m030116.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 1, 2016
A special meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:31 p.m., on
Tuesday, March 1, 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 Terry O'Day
Absent Councilmeauber Paan O'Connor
Also Present: City Manager Rick Cole
City Attorney Marsha Jones Moutrie
City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present except Councilmember O'Connor. Councilmember
O'Day 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 5:34 p.m., to consider
closed sessions and returned at 6:53 p.m., with Councilmember O'Connor
absent, to report the following:
I.A. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
549569 (d)(1): National Business Aircraft Association, et al. v. City of
Santa Monica, Part 16 Proceeding FAA Docket No. 16-14-04
The City Attorney advised this matter was heard, with no reportable action
taken.
I.B. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1): City of Santa Monica v. Justice Aviation, Los Angeles
Superior Court Case Number 16R00754
March 1, 2016
The City Attorney advised this matter was heard, with no reportable action
taken.
I.C. Conference with Legal Counsel - Existing Litigation: Litigation
has been initiated formally pursuant to Government Code Section
54956.9(4)(1): 1 case - Part 16 proceedings re leasing policy, landing
fees and loans (filed but not yet docketed)
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): City of Santa Monica v. United States of America, et al.,
United States Court of Appeals for the Ninth District Case Number 14-
55583
The City Attorney advised this matter was heard, with no reportable action
taken.
I.E. Conference with Legal Counsel - Anticipated Litigation -
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(4)(2) - Threatened Part 16 proceeding - Atlantic
Aviation
The City Attorney advised this matter was heard, with no reportable action
taken.
I.F. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1) — Justice Aviation, Inc., et al. v. City of Santa Monica Los
Angeles Superior Court Case Number BC 603 327
The City Attorney advised this matter was heard, with no reportable action
taken.
I.G. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1) - United States v. Texas, United States Supreme Court
Number 15-674 - Request to join Amicus Brief
The City Attorney reported that the Council agreed to join the Amicus
Brief, with Councilmember O'Connor absent.
I.H. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
2 March 1, 2016
Code Section 54956.9 (d)(2) - 2 cases - Part 16 proceedings re leasing
policy, landing fees and loans
The City Attorney advised this matter was heard, with no reportable action
taken.
SPECIAL AGENDA 2.A. City Manager's Report: Update on 2016 Homeless Count, was
ITEMS: presented.
HOMELESS COUNT
Members of the public Jerry Rubin and Shawn Landres commented on this
items.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Stacy Howard and Denise Barton commented on
various Consent Calendar items.
At the request of Councilmember Himmelrich, Item 3-G was removed from
the Consent Calendar.
Motion by Councilmember O'Dgy, seconded by Councilmember Davis to
approve the Consent Calendar except for Item 3-G, reading resolutions by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
AIRPORT PROPERTY 3.A. First Modification to Contract #3022 with Aeroplex Group
MANAGEMENT Partners, LLC for Property Leasing and Management Services, was
SERVICES approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute professional
services agreement No. 10262 (CCS) in the amount of $325,000
with Acroplex Group Partners, LLC ("Aeroplex"), a California-
based corporation, to provide additional commercial real estate
leasing, consulting, and property management services for the Santa
Monica Airport. This will result in a one year amended agreement
expiring on June 30, 2016 in the amount of $404,990 with two one-
year options to renew in the amount of $325,000 in FY 2016-17 and
$325,000 in FY 201718 at the sole discretion of the City for a total
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amount not to exceed $1,054,990 with future year funding
contingent on Council budget approval.
2. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
BROADBAND PILOT 3.B. Digital Inclusion Broadband Pilot Program Subscription Rates,
PROGRAM was approved and adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the Resolution No. 10937 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING DIGITAL INCLUSION BROADBAND PILOT
PROGRAM SUBSCRIPTION RATES."
2. Authorize the City Manager to waive proposed installation and
subscription rates to Affordable Housing Providers, for the sole
purpose of the City to deliver public broadband service to
Community Rooms, located within affordable Multi -Housing
developments with no less than 25% of its total units qualified as
affordable units onsite, whereby Community Rooms are designated
as common area rooms utilized for tenant child development
services, educational purposes, career development, and other
activities as specified by the City's Public Housing Agency.
3. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
SECURITY INITIATIVE 3.C. Acceptance of 2014 Urban Area Security Initiative Grant Funds
GRANT FUNDS for the Implementation of an Interoperable Public Safety Trunked
Radio Communications System, was approved and adopted.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant award in the amount
of $2,997,543 from the 2014 Urban Area Security Initiative (UASI)
to implement a new interoperable public safety trunked radio
system and negotiate and execute a first modification of the 2014
UASI Grant Subrecipient Agreement with the City of Los Angeles
for a new total amount of $3,306,050.
2. Authorize the City Manager to negotiate and execute contractual
service Agreement No. 10263 (CCS) with Motorola Solutions, Inc.,
an Illinois -based company, for purchase and installation of radio
infrastructure equipment to implement an interoperable public
safety trunked radio system. This would be a sole source contract in
an amount not to exceed $3,000,000.
3. Adopt Resolution No. 10938 (CCS) entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
4 March 1, 2016
APPROVING MEMBERSHIP IN THE INTERAGENCY
COMMUNICATIONS INTEROPERABILITY SYSTEM JOINT
POWERS AUTHORITY".
4. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
EXPO LIGHT RAIL, 3.D. Expo Light Rail Marketing Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 66 to GOOD Worldwide Inc., a California-based
company for Expo Light Rail marketing services;
2. Authorize the City Manager to negotiate and execute professional
service Agreement No. 10264 (CCS) with GOOD Worldwide Inc.,
in an amount not to exceed $500,000 for one year, with one -
additional one-year renewal option in the amount of $250,000, on
the same terms and conditions for a total amount not to exceed
$750,000 over a two-year period, with future year funding
contingent on Council budget approval.
CLOVER PARK 3.E. Design Services for The Clover Park Restroom Facility
RESTROOM Replacement Project SP2388, was approved.
REPLACEMENT
Recommended Action
Staff recommends that the City Council:
I. Award Request for Proposals (RFP) SP2388 to DNA A+D /
Pleskow Architects, a California-based company for design
services for the Clover Park Restroom Facility Replacement
Project.
2. Authorize the City Manager to negotiate and execute professional
service Agreement No. 10265 (CCS) with DNA Architecture and
Design, in an amount not to exceed $114,410 (including 10%
contingency).
3. Authorize the Director of Public Works to issue any necessary
changes to complete additional work within budget authority.
SEWER MASTER PLAN 3.F. Sanitary Sewer Master Plan Preparation, was approved.
Recommended Action
Staff recommends that the City Council:
1, Award RFP 464 to HDR Incorporated, a Nebraska -based company,
for the preparation of a Sanitary Sewer Master Plan and assistance
with Water Modeling iterations;
2. Authorize the City Manager to negotiate and execute professional
service Agreement No. 10266 (CCS) with HDR Incorporated, in
5 March 1, 2016
an amount not to exceed $505,000 (including a 10% contingency)
for four years from the date of contract execution;
3. Authorize the Director of Public Works to issue any necessary
changes to complete additional work within contract authority;
4. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
710 WILSHIRE 3.11. Statement of Official Action denying without prejudice appeal
BOULEVARD 15ENT-0321 of the Joint Design Review Body's denial of Building
Design, Colors, Materials, and Landscape Plans for 14ARB-173 for the
construction of a new 271 -room hotel and 15,210 square feet of ground
floor retail/restaurant space at 710 Wilshire Boulevard, was approved.
Recommended Action
Staff recommends that the City Council approve the attached Statement of
Official Action denying Appeal 15ENT-0321 and upholding the Joint
Design Review Body's denial of Building Design, Colors, Materials, and
Landscape Plans for 14ARB 173 for the construction of a new 271 -room
hotel and 15,210 square feet of ground floor retail/restaurant space at 710
Wilshire Boulevard.
CITYWIDE RESIDENT 3.I. Amendment to Professional Services Agreement for additional
SURVEY work related to the Bi -annual Citywide Resident Survey, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to professional services
agreement No.10141 in the amount of $69,050 with Goodwin Simon
Strategic Research Corporation, a California based company, for additional
scope of work related to the Bi -annual Citywide Resident Satisfaction
Survey. This will result in a four-year amended contract agreement with a
new total amount not to exceed $192,450, with future year funding
contingent on Council budget approval.
CLEAN ENERGY (PACE) 3.J. Adopt Resolutions to Authorize Additional Property Assessed
PROVIDERS Clean Energy (PACE) providers, was adopted.
Recommended Action
Staff recommends that City Council:
1. Adopt Resolution Nos. 10939 (CCS) through 10943 (CCS)
authorizing additional Property Assessed Clean Energy (PACE)
programs through the following joint powers authorities.
California Home Finance Authority, California Enterprise
Development Authority, California Municipal Finance Authority,
and California Statewide Communities Development Authority.
2. Authorize the City Manager to negotiate and enter into member
6 March 1, 2016
Agreement Nos. 10267 (CCS) and 10265 (CCS) with the following
Joint Powers Authorities (JPAs): California Home Finance
Authority and California Enterprise Development Authority.
PROPERTY 3.G. Property Management Services for Affordable Housing, was
MANAGEMENT FOR presented.
AFFORDABLE HOUSING
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a fifth modification to Contract #9153, in an amount
not to exceed $164,245, with Real Estate Consulting and Services, Inc.
(RSCS), a California-based company, for property management services at
City -owned residential properties. The proposed amendment would result
in a new total contract amount not to exceed $3,413,316. The proposed
amendment would not extend the existing term beyond December 2016.
Councilmember Himmelrich pulled this item because she was having
difficulty reconciling the numbers listed in the staff report, and
understanding why there is a need to provide an increase in this contract.
Questions were asked and answered of staff.
Motion by Councilmember Himmelrich seconded by Councilmember
_McKeown, to approve the recommended action. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
STUDY SESSION: 4.A. Santa Monica Use of Open Data and Performance Management
MANAGEMENT Practices, was presented.
PERFORMANCE
PRACTICES Recommended Action
Staff recommends that the City Council conduct a study session exploring a
citywide approach to more consistently use data to manage performance,
and direct staff to proceed with implementation of a data and performance
management program.
Member of the public Shawn Landres and Bill Parent.
Considerable discussion ensued on topics including, but not limited to:
defining true outcomes; concerting with the community on what the desired
outcomes should be for the Strategic Priorities; deciding process to get
results, this will be a good way to keep the Council on track., and hold them
accountable; Wellbeing needs to be in step with this; the Sustainable City
7 March 1, 2016
Plan, could be used as an example; concerns about reaching out to the
public to get responses to improve engagement and involvement, including
Boards and Commissions; how data would be useful to help understand
inadequacies in certain areas; organizing data in an accessible way so
people are not overwhelmed with it; assure that data will only be used in a
good way; need to include benchmarks, social cohesiveness, and collecting
data to help communicate better with the community; data will help lead to
solutions; it can create a system where we know progress when we see it,
and there was support of recruitment of a Chief Data Officer.
On order of the Mayor, the information was received and file.
ORDINANCES: 7.A. Proposed Ordinance Regulating Lobbying, was presented.
LOBBYING ORDINANCE
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached proposed ordinance which would regulate lobbying of City
officials and City staff. Staff also recommends that the Council direct staff
to prepare a modification to the Council Rules requiring disclosure of
contacts with Lobbyists and to promulgate an Administrative Instruction
requiring staff disclosure of contacts with lobbyists.
Members of the public Jerry Rubin, Denise Barton, Michael Toney, and
Mary Marlow spoke on the recommended action.
Questions for staff included: should non-profit boards and their staff be
considered; add a stipulation that require lobbyist to report in a shorter time
than 10 days; a question about donations, should campaign contributions be
included as gifts; and, can the private right of action be added back into the
ordinance.
Considerable discussion ensued on topics including, but not limited to:
private right of action; reporting in a timely manner; concerns about the
local board and employees be excluded, and not considered Lobbyist; there
needs to be a fairly robust process to create guidelines, including a remedy
through state law; and, who should register as a lobbyist, and when should
reporting occur.
Motion by Councilmember Davis, seconded by Councilmember O'Day, to
approve the ordinance as drafted by staff, with one amendment regarding
reporting.
Councilmember Himmelrich proposed a friendly amendment to propose the
FPPC definition of what is a qualified official. The motion and seconder
accepted it as friendly.
8 March 1, 2016
Mayor Pro Tem Winterer, proposed a friendly amendment to delay the
implementation for 180 days after adoption.
The City Attorney recommended on Section 4.85.030(i), to add the names
of each public official whom the Lobbyist has contacted on each matter;
add at the end of 4.85.020, that disclosure occur prior to the public hearing
on the subject of the lobbying effort, whichever is sooner; and, the
definition of Lobbyist does not include city contactors or persons who are
seeking City contracts, and any entities that work with the City on
contracts, including the special boards and non-government entities.
_Motion by Councilmember Davis, seconded by Councilmember O'DaX, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with amendments, and inclusion from the
City Attorney. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
COUNCILMEMBER 13.A. Recommendation to accept Anne Troutman's resignation from
DISCUSSION ITEMS: the Arts Commission and authorize the City Clerk to publish the
ARTS COMMISSION vacancy, was presented.
There were no members of the public present.
Motion by Councilmember Winterer, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with Councilmember
O'Connor absent.
ARTS COMMISSION 13.8. Recommendation to accept Keith Fiddmont's resignation from
the Arts Commission and authorize the City Clerk to publish the
vacancy, was presented.
There were no members of the public present.
Motion by Councilmember Himmelrich, to accept the resignation with
regret.
The motion was approved by a unanimous voice vote, with Councilmember
O'Connor absent.
9 March 1, 2016
ADJOURNMENT
On order of the Mayor, the City Council meeting was adjourned at 10:02
p.m.
10 March 1, 2016