Loading...
m-031814CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 1R, 2014 A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:35 p.m., on Tuesday, March 18, 2014, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Terry O'Day (arrived at 5:40 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councihnember Tony Vazquez (arrived at 5:41 p.m.) Councilmember Ted Winterer Absent: Councilmember Gleam Davis Also Present: Assistant City Manager Elaine Polachek City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with Mayor Pro Tem O'Day, Councilmember Davis and Councilmember Vazquez absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions. Mayor Pro Tem O'Day On order of the Mayor, the City Council recessed at 5:40 p.m., to consider arrived at 5:40 p.m. closed sessions and returned at 7:06 p.m., with all members present, to report the following: Councilmember Vazquez arrived at 5:41 p.m. 1 -A: Conference with Labor Negotiator. City Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Administrative Team Associates (ATA) SM Fire Executive Management Association (FEMA) SM Firefighters Local 1109 IAFF (Fire) Municipal Employees Association (MEA) Management Team Associates (MTA) SM Police Officers Association (POA) Supervisory Team Associates (STA) California Teamsters Local 911 (Teamsters) United Transportation Union (UTU) March 18, 2014 The City Attorney advised this matter was heard and no reportable action was taken. 1 -B: Conference with Legal Counsel —Existing Litigation —Litigation has been initiated formally pursuant to Government Code Section 54956.9(4)(1): Platkov, et at v. City of Santa Monica, et al, Los Angeles Superior Court Case Number BC 508 714 Motion by Mayor Pro Tem O'Day, seconded by Councilmember Holbrook, to approve settlement No. 9883 (CCS), related to a bus accident with two sets of serious injuries, in the amount of $800,000. The motion was approved by the following vote: AYES: CounciImembers Vazquez, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Davis I -C: 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, Federal Aviation Administration and Michael P. Huerta,_ in his Official Capacity as Administrator of the FAA, United States District Court Case Number 2:31 -CV 8046 JFW (VBKx) The City Attorney advised this matter was heard and no reportable action was taken. 1 -D: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) — 1 case The City Attorney advised this matter was not heard. 1 -E: 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. Roesligg Nakamura Terada Architects, Inc., Los Angeles Superior Court Case Number SC 121060 Motion by Councilmember Holbrook, seconded by Councilmember Vazquez, to approve settlement No. 9884 (CCS), related to architectural design of beach restrooms, for a payment of $135,000 to the City. The motion was approved by the following vote: 2 March 18, 2014 AYES: Councilmembers McKeown, Winterer, Holbrook, Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Davis CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton, Nehan Trifuniovic and Adam Holt commented on various Consent Calendar items. Motion by Councilmember Winterer, seconded by Mayor Pro Tern O'Day, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Cormcilmembers Vazquez, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Davis MINUTES 3 -A: Minutes of the February 11, 2014 and February 25, 2014 City Council meetings were approved. WATER 3 -B: Modification to Professional Services Agreement with CONSERVATION ConserveTrack LLC for web -based software system to track and report water - saving projects and programs — recommendation to authorize the City Manager to negotiate and execute Professional Services Agreement No. 9880 (CCS) with ConserveTrack, LLC, in the amount of $114,635 to continue providing licensing, hosting, support and maintenance for the ConserveTrack web -based software system to track and report water - saving projects and programs, resulting in a three year amended agreement and two -year renewal option for a total of 11 years with a new total amount not to exceed $179,635, with future year funding contingent on Council budget approval, was approved. WATER QUALITY 3 -C: Apply for Three Grants To Improve Ocean Water Quality and Augment the Local Water Supply and Adopt a Resolution to Apply for One of the Grants — recommendation that City Council: 1) Adopt Resolution No. 10803 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE WATERSMART WATER AND EFFICIENCY GRANT AND THE EXECUTION OF GRANT DOCUMENTS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION'; 2) Authorize the City Manager to execute all necessary documents to apply for and accept grants; and 3) Authorize budget changes, was adopted and approved. 3 March 18, 2014 REFUSE/RECYCLING 3 -1): Bid Award for Purchase of Metal Refuse/Recycling Bins — BINS recommendation to award Bid 44101 to Consolidated Fabricators Corp., in an amount not to exceed $50,000 for FY 2013 -14 for the purchase of 2 and 3 -yard metal refuse /recycling bins, with two one -year options to renew for a total award amount not to exceed $296,000 over a three -year period, with future year funding contingent upon Council budget approval, was approved. ENGINE REPLACEMENT 3 -E: Purchase of Cummins Engine Replacement Parts for Transit PARTS Services — recommendation to award Bid #4124 to Cummins Pacific, LLC, in an amount not to exceed $600,000 for the purchase and delivery of Original Equipment Manufacturer Cummins Compressed Natural Gas engine replacement parts, with two additional one -year renewal options in the amount of $1,200,000, for a total amount not to exceed $1,800,000 over a three -year period, with future year funding contingent on Council approval and budget adoption, was approved. RECYCLING SERVICES 3 -F: Second Agreement Modification with Cedarwood- Young, Inc. d/b /a/ Allan Company for Recycling Processing Services and First Agreement Modification with Southern California Disposal for Transfer and Hauling Services — recommendation to authorize the City Manager to negotiate and execute a second modification to service agreement 9012 (CCS) with Cedarwood- Young, Inc. d /b /a Allan Company to reflect changes in the scope of services; and, authorize the City Manager to negotiate and execute a first modification to service agreement 9011 (CCS) with Southern California Disposal to reflect changes in the operation, was approved. MOBILE COMPUTERS 3 -G: Purchase of Mobile Computers for the Fire Department — recommendation that the City Council award Bid #4127 to Lehr Automotive in the amount of $275,000, for the purchase of mobile data computers for the Fire Department, was approved. 223 BROADWAY 3 -11: Sublease of Retail Space at 223 Broadway —recommendation to authorize the City Manager to negotiate and execute sublease Agreement No. 3881 (CCS) with Washington Earth Spa, LLC for the retail space at 223 Broadway that would extend through June 30, 2017, was approved. DOWNTOWN SPECIFIC 3 -I: Amendment to Provide Additional Scope of Work for the PLAN Downtown Specific Plan Environmental Impact Report — recommendation to authorize the City Manager to negotiate and execute a first modification to Contract No. 9687 (CCS), with AMEC Environment & Infrastructure, Inc., in the amount of $170,000 to provide additional environmental consulting services for the Downtown Specific Plan and Program Environmental Impact Report, resulting in a two -year amended contract with a new total amount not to exceed $771,000, was approved. 4 March 18, 2014 REAL -TIME BEACH 3 -J: Funding Modification for the Real -Time Beach Parking Project PARKING — recommendation to authorize the following FY 2013 -14 budget changes: 1) reduce revenue budget in the amount of $57,121; and 2) reduce expenditure budget in the amount of $57,121, was approved. AUDITING SERVICES 3 -K: Auditing Services for the City of Santa Monica — recommendation to authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement #9373 (CCS) with Macias Gini & O'Connell in the amount of $44;000 to provide financial auditing services, resulting in a five -year amended agreement with a new total amount not to exceed $797,281, with future year funding contingent on Council budget approval, was approved, 163017TH STREET 3 -L: Sublease of Spare at 1438 17`F' Street — Tecomrnendation to authorize the City Manager to negotiate and execute sublease Agreement No. 9882 (CCS) with the Santa Monica - Malibu Unified School District for the space at 1630 17`h Street, beginning April 1, 2014 and extending through August 31, 2021, in accordance with the terms described, and authorize the budget changes, was approved. STUDY SESSION: 4 -A: Results from 2014 Resident Survey on Future Development — 2014 RESIDENT SURVEY recommendation that the City Council review and comment on the results from the 2014 Resident Survey on future development, was presented. Members of the public Denise Barton, Carl Hansen, Diana Gordon (donated time by Nancy Morse), Zina Josephs (donated time by Joanne Curtis), Mary Marlow (donated time by Mark Kreher), Mike Salazar, Ed Hunsaker, Ann Williams, Lauren Paull (donated time by Manju Raman), Jerry Rubin, Paul Goodwin (donated time by Chris Harding), Kevin Mardesich, Jeremy States, Bill Shoene, Cheryl Stetcher, Juan Matute, Christel Andersen, and Michael Feinstein provided comments on the item on topics including survey results, traffic, building height, and survey methodology. Considerable discussion ensued on topics including hotels, heights, survey groups, benefits, and the community. On order of the Mayor, the information was received and filed. ORDINANCES: 7 -A: Hold Public Hearing and Introduce for First Reading an FRANCHISE Ordinance Granting a Franchise Agreement to Crimson California AGREEMENT Pipeline, L.P. for a Crude Petroleum Pipeline, was presented. Members of the public Zina Josephs, Christel Andersen, Andrew Hoyer, and Oscar de In Torre spoke in opposition to the recommended action. 5 March 18, 2014 Motion by Councilmember Vazquez, seconded by Councilmember McKeown, to direct staff to negotiate for a 10 year term for the lease. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Davis PUBLIC HEARINGS: 9 -A: Public Hearing of the Annual review of the City's Plan for HOMELESS SERVICES Homeless Services — recommendation that the City Council: 1) hold a public hearing and receive public comment on the Annual Review of the City's Plan for Homeless Services, pursuant to Municipal Code Section 2.69.030; 2) review and comment on strategies to address homelessness; and 3) direct staff to proceed with next steps, was presented. Member of the public Bobby Shriver and John Maceri spoke in support of the staff recommendation. Member of the public Christel Andersen (donated time by Catherine Eldridge) spoke in opposition to the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to direct staff to proceed with the steps outlined in the staff report including answering the questions of preventing homelessness and focusing on Santa Monicans who may lose their homes. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown Mayor Pro Tent O'Day, Mayor O'Connor NOES: None ABSENT: Councilmember Davis COUNCILMEMBER 13 -A: Recommendation to accept Sanford Weintraub's resignation DISCUSSION ITEMS: from the Social Services Commission, was presented. SOCIAL SERVICES COMMISSION Motion by Councilmember Winterer, seconded by Councilmember Vazquez, to accept the resignation with regrets. The motion was unanimously approved by voice vote, with Councilmember Davis absent. E- CIGARETTES 13 -B: Request of Councilmember Holbrook that the Council direct staff to research and analyze regulation of e- cigarettes with consideration of recent actions in Los Angeles and Long Beach and report back the results to Council, was presented. 6 March 18, 2014 Members of the public Jerry Rubin, Esther Schiller, Griffin Riel, Kevin Kleiman, Willow Evans, and Carol Riel spoke in favor of the request. Members of the public Ian James Johnston spoke in opposition to the request. Motion by Councilmember Holbrook, seconded by Councilmember Vaz uez, to direct staff to prepare an ordinance to regulate e- cigarettes as regulate regular cigarettes and provide information on the topic. Substitute motion by Councilmember McKeown, to direct staff to research and analyze regulation of e- cigarettes with consideration of recent actions in neighboring communities and report the results back to Council. Motion by Councilmember Winterer, to amend the substitute motion to ask staff to return with scientific information. The motion was friendly to the maker. Councilmember Winterer seconded the substitute motion. Councilmember Holbrook withdrew his motion with the understanding that Councilmember McKeown would amend the motion to direct staff to complete the task sooner rather than later. Substitute motion by Councilmember McKeown, seconded by Councilmember Winterer, to direct staff to research and analyze regulation of e- cigarettes with consideration of recent actions in neighboring communities and report the results back to Council. The motion was approved unanimously by voice vote, with Councilmember Davis absent. VILLAGE TRAILER 13 -C: Request of Councilmember McKeown that, in light of the recent PARK legal settlement between Village Trailer Park residents and the developers of the Village Trailer Park property, that the Council direct staff to explore options for allowing remaining Village Trailer Park residents to relocate to the City's Mountain View mobile home park, allowing them to remain residents of our community, outside of any obligations or constraints in the Development Agreement for the Village Trailer Park property, simply waiving any City deadlines contained therein, was presented. Members of the public Calvin Normore, Todd Flora, and Ken Ward spoke in favor of the request. Motion by Councilmember McKeown, to direct staff to explore options for allowing remaining Village Trailer Park residents to relocate to the City's Mountain View mobile home park, allowing them to remain residents of our community, outside of any obligations or constraints in the 7 March 18, 2014 ADJOURNMENT Development Agreement for the Village Trailer Park property, simply waiving any City deadlines contained therein. The motion was approved by unanimous voice vote, with Councilmember Davis absent. On order of the Mayor, the City Council meeting was adjourned at 11:27 p.m. in memory of Vestella Armstrong Albert and Joesef McNeal. ATTEST: 4 Sarah P. Gorman City Clerk F11199K0]LT/N�7i Pam O'Connor Mayor March 18, 2014