6_12_18 City Council minutes - signed.pdf
1 June 12, 2018
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 12, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:31 p.m., on
Tuesday, June 12, 2018, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Pam O’Connor (arrived at 7:18 p.m.)
Councilmember Terry O’Day (arrived at 5:34 p.m.)
Councilmember Tony Vazquez
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
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 Councilmembers O’Day and O’Connor. City
Manager Rick Cole led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember O’Day
arrived at 5:34 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
closed sessions and returned at 6:53 p.m., with Councilmember O’Connor
absent, to report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Leevan & Wilshire -26 LLC. V. City of Santa
Monica, Los Angeles Superior Court, Case No. SS026729
The City Attorney advised this matter was heard with no reportable action
taken
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Homeaway.com, Inc., and Airbnb, Inc. v. City of
Santa Monica, United States District Court, Central District of
California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW-
2 June 12, 2018
AFM
The City Attorney advised this matter was not heard.
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya
v. City of Santa Monica, Los Angeles Superior Court, Case No. BC
616804
The City Attorney advised this matter was heard with no reportable action
taken
1.D. Conference with Labor Negotiator - Donna C. Peter, Director of
Human Resources Bargaining Unit: Coalition of Santa Monica City
Employees (CSMCE) and Public Attorney's Legal Support Staff Union
(PALSSU)
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 54656.9(d)(1): Gonzalez v. City of Santa Monica, Los Angeles
Superior Court, Case No. 673 289
The City Attorney advised this matter was brought after a parking sign fell
near the intersection of 2nd Street and Arizona, and struck Mr. Gonzalez in
the head causing alleged significant head and cognitive injury. The City
denies and disputes the allegation in the lawsuit, the City Attorney’s Office
recommend settlement in the amount of $55,000.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis
to approve Settlement No. 10698 (CCS) in the amount of $55,000. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
SPECIAL AGENDA
ITEMS:
2.A. Proclamation Designating June 2018 as Pride Month, was
presented by the Mayor.
REPORT ON COUNCIL
TRAVEL
Mayor Winterer reported that he traveled to Boston, MA for the U.S.
Conference of Mayors to meet with Mayors from all over the country to
3 June 12, 2018
discuss issues that they have in common, which range from homelessness,
affordable housing, efforts to combat climate change, autonomous vehicles,
and a host of other topics.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Ben Mishie, Zina Josephs, and Myla Reson
commented on various Consent Calendar items.
At the request of Councilmember Vazquez, Item 3-A was removed from
the Consent Calendar.
Motion by Councilmember Vazquez, seconded by Councilmember O’Day,
to approve the Consent Calendar except for Item 3-A, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers O’Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
AIRPORT PROPERTY
MANAGEMENT
3.B. Award Agreement to Aeroplex Group Partners for Commercial
Real Estate Property Management Services at the Santa Monica
Airport, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 163 to Aeroplex Group Partners, a California-based
company, to provide commercial real estate property management
and related consultant services for the Santa Monica Airport;
2. Authorize the City Manager to negotiate and execute Agreement No.
10689 (CCS) with Aeroplex Group Partners in an amount not to
exceed $723,692 (including a 10% contingency) over a two-year
period with three one-year renewal options in the amount of
$408,000 in year one, $405,000 in year two and $458,000 in year
three for a contract total amount not to exceed $1,994,692 over a
five-year period, with future year funding contingent on Council
approval.
TRANSIT 3.C. Award Bid to Provide Transit On-Board Surveillance System
Service and Repair, was approved.
Recommended Action
Staff recommends that the City Council:
4 June 12, 2018
1. Award Bid #4317 to Wincal Technology Corporation, a California-
based company, for transit onboard surveillance system service and
repair;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10690 (CCS) with Wincal Technology Corporation, in an
amount not to exceed $117,711 including a $10,701 contingency,
for one year, with three-additional contract years, with a 6%
increase in the second contract year and a 5% increase in the third
and fourth contract years, for a total amount not to exceed $511,060
over a four-year period, with future year funding contingent on
Council budget approval.
WATER TREATMENT 3.D. Purchase of Sodium Fluoride for Water Treatment, was
approved.
Recommended Action
Staff recommends that the City Council authorize the Purchasing Services
Manager to issue a purchase order with Westco Chemicals, a California-
based company, for sodium fluoride. This recommended award is made as
an exception to the competitive bidding process pursuant to Section
2.24.080(d) and is for a total amount not to exceed $250,000 with future
year funding contingent on Council budget approval.
FLOORING SERVICES 3.E. Award Agreement to Elite Floorcovering for Citywide Flooring
Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4315 to Elite Floorcovering, a California-based
company, for flooring contractor services;
2. Authorize the City Manager to negotiate and execute Agreement No.
10691 (CCS) with Elite Floorcovering, in an amount not to exceed
$395,000 for two years, with one additional three-year renewal
option in the amount of $592,500, for a total amount not to exceed
$987,500 over a five-year period, with future year funding
contingent on Council budget approval.
WELL MAINTENANCE 3.F. Contract Award and Modification for Water Well and Pump
Maintenance, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4332 to General Pump Company, a California-based
company, for water well and booster pump maintenance and repair
services;
5 June 12, 2018
2. Authorize the City Manager to negotiate and execute Contract No.
10692 (CCS) with General Pump Company, in an amount not to
exceed $2,180,000 over a five-year period, including 2.5% annual
price increases, with future year funding contingent on Council
budget approval.
3. Authorize the City Manager to negotiate and execute a first
modification to agreement #10084 with General Pump Company, in
an amount not to exceed $155,000 for emergency repair of water
well Charnock-13 and additional well and booster pump services
through June 30, 2018. This will result in an amended agreement
with a new total amount not to exceed $683,000.
CITYWIDE COPY PAPER 3.G. Award Bid #4352 for Citywide Copy Paper, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4352 to Staples, a Massachusetts-based company, for
the purchase and delivery of 8½ x 11 office copy paper; and
2. Authorize the Purchasing Services Manager to issue annual
purchase orders with Staples, for the purchase and delivery of 8½ x
11 office copy paper for a total amount not to exceed $336,000 over
a five-year period including a 10% contingency, with future year
funding contingent on Council budget approval.
LOBBYING SERVICES 3.H. Award of Contracts for State and Federal Lobbying Services,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to:
1. Award RFP# 166 to Shaw/Yoder/Antwih, a California-based
company for state representative and legislative advocacy services;
2. Authorize the City Manager to negotiate and execute Agreement No.
10693 (CCS) with Shaw/Yoder/Antwih, in an amount not to exceed
$46,716 for one year, with four additional one-year renewal options
in the amount of $201,305, on the same terms and conditions for a
total amount not to exceed $248,021 over a five-year period, with
future year funding contingent on Council budget approval.
3. Award RFP# 165 to The Ferguson Group, a Washington, D.C.-based
company for federal representative and legislative advocacy
services;
4. Authorize the City Manager to negotiate and execute Agreement No.
10694 (CCS) with The Ferguson Group, in an amount not to exceed
$45,000 for one year, with four additional one-year renewal options
in the amount of $180,000, on the same terms and conditions for a
total amount not to exceed $225,000 over a five-year period, with
future year funding contingent on Council budget approval.
6 June 12, 2018
PICO IMPROVEMENT
ORGANIZATION
3.I. Fiscal Agent Services for Pico Improvement Organization, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Agreement No. 10695 (CCS) with the Pico
Improvement Organization, Inc., for fiscal management of the Pico
Boulevard business improvement district assessment funds for five years
with five additional one-year renewal options.
WORKERS’
COMPENSATION
3.J. Second Modification to Agreement #9650 with InterMed Cost
Containment Services for Workers’ Compensation Medical Bill
Review Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #9650 in the
amount of $100,000 with InterMed Cost Containment Services, a
California-based company, for workers’ compensation medical bill review
services. This will result in a ten-year amended agreement with a new total
amount not to exceed $850,000, with future year funding contingent on
Council budget approval.
WATER
CONSERVATION
PROGRAMS
3.K. Modification of Contract to Change ConserveTrack Vendor
Name to RightThere LLC for continued Software Maintenance and
Support for City Water Conservation Programs, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
execute a seventh modification to agreement #9880 (CCS) to consent to the
title transfer from the vendor name ConserveTrack LLC to RightThere
LLC, for continued software maintenance and support for City water
conservation programs. Effective from the execution date, RightThere LLC
shall assume all of the rights and obligations under agreement #9880
(CCS).
CNG TRUCKS 3.L. Reject Bid for the Purchase of 56 New CNG-Powered Ford F-
250 Pickup Trucks, was approved.
Recommended Action
Staff recommends that the City Council:
1. Reject the only bid for Bid #4303 for the purchase of new
compressed natural gas (CNG)-powered Ford F-250 pickup trucks
as required by Fleet Management; and
2. Direct staff to reissue a bid to obtain the best bidder for the purchase
of new CNG-powered Ford F-250 pickup trucks.
7 June 12, 2018
AIRPORT ROOF 3.M. First Modification to Contract with Best Contracting Services
for the Airport Roof Acrylic Application Project, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10560 (CCS) in
the amount of $220,000 with Best Contracting Services, Inc., a California-
based company, to provide additional roofing repairs to facilities located at
the Santa Monica Airport. This will result in a one-year amended
agreement with a new total amount not to exceed $2,180,123, with future
year funding contingent on Council budget approval.
WEBSITE DESIGN 3.N. Award Contract for Citywide Website Design and
Development, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #128 to Edenspiekermann L.A. Corp., a Delaware-
based corporation, for design and development of a new website,
2. Authorize the City Manager to negotiate and execute Agreement
No. 10696 (CCS) with Edenspiekermann L.A. Corp., in an amount
not to exceed $1,000,000 including a 10% contingency, for a two-
year term and possible one-year extension with the future year
contingent on Council budget approval, and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
2219 VIRGINIA AVENUE 3.O. Resolution No. 11116 (CCS) entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL
NO. 73871 TO SUBDIVIDE A PROPERTY AT 2219 VIRGINIA
AVENUE,” was adopted.
Recommended Action
Staff recommends that the City Council adopt a resolution approving Final
Parcel Map No. 73871 at 2219 Virginia Avenue.
MINUTES 3.P. Minutes for the City Council - Regular Meeting - Mar 27, 2018
5:30 PM, were approved.
MINUTES 3.Q. Minutes for the City Council - Regular Meeting - Apr 10, 2018
5:30 PM, were approved.
CLOVER PARK 3.A. Award Contract to C.S. Legacy Construction for the Clover
Park Restroom Replacement Project, was presented.
8 June 12, 2018
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2388 to C.S. Legacy Construction, Inc., a
California-based company, to provide construction services for the
Clover Park Restroom Replacement Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10688 (CCS) with C.S. Legacy Construction, Inc., in an amount not
to exceed $2,312,010 (including a $210,183 contingency); and
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
This item was pulled by Councilmember Vazquez to ask questions about
who saw and approved this project, the process to recommend this project,
and an explanation of the costs. Questions asked and answered of staff
included, if there was any consideration to use prefab products for this
project, and is the city considering using prefab materials on other projects.
Motion by Councilmember Vazquez, seconded by Councilmember
Himmelrich, to approve the recommendation. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich,
O’Day, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
ORDINANCES:
ZONING
7.A. Second Reading and Adoption of Ordinance No. 2576 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADOPTING CHANGES, CORRECTIONS, AND
CLARIFICATIONS TO THE CITY’S ZONING ORDINANCE,
CHAPTERS 9.01 THROUGH CHAPTER 9.52 OF ARTICLE 9 OF THE
SANTA MONICA MUNICIPAL CODE,” was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
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, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
9 June 12, 2018
SHARED MOBILITY
DEVICES
Councilmember O’Connor
arrived at 7:18 p.m.
7.B. Establish a Pilot Program for Shared Mobility Devices, by 1)
introducing for First Reading an Ordinance setting forth the Pilot
Program, defining the terms and conditions of the Pilot and repealing
previously adopted emergency regulations, 2) adopting Resolution No.
11117 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ESTABLISHING A PERMIT FEE
FOR THE SHARED MOBILITY DEVICE PILOT PROGRAM AND A
PER SHARED MOBILITY DEVICE FEE”, and 3) adopting Emergency
Ordinance No. 2577 (CCS) entitled, “AN EMERGENCY ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
LIMITING RENEWALS OF PERMITS AND BUSINESS LICENSES
AUTHORIZING RENTALS OF SHARED MOBILITY DEVICES
UNDER EXISTING LAW TO FACILITATE TRANSITION TO A NEW
SHARED MOBILITY REGULATORY PILOT PROGRAM”, was
presented.
Recommended Action
Staff recommends that the City Council:
1) Introduce for First Reading the attached proposed Ordinance
establishing the Shared Mobility Pilot Program, defining the terms
and conditions of the Pilot, and repealing previously adopted
emergency regulations;
2) Adopt a Resolution establishing fees and charges in support of the
Pilot program; and,
3) Adopt an emergency ordinance limiting the renewal period for
Vendor Permits for Shared Mobility Devices for FY18-19.
Members of the public Cris Gutierrez Chad Billmyee, Rich Branning,
Dario Pulsini, Josh Warren, Adam Kramer (time donated by Jacob Daltan),
Jesse Schleger, Dylan Skolnick, James Quacaster, Kim Pluth, Hunter Hall,
Chris McDermot, Sam Dreiman, David Estrada (time donated by Jason
Isles), Helen Malmgren, Peter Quain, Carl Hansen, David Islas, Phil
Recht, Christine Rangel, Judy Abdo, Sammy Khorchid, Michael Cahn, and,
Andrew Hoyer, spoke generally in support to the recommended action.
Members of the public Mary Sampson, Martin Reznik, Catherine Lerer,
Michael James Webb, Francois Vaillancourt, Arlene Vaillancourt, Erika
Willhite, Bill Davids, Duncan Moran, Art Casillas, Joey Harris, Bill
Greenslade, Thomas Moran, Richard Chacker, Harriet Epstein (time
donated by Cris McLeod), Myla Reson, Elizabeth Lerer, Matt N, and
Andria McFerson spoke generally in opposition and had concerns on the
recommended action.
Questions asked and answered of staff including: does the 1,500 include all
electrical devices (bikes and scooters), and are we aware if there are any
other forms of modality; how is the split to be determined between scooters
10 June 12, 2018
and bikes; instead of charging per scooter per year, maybe charge per
scooter per day; how many scooters are on the streets today; how was the
1,500 number of devices determined; for a cap, how will that be enforced
since so many people ride scooters into Santa Monica from other cities; a
charge for public property, does that relate to parking scooters or dockless
mobility devices, or is that for the usage of public right-of-way; are there
any statistics about what percentage of dockless users are operating in a
dangerous way; how do you demonstrate sustained demand to increase the
threshold beyond the first year; if there is a discussion based on demand,
why have a cap at all; in the absence of trying to figure this out, how many
vehicles could a neighborhood stand, and at what point does an area
become over saturated; how does Breeze measure to the dockless bikes;
how many trips per day for Breeze bikes; what is our investment in Breeze;
can regular bikes be left at Breeze stations; and, how easily is it to make
flexibility changes to the rules.
Considerable discussion ensued on topics including, but not limited to: acts
of public safety, passive public safety, cooperation with public safety; deal
with the issues of public safety; recognize that electric scooters and bikes
fulfill the cities goals for greener modes of transportation; importance of
safety and equity issues; a dynamic cap based on usage is a better solution
than a static cap; set performance standards for safety to motivate
companies; and, distribute the scooters or bikes throughout the city.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O’Day, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof with the following changes: adopt caps
based on utilization rates of more than three times per day for scooters, two
times per day for bikes, it could be adjusted on a weekly basis; include
within the metrics that are required in the pilot program, use criteria #4
user safety - operators will propose whereby operators can notify their users
of inappropriate use, and that operators can take responsibility and will
show that they are monitoring and being responsible, and that information
can be shared with the city; criteria #5, add there’s a requirement of
customer service being immediately available, remedy devices parked
incorrectly within 2 hours from 7 am – 10 pm, and that vendors will try and
come up with a shorter period of time to remove scooters when they are
illegally parked.
Councilmember Himmelrich proposed a friendly amendment to separate
the modalities into bikes and scooters and have competition within them.
The amendment was considered friendly by the maker and seconder.
Councilmember Himmelrich proposed a friendly amendment to charge a
per day fee for bikes and scooters that are used within the city, instead of
the proposed $130 per device annual fee. The motion was not considered
11 June 12, 2018
friendly by the seconder.
The Mayor and City Attorney provided clarification on the way the city can
charge for fees, and that this discussion should be saved for later.
Councilmember McKeown, proposed a friendly amendment to add
direction to staff to carefully monitor the equity of device placement and let
Council know if they are creating a problem of non-equity over the city.
The motion was considered friendly by the maker and seconder.
Councilmember Himmelrich, proposed a friendly amendment to direct staff
to require operators come up with methods to make helmets available at the
time of rental and not by mail. The motion was considered friendly by the
maker and seconder.
Councilmember Himmelrich, proposed a friendly amendment to work with
the City to create central locations where scooters can be dropped off and
picked up, and work with vendors to incentivize their customers to do so.
The motion was considered friendly by the maker and seconder.
Councilmember Himmelrich, proposed a friendly amendment to establish a
24/7 customer service line, with the expectation that Police and safety
personnel can have direct contact for inquiries. The motion was considered
friendly by the maker and seconder.
Councilmember O’Day, proposed a friendly amendment to give direction
to staff to look at considering leasing parking spaces on the streets to the
companies for drop zones or bike rails, suggested incorporating using the
Breeze bike racks for drop off locations; and, identifying those areas where
sidewalk violations are occurring, and look at gaps in the Bike Action Plan
and investing in bike safety programs. The motion was considered friendly
by the maker.
Mayor Winterer, proposed a friendly amendment to ask the operators to
work with the city to provide their users Maps of the bike networks. This
was considered friendly to the maker and seconder.
Mayor Winterer, proposed a friendly amendment that operators can surveys
their users and get some data on the mode shift affects they’re having, on
mode shift and data to get analysis on their users such as distance traveled.
The motion was considered friendly by the maker and seconder.
The City Manager asked if the dynamic cap could be established as a
guideline instead of an established regulation.
12 June 12, 2018
Councilmember McKeown
excused at 11:39 p.m.
City Attorney read the changes to the ordinance to include the proposed
amendments.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers O’Connor, O’Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to adopt
the Resolution No. 11117 (CCS) establishing fees and charges in support of
the Pilot program reading by title only and waiving further reading thereof.
Councilmember O’Connor proposed a friendly amendment to give
direction to staff to look at use of Private property charge. The motion was
considered friendly by the maker and seconder.
The motion was approved, with an amendment by the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O’Day, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown
Motion by Mayor Winterer, seconded by Councilmember Himmelrich , to
adopt emergency Ordinance No. 2577 (CCS) limiting the renewal period
for Vendor Permits for Shared Mobility Devices for FY18-19 reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O’Connor, O’Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
have staff return with a proposal to reinvest the surplus revenues from the
Breeze Bikeshare program, as soon as possible. The motion was approved
by voice vote, with Councilmember McKeown absent.
ELECTIONS 7.C. Introduce for First reading and Ordinance Amending to the
City's Election Code, Adopt Resolution No. 11118 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CALLING AND GIVING NOTICE FOR THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
13 June 12, 2018
NOVEMBER 6, 2018, FOR ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE CALIFORNIA ELECTIONS AND EDUCATION
CODES AND PROVISIONS OF THE SANTA MONICA CITY
CHARTER” and Resolution No. 11119 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY
OF SANTA MONICA TO BE HELD ON NOVEMBER 6, 2018, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID
DATE PURSUANT TO ELECTIONS CODE SECTION 10403 AND TO
RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE
GENERAL MUNICIPAL ELECTION”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt two resolutions to: a) call for a General Municipal Election
to be held on November 6, 2018; and b) request that the Municipal
Election be consolidated with the Los Angeles (LA) County
Statewide General Election and request services from the LA
County Registrar-Recorder for the General Municipal Election;
2. Authorize the City Manager to negotiate and execute contract
Agreement No. 10697 (CCS) with Martin & Chapman Company, a
California based company, for election services and supplies
required to conduct the General Municipal Election in an amount
not to exceed $184,000. This recommended award is made as an
exception to the competitive bidding process pursuant to Section
2.24.080 (d) and is for a total amount not to exceed $184,000 with
future year funding contingent on Council budget approval; and,
3. Introduce for first reading an ordinance amending sections
11.04.040 (Definitions) and 11.04.050 (Limitations on
contributions from persons) of the Santa Monica Municipal Code
(SMMC).
Motion by Councilmember Himmelrich, seconded by Mayor Winterer, to
adopt Resolution No. 11118_ (CCS) calling and giving notice for the
holding of a general municipal election to be held on Tuesday, November
6, 2018, and to adopt Resolution No. 11119 (CCS) requesting the Board of
Supervisors of the County of Los Angeles to consolidate a general
municipal election of the City of Santa Monica, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Himmelrich, O’Day, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
14 June 12, 2018
ABSENT: Councilmember McKeown
Motion by Councilmember Himmelrich, seconded by Mayor Winterer, to
approve the authorization of Agreement No. 10697 (CCS) with Martin &
Chapman Company. The motion was approved by the following vote:
AYES: Councilmembers O’Connor, O’Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Davis, 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 Vazquez, Himmelrich, O’Day, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown
STAFF
ADMINISTRATIVE
ITEMS:
101 SANTA MONICA
BOULEVARD
8.A. Preliminary review and discussion of the updated design
concept for a new mixed-use development project consisting of
commercial, hotel, museum, and residential uses, including the
retention and rehabilitation of two City-designated Landmark
buildings at the property located at 101 Santa Monica Boulevard
(Development Agreement Application 13DEV-004), was presented.
Recommended Action
It is recommended that the Council:
1. Review the Applicant’s revised design concept for a new mixed-use
hotel, cultural, retail, and residential development (in conformance
with height and density limits for this site in the adopted Downtown
Community Plan) and provide direction regarding desired design
parameters for the site and potential priority community benefits to
be negotiated;
2. Authorize staff to initiate negotiations with the Applicant for the
Ocean Avenue Project and Development Agreement.
Members of the public Cris Gutierrez, Denise Barton, Natalya Zernitskaya,
Laura Gillete, Bruria Finkel, Ryan Holman, Christina Navarro, Judy Abdo,
and Elena Christopolous spoke on the recommended action.
Questions asked and answered of staff included any thought to putting the
height back on 2nd Street; any idea on how many of the units will be three-
bedroom units; and, is it going to be 30% affordable housing, as well as the
15 June 12, 2018
current rent control units.
Considerable discussion ensued on topics including, this project offers a lot
of community benefits, including a museum, and the Landmarks
Commission did a great job of pushing this building to get some good
results.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O’Day, to
adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O’Connor, O’Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive $50 for meeting as the Housing Authority, $50 for
meeting at the Parking Authority and no compensation for meeting as the
Redevelopment Successor Agency.
SPECIAL JOINT
MEETING
On order of the Mayor, the City Council convened to a special joint
meeting with the Housing Authority, Parking Authority and
Redevelopment Successor Agency at 12:43 a.m., with Commissioner/
Agency/Authority/Councilmember McKeown absent.
PUBLIC HEARINGS:
MINUTES
Councilmember O’Connor
was excused at 12.44 a.m.
9.A. Approval of Minutes for the Housing Authority, Parking
Authority, and Redevelopment Successor Agency Meetings, was
presented.
Recommended Action
Staff recommends that the City Council approve the minutes for the
following meetings:
1. Housing Authority – February 13, 2018
2. Parking Authority – June 27, 2017, February 13, 2018
3. Redevelopment Successor Agency – January 9, 2018, February
27, 2018
Members of the public Denise Barton spoke on the recommendation.
Motion by Commissioner/Agency/Authority Member Himmelrich,
seconded by Commissioner/Agency/Authority Member O’Day, to approve
the Special Meeting minutes. The motion was approved by voice vote, with
Commissioner/Agency/Authority Members O’Connor and McKeown
absent.
16 June 12, 2018
BUDGET
Councilmember O’Connor
returned at 12:47 a.m.
Councilmember O’Day
was excused at 12:47 a.m.
9.B. Adoption of the Second Year of the Fiscal Year (FY) 2017-19
Biennial Budget, Adoption of the First Year and Approval of the
Second Year of the FY 2018-20 Biennial Capital Improvement
Program Budget, was presented.
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking
Authority:
1. Adopt Resolution No. 11120 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING THE SECOND YEAR (FISCAL YEAR 2018-19) OF
THE FISCAL YEAR 2017-19 BIENNIAL BUDGET AND
ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2018-19 AND APPROVING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2019-20”; and
2. Adopt Resolution No. 93 (HAS) entitled, “A RESOLUTION OF
THE HOUSING AUTHORITY OF THE CITY OF SANTA
MONICA ADOPTING THE SECOND YEAR (FISCAL YEAR
2018-19) OF THE FISCAL YEAR 2017-19 BIENNIAL BUDGET
AND ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2018-19 AND APPROVING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2019-20”; and
3. Adopt Resolution No. 258 (PAS) entitled, “A RESOLUTION OF
THE PARKING AUTHORITY OF THE CITY OF SANTA
MONICA ADOPTING THE SECOND YEAR (FISCAL YEAR
2018-19) OF THE FISCAL YEAR 2017-19 BIENNIAL BUDGET
AND ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2018-19 AND APPROVING ITS
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2019-20”.
Staff also recommends that the City Council:
1. Adopt Resolution No. 11121 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING THE CITY'S MASTER FEE SCHEDULE TO
ESTABLISH AND REVISE CERTAIN PERMIT AND USER
FEES AND CHARGES IN THE PLANNING AND
COMMUNITY DEVELOPMENT, PUBLIC WORKS, POLICE,
COMMUNITY AND CULTURAL SERVICES, FINANCE, AND
RECORDS AND ELECTIONS SERVICES DEPARTMENTS;
2. Adopt Resolution No. 11122 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION
SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE
17 June 12, 2018
SANTA MONICA MUNICIPAL CODE, SETTING CIVIL
PENALTIES FOR PARKING VIOLATIONS AND FOR THE
LATE PAYMENT OF PENALTIES, SETTING FINES FOR
POLICE AND FIRE DEPARTMENT RESPONSES TO
EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR
THE SANTA MONICA PUBLIC LIBRARY;
3. Adopt Resolution No. 11123 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING PARKING RATES AND PERMIT FEES FOR
ALL CITY PARKING FACILITIES AND RESOURCES”;
4. Adopt Resolution No. 11124 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR ADMINISTRATIVE AIDE,
ADMINISTRATIVE INTERN, ADMINISTRATIVE TRAINEE,
AQUATICS PROGRAM MANAGER, CROSSING GUARD,
CUSTODY OFFICER, CUSTODY OFFICER SUPERVISOR,
DIRECTOR OF HUMAN RESOURCES/CHIEF PEOPLE
OFFICER, FACILITIES ATTENDANT, FINANCIAL
REPORTING ADMINISTRATOR, JUNIOR POOL LIFEGUARD,
LABORER TRAINEE, LEAD CUSTODY OFFICER, LIBRARY
PAGE, PARKING METER CREW LEADER, POLICE CADET,
PROCUREMENT MANAGER, PRODUCTION ASSISTANT,
SENIOR RISK MANAGEMENT ANALYST, SOFTWARE
DEVELOPER, STUDENT WORKER, STOREKEEPER,
SUPERVISING ACCOUNTANT, TRANSIT COMMUNITY
ENGAGEMENT OFFICER, TRANSIT SCHEDULER, URBAN
FOREST ADMINISTRATOR, VIDEO INTERN, VIDEO
STUDENT INTERN, VIDEO TECHNICIAN I, WAREHOUSE
SUPERVISOR”;
5. Adopt Resolution No. 11125 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING THE GANN APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2018-19”;
6. Adopt a Resolution No. 11126 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ITS BIENNIAL CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR FISCAL YEAR 2018-20 TO
INCORPORATE A PROPOSED ROAD REPAIR AND
ACCOUNTABILITY ACT PROJECT;
7. Approve revisions to the City’s framework for a Sustainable City of
Wellbeing (Attachment L);
8. Approve the Proposed FY 2018-19 Human Services Grants
Program (HSGP), incorporating the proposed funding levels
(Attachment M);
9. Approve the Proposed FY 2018-19 Organizational Support Program
18 June 12, 2018
(OSP) Grants for Arts and Culture Nonprofits, incorporating the
proposed funding levels (Attachment N);
10. Accept Continuum of Care Program Grant funds from the U.S.
Department of Housing and Urban Development (HUD) in the
amounts of $496,926 and $2,890,184 to serve the homeless and
disabled populations with housing subsidies; and
11. Authorize the City Manager to negotiate and execute a second
modification to Services Agreement #10402 (CCS) in the amount of
$473,698 with Downtown Santa Monica, Inc. to extend ambassador
services for Tongva and Palisades Parks through June 30, 2019,
increase services at Palisades Park, and provide four additional one-
year renewal options totaling $3,309,133 (includes annual increases
of 3% up to 5%). This will result in a six and a half year amended
agreement with a new total amount not to exceed $4,797,831 with
future year funding contingent on Council budget approval.
Members of the public Olga Zurawska (time donated by Judy Casey),
Lorenna Taylor, Zina Josephs, David Morris, Alexandra Weyman, Dominic
Gomez, Laurence Eubank, and Michael Louis, spoke on the recommended
action.
Questions asked and answered of staff included, the movement and
appropriation of the $38 million from the Water Funds to the General Fund,
if the 4.4 increase in fees are used to cover compensation increases, and,
when the parking rates for downtown were increased, wasn’t some of those
monies supposed to be used for mobility programs.
Motion by Mayor/Chair Winterer , seconded by Commissioner/Authority/
Councilmember O’Connor, to adopt Resolution No. 11120 (CCS), No. 93
(HAS), and No. 258 (PAS), adopting the second year of the Fiscal Year
2017-19 Biennial Budget and adopting the first year and approving the
second year of the Fiscal Year 2018-20 Biennial Capital Improvement
Program Budget. The motion was approved by the following vote:
AYES: Commissioner/Authority/Councilmembers O’Connor,
Himmelrich, Vazquez,
Vice Chair/Chair/Mayor Pro Tem Davis,
Chair/Mayor Winterer
NOES: None
ABSENT: Commissioner/Authority/Councilmembers McKeown, O’Day
Motion by Mayor Winterer, seconded by Councilmember O’Connor, to
adopt Resolution No. 11121 (CCS) revising the City’s master fee schedule
to establish and revise certain permit and user fees and charges in the
Planning and Community Development, Police, Public Works, Community
and Cultural Services, Finance, and Records and Election Services
19 June 12, 2018
Departments. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Day, McKeown
Motion by Mayor Winterer , seconded by Mayor Pro Tem Davis, to adopt
Resolution No. 11122 (CCS) of the City Council of the City of Santa
Monica setting forth the administrative citation schedule of fines for certain
violations of the Santa Monica Municipal Code, setting civil penalties for
parking violations and for the late payment of penalties, setting fines for
Police and Fire Department responses to excessive false alarms, and setting
fines for the Santa Monica Library.
The motion was approved by the following vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O’Day
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to adopt
Resolution No. 11123 (CCS) of the City Council of the City of Santa
Monica establishing parking rates and permit fees for all City parking
facilities and resources. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Day, McKeown
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
adopt Resolution No. 11124 (CCS) of the City of Santa Monica
establishing new classifications and adopting salary rates for various listed
positions and approve the position and classification changes. The motion
was approved by the following vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O’Day
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to adopt
Resolution No. 11125 (CCS) of the City of Santa Monica establishing the
Gann appropriations limit for FY 2018-19. The motion was approved by
20 June 12, 2018
the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Day, McKeown
Motion by Mayor Winterer, seconded by Councilmember O’Connor, to
adopt Resolution No. 11126 (CCS) incorporating a project funded by SB1:
The Road Repair and Accountability Act. The motion was approved by the
following vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O’Day
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
approve revisions to the City’s framework for a Sustainable City of
Wellbeing; approve the Proposed FY 2018-19 Human Services Grants
Program (HSGP), incorporating the proposed funding levels; approve the
Proposed FY2018-19 Organizational Support Program (OSP) Grants for
Arts and Culture Nonprofits, incorporating the proposed funding levels.
The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Day, McKeown
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
accept Continuum of Care Program Grant funds from the U.S.
Department of Housing and Urban Development (HUD) in the amounts of
$496,926 and $2,890,184 to serve the homeless and disabled populations
with housing subsidies. The motion was approved by the following vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O’Day
Motion by Mayor Winterer , seconded by Councilmember Himmelrich, to
Authorize the City Manager to negotiate and execute a second modification
to Services Agreement #10402 (CCS) in the amount of $473,698 with
Downtown Santa Monica, Inc. to extend ambassador services for Tongva
and Palisades Parks. The motion was approved by the following vote:
21 June 12, 2018
AYES: Councilmembers Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Day, McKeown
Councilmember Himmelrich, seconded by Councilmember Vazquez to
give direction to staff to bring back an item consistent with the discussion
of forming a committee to help with advice on pensions, particularly in
finances, in conjunction with the Audit Committee, in connection with their
future deliberations on those matters.
Mayor Pro Tem Davis, proposed a friendly amendment to broaden the
direction to include, to ask staff to come back with proposals for having
community input into the budgeting process. The motion was considered
friendly by maker and seconder. The motion was approved by voice vote,
with Councilmembers O’Day and McKeown absent.
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting with the Housing
Authority, Parking Authority and Redevelopment Successor Agency was
adjourned at 1:41 a.m., and the regular meeting of the City Council was
reconvened with all members present, except Councilmembers McKeown
and O’Day.
COUNCILMEMBER
DISCUSSION ITEMS:
TENANT PROTECTIONS
13.A. Request of Councilmembers McKeown and Himmelrich that
Council authorize staff to explore appropriate local responses to the
possible statewide repeal of the Costa-Hawkins Act, and ways in which
our community might capture a portion of rent windfalls to support
hardship renters and fund affordable housing, was continued as a 5-
item to the June 26, 2018 meeting.
PUBLIC INPUT: Members of the public Denise Barton and Dr. Wayne Jottnson commented
on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:47 a.m. in
memory of Craig Hoffman.
ATTEST: APPROVED:
Denise Anderson-Warren Ted Winterer
City Clerk Mayor
Ted Winterer (Nov 20, 2018)
Ted Winterer