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