m20190212.pdf 1 February 12, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 12, 2019
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O’Day at 5:31
p.m., on Tuesday, February 12, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tem Terry O’Day
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Kevin McKeown
Councilmember Greg Morena (arrived at 5:37 p.m.)
Councilmember Ted Winterer
Absent: Mayor Gleam Davis
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor Pro Tem, the City Council convened at 5:31 p.m.,
with all members present except Councilmember Morena and Mayor
Davis. Councilmember Winterer led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS
Councilmember Morena
arrived at 5:37 p.m.
Member of the public Denise Barton commented on closed sessions.
On order of the Mayor Pro Tem, the City Council recessed at 5:36 p.m., to
consider closed sessions and returned at 6:44 p.m., with Mayor Davis
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.
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1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Hom v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 666985
The City Attorney advised this matter was a city car that collided with a
bicycle resulting in damages. The city denies and disputes the claims.
Following negotiations with opposing counsel the City Attorney’s Office
recommends settlement in the amount of $22,500.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve Settlement No. 10807 (CCS), in the amount of
$22,500. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): State of California et al. v. Environmental
Protection Agency et al., Case No. 18-1114, United States Court of
Appeals for the District of Columbia
The City Attorney advised this is an amicus brief. The city has been asked
to file an amicus brief supporting the State of California’s challenge to a
2018 decision by the United States Environmental Protection Agency to
withdraw greenhouse gas emission and fuel economy standards for light
duty vehicles.
Motion by Councilmember Winterer, seconded by Councilmember
Morena, to join the amicus brief. The motion was unanimously approved
by voice vote, with Mayor Davis absent.
1.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Arbabi v. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. BC682462
The City Attorney advised this matter was heard with no reportable action
taken.
1.E. Conference with Legal Counsel – Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): 1 Case
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The City Attorney advised this matter was heard with no reportable action
taken.
AGENDA
MANAGEMENT
On order of the Mayor Pro Tem, staff requested the removal of Item 3.I.
from the Consent Calendar. Seeing no objection, Item 3.I. was removed by
consensus of the Council.
The Mayor Pro Tem requested that the Boards and Commission
appointments be continued to the February 26th meeting, when there is a
full Council present. Seeing no objection, the appointments were continued
by consensus of the Council.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Black History Month, was presented by the Mayor
Pro Tem.
REPORT ON COUNCIL
TRAVEL
Councilmember Winterer reported that he traveled to Santa Barbara to
attend the Independent Cities Association Winter Conference on Public
Safety where presentations were made regarding better Emergency
Preparedness and Emergency response.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There were no members of the public present to speak.
At the request of Staff, Item 3.I. was pulled from the agenda.
At the request of Councilmember Morena, Item 3.A. was removed from the
Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve the Consent Calendar except for Items 3.A. and 3.I.,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
BUS REPAIRS 3.B. Award Bid for Bus Differential Repairs, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4362 to Truck Gears, Inc. a California-based company,
for the removal, repair, and rebuild of heavy-duty front, mid, and
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rear axle differential systems for Big Blue Bus and the Fire
Department; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 10804 (CCS) with Truck Gears, Inc., for repair and rebuild of
axle and differential system components in an amount not to exceed
$566,005 which includes a $51,455 contingency and a 4% annual
cost escalator for a five-year period, with future year funding
contingent on Council budget approval.
BRAKE PARTS 3.C. First Modification to Agreement with American Moving Parts,
LLC for the Purchase of Brake Parts and Service, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10508 (CCS) in
the amount of $323,088 with American Moving Parts, LLC, a California-
based company, for the purchase and delivery of brake parts and service for
the Public Works Department. This will result in a five-year amended
agreement with a new total amount not to exceed $914,282, with future
year funding contingent on Council budget approval.
ANNUAL FINANCIAL
REPORT
3.D. Transmission of the City's Comprehensive Annual Financial
Report, was approved.
Recommended Action
Staff recommends that the City Council receive and file the City’s
Comprehensive Annual Financial Report (CAFR), the independent
auditors’ unmodified report for the City’s financial statements for the fiscal
year ended June 30, 2018, and the Auditors’ Letters to Council.
WELLBEING INDEX 3.E. Reinstatement and award modification to RAND Corporation
for production of the third Wellbeing Index, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
reinstate, negotiate and execute a Seventh Modification to Agreement
#9837 in the amount of $96,000 with RAND Corporation, a California-
based company, for the development of the third iteration of the Wellbeing
Index. This will result in an extension up through June 30, 2020, with a
new total amount not to exceed $1,011,000.
AFFORDABLE HOUSING 3.F. Affordable Housing Compliance Monitoring Software System,
was approved.
Recommended Action
Staff recommends that the City Council:
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1. Award RFP #179 to Main Street Computing, a New York-based
company, for the development of an Affordable Housing
Compliance Monitoring software system and annual software
maintenance and support;
2. Authorize the City Manager to negotiate and execute Agreement No.
10805 (CCS) with Main Street Computing in an amount not to
exceed $94,950 for one year, with four additional one-year
maintenance and support renewal options in the amount of $18,200
annually on the same terms and conditions, for a total amount not to
exceed $167,750 over a five-year period, with future funding
contingent on Council budget approval.
WATER NEUTRALITY 3.G. Adoption of Resolution No. 11160 (CCS) entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA INCREASING WATER NEUTRALITY FEES FOR NEW
DEVELOPMENT”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution to
apply a 2% escalation to staff rates, administrative fees and plumbing
fixture installation costs associated with agreement #10496. The fee
escalation will go into effect February 18, 2019.
2215 5TH STREET 3.H. Resolution No. 11161 (CCS) entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP
FOR PARCEL NO. 77079 TO SUBDIVIDE A PROPERTY AT 2215 5th
Street”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
approving Final Parcel Map No. 77079 at 2215 5th Street.
PARKING STRUCTURE 7 3.I. Authorize the City Manager to execute an agreement for the
installation of a Fuel Cell Generator on the rooftop level of Parking
Structure 7, was pulled at the request of staff.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a modification to the Agreement for Lease,
Operation, and Maintenance of Parking Facilities executed July 28, 2010
with Macerich SMP LP for the installation of a Stationary Fuel Cell Power
System on the rooftop parking level of Parking Structure 7, which is
located on the southwest corner of Broadway and 4th Street.
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PARKING DATA 3.J. Award RFP to Smarking, Inc. for Parking Data Analytics
Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #182 to Smarking, Inc., a California based company,
for the parking data management and analytics services for the
Planning and Community Development Department;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10806 (CCS) with Smarking, Inc. in an amount not to exceed
$1,219,000 (including a 10% contingency) for five years with
future year funding contingent on Council
MINUTES 3.K. Minutes of City Council - Regular Meeting - Oct 9, 2018 5:30
PM, were approved.
MINUTES 3.L. Minutes of City Council - Regular Meeting - Oct 23, 2018 5:30
PM, were approved.
TWILIGHT CONCERT
SERIES
Councilmember Morena
excused at 7:03 p.m.
3.A. Twilight Concert Series 2018 Season Recap and Proposed
Adjustments for 2019 Season, was approved.
Recommended Action
Staff recommends that the City Council:
1. Receive the following assessment of the reimagined 2018 ‘Twilight
on the Pier’ concert series; and
2. Approve the Santa Monica Pier Corporation’s request for the 2019
concert series to include two concerts before Labor Day; and
3. Affirm the City’s financial support for the 2019 concert series of up
to $400,000 for public safety and beach maintenance costs and a
$200,000 grant to the Pier Corporation.
Councilmember Morena recused himself to avoid the appearance of a
possible conflict of interest because his family owns a restaurant on the
Pier.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to approve the recommended action. The motion was approved
by the following vote:
AYES: Councilmembers Himmelrich, McKeown, Winterer, Jara
Mayor Pro Tem O’Day
NOES: None
ABSENT: Councilmember Morena, Mayor Davis
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ORDINANCES:
11TH STREET HISTORIC
DISTRICT
Councilmember Morena
returned at 7:04 p.m.
7.A. Second Reading and Adoption of Ordinance No. 2602 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 9.56.320 TO THE SANTA
MONICA MUNICIPAL CODE DESIGNATING THE 11TH STREET
HISTORIC DISTRICT,” was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
ZERO EMISSION
VEHICLES
Councilmember Himmelrich
was excused at 7:06 p.m.
7.B. Introduction and first reading of an Ordinance to Amend the
Definition of “Zero Emission Vehicles” in Santa Monica Municipal
Code 3.16.120(c)(1) to Include Designated Clean Air Decals, was
presented.
Recommended Action
Staff recommends that the City Council consider for introducing for first
reading the attached ordinance amending Santa Monica Municipal Code
3.16.120 to exempt additional zero emission vehicles from parking meter
payment requirements.
Councilmember Himmelrich recused herself from this item due to a
potential conflict of interest because she owns two cars that have these
decals.
There were no members of the public present to speak.
Questions asked and answered of staff included, what is the status of the
yellow decals, and any idea how much carbon we are not emitting by
promoting this program.
The City Attorney read into the record the new language for the ordinance:
- A change to Section 1 of the ordinance, adding subsection(c)(3), which
includes an additional exemption, which now reads: “A green CAV
decal issued prior to 2019.”
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Motion by Councilmember McKeown, seconded by Councilmember
Morena, to introduce and hold first reading of the ordinance for Alternative
2 of the staff recommendation, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Morena,
Mayor Pro Tem O’Day
NOES: None
ABSENT: Councilmember Himmelrich, Mayor Davis
SPECIAL JOINT
MEETING
Councilmember Himmelrich
returned at 7:24 p.m.
On order of the Mayor Pro Tem, the City Council convened to a special
joint meeting with the Housing Authority and Parking Authority at 7:24
p.m., with Mayor Davis absent.
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 and $50 for
meeting as the Parking Authority.
STAFF
ADMINISTRATIVE
ITEMS:
MIDYEAR BUDGET
8.A. Approval of Fiscal Year 2018-19 Midyear Budget, was
presented.
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking
Authority approve changes to the FY 2018-19 Revised Budget as detailed
in Attachment A. Staff also recommends that the City Council adopt
Resolution No. 11162 (CCS) entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A
NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
ADMINISTRATIVE INTERN I, ADMINISTRATIVE INTERN II,
ASSISTANT DIRECTOR– PUBLIC WORKS, ASSISTANT POLICE
CHIEF AS-NEEDED, CITY HEARING OFFICER I, CITY HEARING
OFFICER II, DEPUTY FIRE CHIEF AS-NEEDED, PRINCIPAL
PAYROLL AND FINANCIAL SYSTEMS ANALYST, SPECIAL
PROJECTS ADMINISTRATOR – PCD”.
Member of the public Denise Barton, spoke on the recommended action.
Questions asked and answered of staff included: is the Breeze shared bike
program down and is it running in the red; is there an increase in positions
as part of the salary changes; is there a way that a system can be created to
notify the city when batteries are out and when there is a loss of revenue in
the meters, and is that done on a daily basis; and, is there a system to
improve the performance of the systems to avoid the significant loss.
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Motion by Authority/Councilmember Winterer, seconded by
Authority/Councilmember McKeown, to approve changes to the FY 2018-
19 revised budget. The motion was approved by the following vote:
AYES: Authority/Councilmembers Morena, Himmelrich, McKeown,
Winterer, Jara, Chair/Mayor Pro Tem O’Day
NOES: None
ABSENT: Chair/Mayor Davis
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to adopt a resolution establishing new classifications and
adopting salary rates. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor Pro Tem the special joint meeting with the
Housing Authority and Parking Authority adjourned at 7:36 p.m., and the
regular meeting of the City Council reconvened with all members present,
except Mayor Davis.
RESOLUTIONS:
CONGESTION
MANAGEMENT
PROGRAM
11.A. Proposed Resolution No. 11163 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ELECTING TO BE EXEMPT FROM THE CONGESTION
MANAGEMENT PROGRAM”, was presented.
Recommended Action
Staff recommends that the City Council adopt the attached resolution to
opt-out of the Los Angeles County Congestion Management Program.
Member of the public Denise Barton, spoke on the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to adopt the staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
COUNCILMEMBER
DISCUSSION ITEMS:
BUILDING & FIRE - LIFE
SAFETY COMMISSION
13.A. Appointment to one unscheduled vacancy on the Building &
Fire - Life Safety Commission for a term ending June 30, 2021, was
continued to the February 26th meeting.
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COMMISSION ON THE
STATUS OF WOMEN
13.B. Appointment to one unscheduled vacancy on the Commission
on the Status of Women for a term ending on 6/30/2021, was continued
to the February 26th meeting.
AUDIT SUBCOMMITTEE 13.C. Appointment to one unscheduled vacancy on the Audit
Subcommittee for a term ending on 6/30/2021, was continued to the
February 26th meeting.
PERSONNEL BOARD 13.D. Appointment to one unscheduled vacancy on the Personnel
Board for a term ending on 6/30/2022, was continued to the February 26th
meeting.
JOHN MUIR PTA 13.E. Request of Mayor Davis and Councilmembers Jara and
Winterer that the City Council allocate $7000 of discretionary funds to
the John Muir PTA to enable low income 5th graders to attend a three
day science camp, in accordance with the City's strategic priority of an
Engaged and Thriving Community. John Muir Elementary is a Title I
school and the PTA is a 501(c)3, was presented.
Member of the public Sylvia Mendoza-Johnson, spoke generally in favor of
the recommended action.
Motion by Councilmember Jara, seconded by Councilmember Morena, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
PUBLIC INPUT: Members of the public Denise Barton and Tom Johnson commented on
various local issues.
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at
7:55 p.m. in memory of Lavar Harper and Michael Ditchkofsky.
ATTEST: APPROVED:
Denise Anderson-Warren Terry O’Day
City Clerk Mayor Pro Tempore
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