Letts, People of California, and (late) Jennifer
Kennedy, spoke on the recommended action.
Questions were asked of staff regarding polling options, and how many
questions should be included on the survey for wording for a possible ballot
measure; increasing the sample size enough to assess more options; and,
clarification that this would be an advisory tax.
Considerable discussion ensued on topics including, but not limited to
polling about prioritizing affordable housing and all of the possible ballot
measures to consider possible voter fatigue, resistance to a documentary
transfer tax.
_Motion by Councilmember Davis, seconded by Councilmember O'Day, to
authorize the City Manager to negotiate and execute a first modification to
professional services agreement No. 10141, in the amount of $40,000 with
Goodwin Simon Strategic Research to conduct a resident survey.
Comments and direction given to staff for possible survey questions,
include: documentary transfer tax and transient occupancy tax in Los
9 January 12, 2016
Angeles; construction and sales tax in all variations, and possible spending;
reframe the poll questions; gather community opinion about funds going to
rehabbing homes instead of building new ones; give a better definition of
Affordable Housing;
Councilmember McKeown made a friendly amendment to increase the
dollar amount to $60,000 in order to increase the number of people being
polled. The motion was accepted as friendly by the maker.
The amended motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis,
McKeown, Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ASSENT: None
COUNCILMEMBER 13.A. Appointment to one annual vacancy on the Clean Beaches and
DISCUSSION ITEMS: Ocean Parcel Tax Citizens Oversight Committee for a term ending on
CLEAN BEACHES AND 1213112017, was continued.
OCEAN PARCEL TAX
CITIZENS OVERSIGHT On order of the Mayor, this item was continued to the next, Council
COMMITTEE meeting.
COMMISSION ON THE 13.11. Appointment to one unscheduled vacancy on the Commission
STATUS OF WOMEN on the Status of Women for a term ending on 06/30/2016, was
continued.
On order of the Mayor, this item was continued to the February 9, 2016,
Council meeting.
COMMISSION ON THE 13.C. Appointment to one unscheduled vacancy on the Commission
STATUS OF WOMEN on the Status of Women for a term ending on 613012017, was continued.
On order of the Mayor, this item was continued.
SOCIAL SERVICES 13.D. Appointment to one unscheduled vacancy on the Social Services
COMMISSION Commission for a term ending on 6130/2016, was presented.
There were no members of public present for this item.
On order of the Mayor, the floor was opened for nominations.
Councilmernber Winterer nominated Anita Prentice. There being no other
nominations, Ms. Prentice was appointed by acclamation, will all members
present.
10 January 12, 2016
ELLIS EXPANSION 13.E. Request of Mayor pro tem Winterer and Councilmember
McKeown that Council direct staff to explore expanded Ellis and other
involuntary relocation protections for households which include
school-age children, similar to the augmented protections afforded
seniors and persons with disabilities, to avoid the trauma to vulnerable
young people of unanticipated forced dislocation and re -enrollment in
the middle of a school year, was presented.
There were no members of the public present on this item.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Winterer, to give direction to staff to investigate whether we locally have
the ability to do something to protect young children, and that Council
support the statewide efforts that are underway to make minor amendments
to the Ellis Act that would extend the protection time for people, and would
also require landlords to notify the public agency, and tenants when the
units come back on the market.
Councilmember Davis made an amendment to the motion to broaden the
language to include households with children under the age of 18. The
motion was accepted as friendly by the maker and seconder of the motion.
The amended motion with direction to staff was unanimously approved by
voice vote, with all members present.
PUBLIC INPUT: Members of the public Denise Barton, People of California, Jonathan
Foster, and Art Casillas commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:19
a.m. in memory of Steve Demmer, Warren Long, Haskell Wexler, Rachel
Bendacourt Peterson.
ATTEST: allow
OVED
l ,
Denise Anderson -Warren Toly Vazquez
Acting City Clerk Mayor
11 January 12, 2016