m-082614CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 26, 2014
A regular meeting of the Santa Monica City Council was called to order by Councilmember Winterer at 5:35
p.m., on Tuesday, August 26, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:36 p.m.)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Ted Winterer
Absent: Councilmember Tony Vazquez
Mayor Pro Tem Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE In the absence of the Mayor and Mayor Pro Tem, Councilmember Winterer
was selected by all members present to serve as the Acting Chair . On
Mayor O'Connor arrived at order of the Acting Chair, the City Council convened at 5:35 p.m., with
5:36p.m. Mayor O'Connor, Mayor Pro Tem O'Day and Councilmember Vazquez
absent. City Manager Rod Gould led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:38 p.m., to consider
closed sessions and returned at 6:38 p.m., with Mayor Pro Tem O'Day and
Councilmember Vazquez 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): Redden et al. v. Kokotakis et al., Los Angeles
Superior Court Case Number BC 545 191
The City Attorney advised this matter was heard and no reportable action
was taken.
August 26, 2014
1 -13: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Hartley et al. v. Logan et al., Los Angeles
Superior Court Case Number BS 150 507
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Millen v. City of Santa Monica, Los Angeles
Superior Court Case Number SS 024 550
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -D: Conference with Legal Counsel — Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4) —1 case
The City Attorney advised this matter was not heard.
1 -E: Conference with Legal Counsel — Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) — 1 case: 1) ACLU challenge to noise
ordinance
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -F: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Hawkins v. City of Santa Monica, Los Angeles
Superior Court Case Number SC 117 741
The City Attorney recommended Settlement No. 9964 (CCS) in the amount
of $175,000 in this action arising out of a bus accident resulting in spinal
injury.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the settlement. The motion was approved by the following vote:
The motion was approved by the following vote:
2 August 26, 2014
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day, Councilmember Vazquez
SPECIAL AGENDA 2 -A: Commendation to the Santa Monica Little League "Blue Jays"
ITEMS: on winning the 2014 Santa Monica AAA Minor Championship, was
presented.
2 -B: City of Santa Monica celebrates Women's Equality Day, was
presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
City Manager Gould discussed the following correction on Item 3 -J: on
page two, describing changes to the agreement with the Police Officer's
Association, the report indicates that employees would receive a 3% cost of
living increase and would contribute back 1.5% of the cost of retirement
benefits; it should read that there is a 2% cost of living increase with an
employee contribution of 0.5 %.
Members of the public Frank Morales, Troy Todd, Abdul Khan, Richard
Remo, Danielle Charney, Evelyn Lansberry, Karen Evans, Ira Gottlieb,
Pete Savino, Michael Roth, Tori Rhodes, William Harder, Jr. (donated time
by William Harder, Sr.), Marcy Winograd (donated time by William
McMurray), Jerry Rubin, Beth Leder -Pack, Joe Felix, Nicole Phillis,
Denise Barton, Carlos Rubio, Frank Gruber, Sue Himmehich, Michael
Feinstein, and Brenda Barnes commented on various Consent Calendar
items.
At the request of Councilmember McKeown, Items 3 -E, 3 -F, and 3 -G were
removed from the Consent Calendar.
Motion by Councilmember Winterer, seconded by Councilmember
Holbrook, to approve the Consent Calendar Items 3 -A through 3 -D and 3 -H
through 3 -I, and Item 3 -J as amended per the City Manager's discussion,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tern O'Day, Councilmember Vazquez
3 August 26, 2014
MINUTES 3 -A: The minutes of August 12, 2014 City Council meeting were
approved.
AFFORDABLE HOUSING 3 -13: Affordable Housing Production Program Fee Resolutions —
PROGRAM FEE recommendation to adopt Resolution No. 10833 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE
HOUSING UNIT BASE FEE FOR NEW MARKET -RATE
MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA
MUNICIPAL CODE SECTION 9.56.070(b) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS ", and Resolution No.
10834 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING
THE AFFORDABLE HOUSING UNIT SECTION 9.56.070(c) BASED
ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," was
approved.
TRAFFIC SAFETY 3 -C: California Office of Traffic Safety Grant — recommendation to
GRANT authorize the City Manager to accept a grant awarded in the amount of
$330,000 from the California Office of Traffic Safety for the Selective
Traffic Enforcement Program, and to accept all grant renewals, and
authorize budget changes, was approved.
2316 3" STREET 3 -D: Adopt Resolution No. 10835 (CCS) entitled:" A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP
FOR PARCEL NO. 72040 TO SUBDIVIDE A PROPERTY AT 2316 3RD
STREET ", was approved.
LOCAL COASTAL 3 -H: Accept a Local Coastal Program Sea Level Rise Adaptation
PROGRAM GRANT Grant from the California Ocean Protection Council — recommendation
to authorize the City Manager to accept a grant awarded in the amount of
$235,000 from the California Ocean Protection Council for data collection
and analysis for sea level rise planning and capacity building in the Greater
Los Angeles Metropolitan Region, and to accept all grant renewals, and
authorize budget changes, was approved.
INTERNAL AUDIT 3 -I: Internal Audit Services for the City of Santa Monica —
SERVICES recommendation to authorize the City Manager to negotiate and execute
professional services Agreement No. 9956 (CCS) with Moss Adams LLP
for internal audit services in an amount not to exceed $561,000 for a three
year period with one option to renew for an additional two years in the
annual amount of $187,000, for a total amount not to exceed $935,000 over
a 5 -year period, with future year funding contingent on Council budget
approval, was approved.
4 August 26, 2014
BARGAINING UNITS 34 Memorandum of Understanding with the Santa Monica Police
MOU'S Officers Association, Santa Monica Firefighters Association Local
1109, Management Team Associates, Supervisory Team Associates,
and Administrative Team Associates — recommendation that City
Council adopt Resolution No. 10836 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE
VARIOUS MEMORANDA OF UNDERSTANDING" with the Santa
Monica Police Officers Association (MOU No. 9957 (CCS)), Santa Monica
Firefighters Association (MOU No.9958 (CCS)), Management Team
Associates (MOU No. 9959 (CCS)) , Supervisory Team Associates (MOU
No. 9960 (CCS)), and Administrative Team Associates (MOU No. 9961
(CCS)); adopt Resolution No. 10837 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
DISCONTINUE PAYING AND REPORTING THE VALUE OF
EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SANTA
MONICA FIREFIGHTERS LOCAL 1109 IAFF ", was approved, as
amended.
SOFTWARE 3 -K: Software Maintenance and Support Services Agreement with
MAINTENANCE Maintenance Connection, Inc. — recommendation to authorize the City
Manager to negotiate and execute sole source software maintenance and
support Agreement No. 9962 (CCS) with Maintenance Connection, Inc., in
and amount not to exceed $226,600 over a five -year period, with future
year funding contingent on Council budget approval, for technical support,
was approved.
LOS AMIGOS PARK 3 -L: Award Design Contract for Los Amigos Park Stormwater
Harvesting and Direct Use Demonstration Project — recommendation to
authorize the City Manager to negotiate and execute professional services
Agreement No. 9963 (CCS) with California Watershed Engineering, in an
amount not to exceed $192,500 to provide engineering design services,
develop construction documents, and provide engineering support during
construction for the Los Amigos Park Stormwater Harvesting and Direct
Use Demonstration Project; and, authorize budget changes, was approved.
CUSTODIAL SERVICES 3 -E: Award Custodial Services Contracts for Various City Facilities
CONTRACTS — recommendation to award Bid #4150 to Executive Suite Services in an
amount not to exceed $3,382,908 to provide custodial cleaning services at
the Santa Monica Pier, and to Lee's Maintenance Services, Inc. in an
amount not to exceed $7,681,240 to provide custodial cleaning services at
various city facilities; to authorize the City Manager to negotiate and
execute a contractual services with Executive Suite Services, Inc., in an
amount not to exceed $293,626 for custodial cleaning services at the Santa
Monica Pier for FY 2014 -15, with five additional one -year renewal options
5 August 26, 2014
in a cumulative amount of $3,089,282 for a total amount not to exceed
$3,382,908 over a five year and seven month period, with future year
funding contingent on Council budget approval; to authorize the City
Manager to negotiate and execute contractual services Agreement No.
(CCS) with Lee's Maintenance Service, Inc., in an amount not to exceed
$818,690 for custodial cleaning services at the Public Safety Facility, Santa
Monica State Beach, the Civic Center, and City offices at various locations
for FY 2014 -15 with five additional one -year renewal options in a
cumulative amount of $6,862,550, for a total amount not to exceed
$7,681,240 over a five year and seven month period at the Public Safety
Facility, the Civic Center, and City offices, and five year and nine month
period at the Santa Monica State Beach, with future year funding
contingent on Council budget approval; and authorize budget changes, was
presented.
Councilmember McKeown stated that he pulled this item to discuss
outsourcing.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to not follow the staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tern O'Day, Councilmember Vazquez
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to provide staff direction to retmn to Council to have a policy discussion
about contracting out employees, including a comparison of both wages
and benefits and of potential for promotions, and including an omnibus
general direction about contracting out.
The motion was approved by a unanimous voice vote, with all members
present excepting Mayor Pro Tem O'Day and Councilmember Vazquez.
TRANSIT FACILITIES 3 -17: Award Bid for Transit Facilities Maintenance —recommendation
MAINTENANCE to award Bid #4141 to Vehicle Technical Consultants, Inc. (VTC) for
facilities maintenance and repair services on Big Blue Bus buildings and
grounds for one year with two additional one year options to extend; and
authorize City Manager to negotiate and to execute Contract No. 9954
(CCS) with VTC in an amount not to exceed $150,000 for one year, with
two additional one year options on the same terms and conditions for a total
not to exceed $450,000, with future year funding contingent on Council
budget approval, was presented.
6 August 26, 2014
Councilmember McKeown stated that he pulled this item to discuss
outsourcing.
Motion by Councilmember McKeown, not to follow staff recommendation
and not execute these contracts at this time.
Councilmember Winterer seconded the motion for discussion.
The motion failed by the following vote:
AYES: Councilmembers McKeown, Mayor O'Connor
NOES: Councilmember Winterer, Holbrook, Davis
ABSENT: Mayor Pro Tern O'Day, Councilmember Vazquez
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve the staff recommendation for item 3 -F with an amendment that
the contract will be evaluated as part of the overall review about
contracting out, and will be specifically reported back to Council on this
contract prior to expiration of the initial one year term. The motion was
approved by the following vote:
AYES: Councilmembers Winterer, Holbrook, Davis,
Mayor O'Connor
NOES: Councilmember McKeown
ABSENT: Mayor Pro Tern O'Day, Councilmember Vazquez
Councilmember McKeown requested that the record reflect that he voted
no to reflect a his desire to respect information he has received from Big
Blue Bus workers and their bargaining unit and that he felt that Council
should have incorporated that information and made the informed policy
decision rather than moving forward at this time.
BUS DETAILING 3 -G: Award Bid for Bus Detailing Services — recommendation to
SERVICES award Bid #4133 to Uniserve Facilities Service, Inc. for bus and service
vehicle detailing service for one year with two additional one year options
to extend; and authorize City Manager to negotiate and to execute Contract
No. 9955 (CCS) with Uniserve Facilities Service, Inc. in an amount not to
exceed $110,000 for one year, with two additional one year options on the
same terms and conditions for a total not to exceed $330,000 future year
funding contingent on Council budget approval, was presented.
Councilmember McKeown stated that he pulled this item to discuss
outsourcing.
Motion by Councilmember McKeown, seconded Mayor O'Connor, not to
7 August 26, 2014
award the bid at this time.
Discussion ensued on topics including outsourcing, and the timing and
terms of the contract.
Councilmember McKeown withdrew his motion.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to award the contract with the understanding that the contract can
be cancelled on a 30 day notice, and requesting that staff include
information about bringing these particular jobs in house in the overall
report about outsourcing.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day, Councilmember Vazquez
STUDY SESSION: 4 -A: Study Session on Preferential Parking Program and Priorities
PREFERENTIAL for Potential Updates to the Program - recommendation that the City
PARKING PROGRAM Council review, prioritize, and provide direction on potential actions to
further pursue with the intent to modify the existing preferential parking
program, was presented.
Members of the public Crystal Sershen, John Lindahi, Zed LaSaulle, Amy
Aukstikalnis (donated time by Carol Landsberg), Tricia Crane (donated
time by Nancy Morse) June W. Koehb, Taffy Patton (donated time by
Manju Raman), Denise Barton, Tristan Hall, Anne Harrington, Tony Haig,
Mark Gorman, Rebecca Barker, Linda Piera- Avila, George George, Jeff
Jarow, and Christian Boyce.
Considerable discussion ensued on topics including, but not limited to
access to parking for home health care workers, fraudulent use of permits,
need for day before printing of guest permits, parking enforcement, and
parking supply.
Staff direction was provided.
On order of the Mayor, the information was received and filed.
COUNCILMEMBER 13 -A: Request of Councihnenbers Davis and Vazquez that the Council
DISCUSSION ITEMS: allocate $15,000 of its discretionary funds to Virginia Avenue Project.
VIRGINIA AVENUE These funds will be matched by another donor and will allow the
PROJECT Virginia Avenue Project to establish and move into a permanent home
8 August 26, 2014
at the 18th Street Arts Complex. By establishing a permanent home at
the 18th Street Arts Complex, Virginia Avenue Park will be able to
continue to provide and even expand after - school and summer arts
programming and mentoring to local students. Additional information
is attached. The requested funds are available in the Council's
discretionary account, was presented.
Members of the public Alejandro Campoverdi and George George spoke
generally in favor of the recommended action.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to adopt the requested action, with a notation that "Virginia Avenue Park"
in the request should state "Virginia Avenue Project," and that "18°i Street
Arts Complex" should state "18t" Street Arts Center ". The motion was
approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day, Councilmember Vazquez
PUBLIC INPUT: Members of the public Denise Barton, Zoe Muntaner, Art Casillas, George
George, John Foster, and Elizabeth Lewin commented on various local
issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:29
p.m, in memory of Deborah Sussman and Randy Lawson.
ATTEST: APPROVED:
Sarah P. Gorman Pam O'Connor
City Clerk Mayor
9 August 26, 2014