m20181023 - signed.pdf1 October 23, 2018
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 23, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:30 p.m., on
Tuesday, October 23, 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 5:50 p..m.)
Councilmember Terry O’Day
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 5:30 p.m., with all
members present except Councilmember O’Connor. Mayor Winterer led
the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember O’Connor
arrived at 5:50 p.m.
Councilmember O’Day was
excused at 6:55 p.m.
Member of the public Denise Barton commented on public comment on
closed sessions.
On order of the Mayor, the City Council recessed at 5:35 p.m., to consider
closed sessions and returned at 6:59 p.m., with Councilmember O’Day
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): 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.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): HomeAway.com, Inc. & Airbnb, Inc. v. City of
2 October 23, 2018
Santa Monica, Case Nos. 18-55367, 18-55805, 18-55806 (Ninth Circuit)
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. Conference with Legal Counsel – Anticipated Litigation –
R e q u e s t t o e n t e r i n t o a l a w s u i t a s a n a m i c u s c u r i a e , p u r s u a n t to §
54956.9: City of Chicago v. Sessions, U.S. Court of Appeals for t h e
Seventh Circuit, Case No. 18-2885
The City Attorney advised this matter is an amicus brief request. The City
of Chicago brought this lawsuit challenging new conditions imposed by the
U.S. Department of Justice on the Byrne JAG law enforcement grant
program. The conditions deny federal funds to so-called sanctuary
jurisdictions. The City has been asked to join the National League of
Cities, the U.S. Conference of Mayors, the City of L.A., and others in
signing an amicus brief in support of the City of Chicago’s position.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve joining the amicus brief. The motion was
unanimously approved by voice vote, with Councilmember O’Day absent.
1.D. Conference with real property negotiator
Properties: 256 and 258 Santa Monica Pier
City negotiator: Andy Agle, Director of Housing and Economic
Development; Elana Buegoff, Pier Administrator
Under negotiation: Lease Terms
Owner of Record: City of Santa Monica
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): Marinello v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 638873
The City Attorney advised this was a trip and fall matter due to sidewalk
displacement, and recommended a settlement in the amount of $20,000.
Motion by Mayor Pro Tem Davis, seconded by Councilmember
Himmelrich, to approve Settlement No. 10776 (CCS) in an amount of
$20,000. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
3 October 23, 2018
1.F. Conference with Legal Counsel – Anticipated Litigation:
Anticipate significant exposure to litigation pursuant go Government
Code Section 54956.9 (d)(2): 1 case
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL
ANNOUNCEMENT
The Mayor read a brief announcement about the arrest of City employee,
Eric Uller for charges of illegal, sexual conduct with four minors. The
reported incidents happened in the 1990’s. Mr. Uller is on Administrative
leave while the investigation is done.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: National Disabilities Employment Awareness
Month, was presented by the Mayor.
2.B. City Manager Report: Update on Minimum Wage
Enforcement, was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Phil Derner, Denise Barton, Andrew Wilder, Zina
Josephs, Joseph Schmitz (time donated by Joan Nan Tassel), Mary Marlow,
Dave Hopkins, and Edward Story commented on various Consent Calendar
items.
At the request of Mayor Winterer and Councilmember Himmelrich, Items
3-C and 3-I were removed from the Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve the Consent Calendar except for Items 3-C and 3-I,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O’Connor, Vazquez
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
PURCHASE
MOTORCYCLES
3.A. Award Bid for the Purchase of up to 20 BMW Motorcycles for
the Police Department, was approved.
Recommended Action
Staff recommends that the City Council:
4 October 23, 2018
1. Authorize the Purchasing Services Manager to issue a purchase order
with Long Beach BMW Motorcycles, a California-based company,
for the purchase and delivery of up to nine BMW Police motorcycles
for the Public Works Department in FY 2018-19 as part of an
existing contract with the City of San Diego. This recommended
award is made as an exception to the competitive bidding process
pursuant to Section 2.24.080(b), as competitive bidding has already
occurred. The award is for a total amount not to exceed $283,597,
with future year funding contingent on Council budget approval.
2. Authorize the Purchasing Services Manager to issue any necessary
change orders to the purchase order for the purchase of 11 additional
BMW Police motorcycles through the life of the City of San Diego
contract expiring on June 20, 2019, with four one-year extension
options through June 20, 2023, to replace up to five motorcycles
damaged beyond repair during the course of Police Department
activities and another six motorcycles that will be up for replacement
in FY 2021-22, for an additional amount not to exceed $363,119,
resulting in a total amount not to exceed $646,716, with future year
funding contingent on Council budget approval.
CITY SERVICES
BUILDING
3.B. Award of Furniture Agreement for City Services Building
Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# SP2250 to ARCHI.TXTURE (DBA: Catalyst Office),
a California-based company, to provide Steelcase furniture systems
and related services including design, delivery and installation for
the City Services Building Project and on an as-needed basis for
other City staff offices;
2. Authorize the City Manager to negotiate and execute Agreement No.
10771 (CCS) with Catalyst Office, for a total amount not to exceed
$3,000,000 (including an $85,220 contingency) for five years, with
future funding contingent on Council budget approval.
TRANSIT SECURITY 3.D. Memorandum of Agreement Between Big Blue Bus and the Los
Angeles Police Department to provide Transit Security and Law
Enforcement Services on its public buses, bus stops, and other
locations as needed, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Memorandum of Agreement (MOA) No. 10772
(CCS) with the City of Los Angeles Police Department (LAPD) to provide
transit security and law enforcement services to Big Blue Bus (BBB) on its
public buses, bus stops, and other locations as needed within its service
5 October 23, 2018
area outside of the borders of the city of Santa Monica, and working in
coordination with SMPD on any interjurisdictional issues. The
recommended award is made as an exception to the competitive bidding
process pursuant to Section 2.24.080(b). The MOA will be for a one-year
pilot program for a total amount not to exceed $504,580 ($480,552 with 5%
contingency) with future year funding contingent on Council budget
approval.
MINIMUM WAGE
ENFORCEMENT
3.E. Amended and Restated Agreement for Minimum Wage
Enforcement Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Amended and Restated Agreement No. 10773 (CCS)
with the Los Angeles County Department of Consumer and Business
Affairs (LA County) for minimum wage enforcement services. This action
would result in an agreement for a term up to 10 years for a total contract
amount not to exceed $1,250,000, with future year funding contingent on
Council budget approval.
BUSINESS LICENSE
SOFTWARE
3.F. Modification to Agreement No. 9756 (CCS) for Business License
Software Maintenance and Support Services and Software
Development Services for Finance Department, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #9756 (CCS) with
HdL Software, LLC (“HdL”) in an estimated amount of $169,000 to extend
the agreement for three years, with one two-year renewal option, for
business license software maintenance and support services and to increase
the agreement amount for additional software development services for the
Finance Department. The modification will result in a 10-year amended
agreement for a new total amount not to exceed $378,275, with future year
funding contingent on Council budget approval.
UTILITY USERS TAX 3.G. Utility Users Tax and Franchise Fee Audit and Revenue
Enhancement Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #162 to MuniServices, LLC, a California-based company
for Utility Users Tax and Franchise Fee Audit and Revenue
Enhancement Services for the Finance Department;
2. Authorize the City Manager to negotiate and execute five-year
Agreement No. 10774 (CCS) with MuniServices, LLC, in an
estimated amount of $320,000 with future year funding contingent
on Council budget approval.
6 October 23, 2018
CITY DESIGNEE FOR
LABOR NEGOTIATIONS
3.H. Designating City’s Labor Negotiators Under Govt. Code Section
54957.6, was adopted.
Recommended Action
Adopt Resolution No. 11145 (CCS) entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DESIGNATING REPRESENTATIVES TO PARTICIPATE IN
CITY COUNCIL CLOSED SESSIONS FOR LABOR
NEGOTIATIONS.”
MINUTES 3.J. Minutes for the City Council - Special Meeting - Jul 24, 2018
4:30 PM, were approved.
MINUTES 3.K. Minutes for the City Council - Regular Meeting - Jul 24, 2018
5:30 PM, were approved.
MINUTES 3.L. Minutes for the City Council - Regular Meeting - Jun 26, 2018
5:30 PM, were approved.
AIRFIELD PAVEMENT
Councilmember O’Day
arrived at 7:53 p.m.
3.C. Reject All Bids for the Reuse of Excess Airfield Pavement
Project, was presented.
Recommended Action
Staff recommends that the City Council:
1. Reject all bids for Bid #SP2533 for the Reuse of Excess Airfield
Pavement Project for the Public Works Department.
2. Direct staff to reissue a bid to obtain the best bidder for the Reuse of
Excess Airfield Pavement Project.
The Mayor pulled this item for an explanation of what was being
recommended, and to clarify that this item is not about removing the
pavement, that decision has already been made. The question tonight is if
the bids received were higher than anticipated, and determine if the city
should go back out to seek additional bids, to lower the cost of this project.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to reject bids and send this project back out to bid to only
include the project which includes the full pulverization and stabilization of
the runway safety area. The motion was approved by the following vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSTAIN: Councilmember O’Day
7 October 23, 2018
EMPLOYEE HEALTH
BENEFITS
3.I. Annual Premiums to Blue Shield of California for Employee
Health Benefits, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
execute Contract No. 10775 (CCS) with Blue Shield of California (Blue
Shield) for a total amount not to exceed $82,957,553 over a three-year
period. Subsequent renewals following the three-year period would be
exercised by Professional Services Agreement Renewal Letter.
Councilmember Himmelrich pulled this item for clarification from staff
since this is such a large dollar item on the Consent Calendar.
Motion by Councilmember Himmelrich, seconded by Councilmember
Vazquez , to approve the recommended action. The motion was approved
by the following vote:
AYES: Councilmember O’Connor, O’Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ORDINANCES:
WEIGHT RESTRICTION
ON PIER
7.A. Second Reading and Adoption of Ordinance No. 2589 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CREATING SANTA MONICA MUNICIPAL CODE
SECTION 10.08.565 TO ESTABLISH A VEHICLE WEIGHT
RESTRICTION REQUIREMENT FOR THE SANTA MONICA PIER
BRIDGE”, 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 O’Connor, O’Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
TAXICAB FRANCHISE 7.B. Modification to Taxicab Franchise for consistency with AB 1069
and AB 939, and extension of Taxicab Franchise Agreement with
TMAT Corp (dba Taxi! Taxi!), was presented.
Recommended Action
1) Introduce for first reading of an ordinance amending Chapter 6.49 of
8 October 23, 2018
the Santa Monica Municipal Code modifying provisions of the
taxicab franchise regulations;
2) Adopt Resolution No. 11146 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING TAXICAB FRANCHISE FEES, VEHICLE PERMIT
FEES, AND TAXIMETER RATES”
Members of the public Sandford Clair, Henry Royt, Neil Evans, Daniel
Klein, Marco Soto, Thomas Larmore (time donated by Hossam Salem),
Ahmed Salem (time donated by Mamoud Salem), and Ayman Radwan
spoke to the recommended action.
Questions asked and answered of staff included: how do you define
substantially located; meter rates, and what the resolution does and how it
affects the drivers; does the minimum wage law apply to the taxi cab
drivers; once the changes are adopted and there is only one company that
qualifies, has there been any thought into monitoring whether or not there
are enough vehicles in the city and how it affects curb space; is this new
regulation creating a monopoly instead of being more flexible and less
competitive with other carshare companies; can we change the regulations
if we find that this isn’t working; and, how does the city base the majority
of business, is that based on the company or the driver.
Motion by Councilmember McKeown, 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 McKeown, Vazquez, Himmelrich, O’Day,
O’Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to adopt
the resolution 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,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
9 October 23, 2018
ELECTRIC VEHICLES
Councilmember O’Day was
excused at 8:58 p.m.
7.C. Introduction and First Reading of an Ordinance Amending
Chapter 4.55 of the Santa Monica Municipal Code to Authorize and
Regulate Electric Vehicles in City Park Parking Lots After Hours, was
presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance amending Chapter 4.55 of the Santa Monica Municipal
Code to authorize and regulate electric vehicles in city park parking lots
after hours.
Councilmember O’Day stated that he was recusing himself from this item
to avoid any perception of a conflict of interest.
There were no members of the public present.
Questions asked and answered of staff included: what are the number of
charging stations, and how many will be available at other local parks, does
Virginia Avenue Park close at night; and, is there concern that there aren’t
enough chargers around town, given the increase in electric cars in town.
Motion by Councilmember McKeown, 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
by the following vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
STAFF
ADMINISTRATIVE
ITEMS:
RENEWABLE
ELECTRICITY
8.A. Selection of Renewable Electr i c i t y D e f a u l t R a t e f o r R e s i d ential
Customers, was presented.
Recommended Action
Staff recommends that Council approve selection of the 100% renewable
energy tier option as the default product for Clean Power Alliance of
Southern California residential customers in Santa Monica.
Members of the public Denise Barton, Chris Gutierrez, Antonella Borjas,
Ferris Kawar, and Harvey Eder, spoke generally in favor of the
recommended action.
Questions asked and answered of staff include: is there anything customers
have to do at home other than signing up; is there anything else this
community could do to reduce the greenhouse gases easier; when this
transition happens, will Edison still be as committed to providing energy
10 October 23, 2018
efficient programming and outreach; will the city do outreach to educate
consumers on the change as well as the increase on their bill; and, how will
this affect consumers who already have solar panels.
Motion by Councilmember McKeown, seconded by Councilmember
O’Connor, to adopt the staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
BOARDS/COMMISSIONS:
STATUS OF WOMEN
10.A. Request from the Commission on the Status of Women
regarding protections for hotel workers, was presented.
The Commission on the Status of Women recommends that the Council
consider legislation to protect hotel workers from sexual violence,
unreasonable workloads, and provide comprehensive education and
training.
Members of the public Jerry Rubin, Reverend Rae Huang, Danielle Wilson
(time donated by Hugo Soto), Ismelda Keyes (time donated by Maria
Espinoza), James Witker, and Bridie Roberts spoke generally in favor of
the recommended action.
Considerable discussion ensued on topics including, but not limited to:
looking at what impact increasing the living wage has caused, and express
gratitude to the Commission on the Status of Women for bringing this to
Council; could something like this be enforced through private action; the
panic button seems to be the number one matter; and, a study session would
be a better way to go in order to create a more effective ordinance.
Motion by Councilmember McKeown, seconded by_Mayor Pro Tem
Davis, to direct staff to prepare an ordinance based on all the elements
mentioned in the Commission on the Status of Women’s letter, and looking
at the other cities that were mentioned, including Emeryville, and others.
The City Manager raised some concerns about enforcement issues, and
suggested that Council should provide direction to bring this back as a
Study Session instead of as an ordinance, so that these issues can be
worked out in advance of creating an ordinance.
Substitute motion by Councilmember O’Connor, seconded by_Mayor
Winterer, to bring this item back as a study session.
11 October 23, 2018
The substitute motion failed by the following vote:
AYES: Councilmember O’Connor, Mayor Winterer NOES:
Councilmembers McKeown, Vazquez, Himmelrich,
Mayor Pro Tem Davis
ABSENT: Councilmember O’Day
The main motion was brought back to the floor and was approved by the
following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
COUNCILMEMBER
DISCUSSION ITEMS:
RECREATION & PARKS
13.A. Appointment to one unscheduled vacancy on the Recreation &
Parks Commission for a term ending 6/30/2020. (Continued from the
October 9, 2018 meeting), was presented.
Member of the public Marcy Kaplan spoke on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich nominated Derek Devermont.
Mayor Pro Tem Davis, nominated Marcy Kaplan
There was no appointment made on the first round with the following vote:
Devermont: Councilmembers Vazquez, Himmelrich, Mayor Winterer
Kaplan: Councilmembers McKeown, O’Connor.
Mayor Pro Tem Davis
The Mayor opened the floor for nominations.
Mayor Pro Tem Davis, nominated Marcy Kaplan
There being no other nominations, Marcy Kaplan was appointed by
acclamation to the Recreation & Parks Commission, with Councilmember
O’Day absent.
ARTS 13.B. Appointment to one unscheduled vacancy on the Arts
Commission for a term ending June 30, 2020. (Continued from the
October 9, 2018 meeting), was presented.
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
12 October 23, 2018
Councilmember Himmelrich nominated Phil Brock.
There being no other nominations, Phil Brock was appointed by
acclamation to the Arts Commission, with Councilmember O’Day absent.
SOCIAL SERVICES 13.C. Appointment to one unscheduled vacancy on the Social Services
Commission to a term ending 6/30/2022. (Continued from the October
9, 2018 meeting), was presented.
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Davis, nominated Eric Stoff.
Councilmember Himmelrich, nominated Ryan Hass
Eric Stoff was appointed by the following vote:
Stoff: Councilmembers McKeown, O’Connor, Mayor Pro Tem Davis,
Mayor Winterer
Hass: Councilmembers Vazquez, Himmelrich
Councilmembers Vazquez and Himmelrich changed their votes to Stoff,
thereby appointing Eric Stoff by acclamation to the Social Services
Commission, with Councilmember O’Day absent.
COUNCIL TRAVEL
FUNDS
13.D. Request of Councilmember McKeown, Santa Monica’s Director
on the Board of the Clean Energy Alliance of Southern California, to
authorize use of his Council travel funds to attend the Community
Choice Energy Summit in San Francisco, November 28 through 30th,
was presented.
There were no members of the public present.
Motion by Councilmember O’Connor, seconded by Mayor Winterer, to
adopt the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers O’Connor, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
PUBLIC INPUT: Members of the public Denise Barton, Art Casillas, and Harvey Eder
commented on various local issues.
13 October 23, 2018
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:38 p.m.
in memory of Jack Casey and Lawrence “Wayne” Harding.
ATTEST: APPROVED:
Ted Winterer
Ted Winterer (Feb 19, 2019)
Denise Anderson-Warren Ted Winterer
City Clerk Mayor