m-112514CITY OF SANTA MONICA
CITY COUNCIL MINUTES
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:44 p.m., on
Tuesday, November 25, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pain O'Connor
Mayor Pro Tern Terry O'Day (arrived at 7:19 p.m.)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook (arrived at 6:15 p.m.)
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Absent: Councilmember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:44 p.m., with
Mayor Pro Tern O'Day, Councilmember Holbrook, and Councilmember
Winterer absent. Councilmember Vazquez led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Holbrook On order of the Mayor, the City Council recessed at 5:46 p.m., to consider
arrived at 6:15 p.m. closed sessions and returned at 7:21 p.m., Councilmember Winterer absent,
to report the following:
Mayor Pro Tem O'Day
arrived at 7:19 p.m. 1 -A: Public Employee Evaluation:
Title of Employee: City Clerk
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): Redden et al. v. City of Santa Monica, Los
Angeles Superior Court Case Number BC 545 191
The City Attorney advised this matter was heard with no reportable action
taken.
1 November 25, 2014
1 -C: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): New Cingular v. City of Alameda, et al., Los
Angeles Superior Court Case Number BC 462 270
The City Attorney advised this litigation arises from the method that
telephone companies billed for and collected utility user taxes and rebated
amounts to cities. The City Attorney recommended settlement of
$742,022.52, which will be deducted from future tax collections.
Councilmember Davis stated that she did not participate in the discussion
of this item, and will not vote on the item, because New Cingular is a
subsidiary of her employer.
Motion by Mayor O'Connor, seconded by Councilmember Vazquez, to
approve Settlement No. 10006 (CCS), as recommended by the City
Attorney.
AYES: Councilmembers Vazquez, Holbrook, McKeown,
Mayor O'Connor
NOES: None
ABSTAIN: Councilmember Davis, Mayor Pro Tern O'Day
ABSENT: Councilmember Winterer
1 -D: Conference with Labor Negotiator.
City Negotiator: Donna Peter, Director of Human Resources
Bargaining Units: United Transportation Union (UTU)
Coalition of Santa Monica City Employees
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): Riel v. Clty of Santa Monica, United States
District Court, Central District, Western Division Case Number 2:14 -
CV -04692
The City Attorney advised this matter was heard with no reportable action
taken.
1 -F: Consideration of Interim City Manager Appointment
The City Attorney advised this matter was heard with no reportable action
taken.
2 November 25, 2014
1 -G: Conference with Legal Counsel — Anticipated Litigation —
Anticipated Litigation: Anticipate significant exposure to litigation
pursuant Government Code Section 54956.9 (d)(2): 1 case
The City Attorney advised this matter was not heard.
SPECIAL AGENDA 2 -A: Energy Partnership Award Presentation by SoCal Edison, was
ITEMS: presented.
2 -13: Recognition of Retiring City Councilmember Robert Holbrook,
was presented.
Members of the public Jean Sedillas, Jerry Rubin, Beth Leder -Pack, Paul
Rosenstein, and Leah Mendelsohn (donated time by Sonya Sultan) spoke
and gave well wishes to Councilmebmer Holbrook.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Jerry Rubin, Denise Barton, Jane Kechler, Marry
Marlow (donated time by Carol Lansberg), Lois Lambert (donated time by
Richard Colm), Laura Korman, Lia Skidmore, Sean Reid (donated time by
Jeffery Gordon), Asuka Hisa, Claire Ruud, Tori Rhoades (donated time by
Carlos Rubio), Pete Savino, and Norm Roberts commented on various
Consent Calendar items.
At the request of Councilmember McKeown, Items 3 -G and 3 -I were
removed from the Consent Calendar.
At the request of Councilmember Vazquez, Item 3 -K was removed from
the Consent Calendar.
On the request of staff, the Mayor ordered Item 3 -0 removed from the
agenda.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Day,
to approve the Consent Calendar except for Items 3 -G, 3 -I, 3 -K, and 3 -0,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Winterer
3 November 25, 2014
MINUTES 3 -A: The minutes for the November 11, 2014, City Council meeting,
were approved.
TRAFFIC 3 -13: Professional Services Agreement Modification for Traffic
MANAGEMENT CENTER Management Center Staffing PSA Modification for Traffic
STAFFING Management Center Staffing — recommendation to authorize the City
Manager to negotiate and execute a first modification to Professional
Services Agreement No. 9997 (CCS) in the amount of $31,424 with Iteris,
Inc. to provide engineering services for the Transportation Management
Center, resulting in a two year amended agreement with a new total amount
not to exceed $90,332, with future year funding contingent on Council
budget approval, was approved.
BUS STOP 3 -C: Modification for the Big Blue Bus Bus -Stop Improvement
IMPROVEMENT Project — recommendation to: 1) Authorize the City Manager to negotiate
PROJECT and execute a seventh modification to Professional Services Agreement No.
9043 (CCS) in the amount of $25,000 with Lorcan O'Herlihy Architects, to
provide additional design services for the creation of new site specific plans
due to unforeseen added service changes for the Big Blue Bus (BBB) Bus
Stop Improvement Project, resulting in an amended agreement with a new
total amount not to exceed $1,009,992, with future funding contingent on
Council budget approval; 2) Authorize the City Manager to negotiate and
execute a second change order to Contract No. 9758 (CCS) in the amount
of $375,000 with West Valley Investment Group, Inc., to replenish
contingency funds from the original contract used to construct extended
network signs for the BBB Bus Stop Improvement Project for a new total
contract amount not to exceed $7,055,909. This change order would not
change the completion date of the contract; and, approve changes, was
approved.
WATER 3 -D: Water Conservation Communication and Behavior Change
CONSERVATION Campaign — recommendation to authorize the City Manager to negotiate
CAMPAIGN and execute professional service Agreement No. 9998 (CCS) with Cook &
Schmid, to provide strategic communication assistance regarding the City's
mandatory 20% water conservation goal in an amount not to exceed
$175,000 for one year, with one additional one -year renewal option in the
amount of $125,000, on the same terms and conditions, for a total amount
not to exceed $300,000 over a two -year period, with future year funding
contingent on Council budget approval, was approved.
COUNCIL MEETING 3 -E: Cancellation of a regular Council meeting scheduled for
CANCELLATION Tuesday, December 23, 2014, due to a lack of quorum, was approved.
ALCOHOLIC BEVERAGE 3 -17: Department of Alcoholic Beverage Control (ABC) Mini Grant
CONTROL GRANT Program — recommendation to authorize the City Manager to accept a
grant awarded in the amount of $10,700 from the California Department of
4 November 25, 2014
Alcoholic Beverage Control (ABC) Mini Grant Program, and authorize
budget changes, was approved.
WASTEWATER MAIN 3 -1-1: 2014 Annual Wastewater Main Replacement Contract —
REPLACEMENT recommendation to award Bid #SP2303 to Vasilj, Inc., for the 2014 Annual
Wastewater Main Replacement Project; authorize the City Manager to
negotiate and execute Contract No. 9999 (CCS) with Vasilj, Inc. in an
amount not to exceed $2,042,756, authorize the City Manager to negotiate
and execute Contract No. 10000 (CCS) with SA Associates in an amount
not to exceed $240,000 for construction management and inspection
services for the 2014 Annual Wastewater Main Replacement Project; and
authorize budget changes, was approved.
LABOR AGREEMENTS 3 -J: Memoranda of Understanding with the Santa Monica
Municipal Employees Association, International Brotherhood of
Teamsters, Local 911 and Santa Monica Fire Executive Management
Association — recommendation to adopt Resolution No. 10847 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENTS
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDA OF UNDERSTANDING WITH THE MUNICIPAL
EMPLOYEES ASSOCIATION; INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL 911; AND THE SANTA MONICA FIRE
EXECUTIVE MANAGEMENT ASSOCIATION and authorizing the City
Manager to execute Memoranda of Understanding Nos. 10002 (CCS)
through 10004 (CCS) 'with the Santa Monica Municipal Employees
Association, International Brotherhood of Teamsters, Local 911 and Santa
Monica Fire Executive Management Association; adopt Resolution No.
10848 (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 FIRE EXECUTIVE
MANAGEMENT ASSOCIATION'; and approve revised salary schedules
effective as a result of the negotiated tentative agreements reached for the
classifications represented by Santa Monica Municipal Employees
Association, International Brotherhood of Teamsters, Local 911 and Santa
Monica Fire Executive Management Association, was approved.
EXECUTIVE 3 -L: Agreement with Alliance Resource Consulting for City
RECRUITMENT Manager Executive Recruitment — recommendation to authorize the City
Manager to negotiate and execute professional services Agreement No.
10005 (CCS) with Alliance Resource Consulting LLC., in the amount not
to exceed $47,500, to provide executive recruitment services in the search
for a new City Manager, was approved.
5 November 25, 2014
PARKS PROGRAM 3 -M: Acceptance of California Housing - Related Parks Program
GRANT Grant — recommendation to adopt Resolution No. 10849 (CCS) entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE
GRANT DOCUMENTS FOR THE HOUSING RELATED PARKS
PROGRAM GRANT ", was approved.
URBAN AREA SECURITY 3 -N: Second Amendment to the 2011 Urban Area Security Initiative
INITIATIVE GRANTS (UASI) Grant and First Amendment to the 2012 Urban Area Security
Initiative (UASI) Grant — recommendation to authorize the City Manager
to negotiate and execute a second amendment to the 2011 UASI grant for a
total amount of $292,620, to purchase equipment and training that supports
regional homeland security goals; authorize the City Manager to negotiate
and execute a first amendment to the 2012 UASI grant in the amount of
$247,482 for a total amount of $669,768; and, authorize budget changes,
was approved.
BERGAMOT STATION 3 -0: Bergamot Station Arts Center Advisory Committee and
ARTS CENTER Guiding Principles — recommendation that the City Council: Approve the
creation of an advisory committee for the Bergamot Station Arts Center,
consisting of one member designated by each of the following groups:
Santa Monica Arts Commission, Santa Monica Planning Commission,
Santa Monica Neighborhood Council, Bergamot Station Gallery and
Cultural Association, and Santa Monica Museum of Art; and approve
guiding principles for the project, was presented.
Councilmember McKeown stated that he pulled this item to request staff
return at the December 16 Council meeting with an amended proposal for
the committee.
Discussion ensued on topics including the makeup and size of the
committee.
Staff direction was provided.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to ask staff to return at the December 16 meeting with a proposal
with a larger committee.
AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Winterer
CUSTODIAL SERVICES 3 -I: Award Custodial Services Contract for Various City Facilities —
CONTRACT recommendation to Award Bid #4150 to Lee's Maintenance Services, Inc.,
to provide custodial cleaning services at various City facilities in an amount
6 November 25, 2014
not to exceed $7,570,582; and authorize the City Manager to negotiate and
execute contractual services Agreement No. 10001 (CCS) with Lee's
Maintenance Service, Inc., in an amount not to exceed $658,494 for
custodial cleaning at the Public Safety Facility, 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 $6,912,088, for a total amount
not to exceed $7,570,582 over a five year and six month period, with future
renewals and funding contingent on Council budget approval and with a
30 -day termination clause. Lee's Maintenance Service's contract amount
for FY 2015 -16, the first full year of service, if authorized by Council,
would be in an amount not to exceed $1,320,009, was presented.
Councilmember McKeown stated that he pulled this item to obtain
information from staff.
Discussion ensued on topics including cancellation and coalition of
contracts.
Motion by Councilmember Davis, seconded by Mayor Pro Tem O'Day, to
approve the staff recommendation and direct staff to include these contracts
in the omnibus contracting discussion.
AYES: Councilmembers Vazquez, Davis, Holbrook,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: Councilmember McKeown
ABSENT: Councilmember Winterer
Councilmember McKeown stated that he voted no on the item because this
was a premature action that may actually reduce the City's flexibility and
unadvisable just before the seating of a new Council.
RE,SIDEPITS SURVEY 3 -K: Execute a Professional Agreement with Fairbank, Maslin,
Maullin, Metz & Associates for the 2015 Bi- Annual Residents Survey —
recommendation to authorize the City Manager to negotiate and execute a
professional services agreement with Fahbank, Maslin, Maullin, Metz &
Associates, to conduct the bi- annual resident survey for FY 2014 /15, in the
amount of 34,995, was presented.
Councilmember Vazquez stated that he was removing the item to move that
the existing contract go out to bid.
Motion by Councilmember Vazquez, seconded by Councilmember
McKeown, to take the professional services contract out to bid.
AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
November 25, 2014
ABSENT: Councilmember Winterer
STUDY SESSION: 4 -A: Homeless Initiatives Status Update — recommendation to review
HOMELESS and comment on the status of regional and local homeless initiatives, was
INITIATIVES presented.
There were no members of the public present on this item.
Considerable discussion ensued on topics including, but not limited to
transitional housing, and effective handling of the situation.
On order of the Mayor, the item was received and filed.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2475 (CCS)
1112 -1122 PICO entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
BOULEVARD CITY OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A
MUNICIPAL CORPORATION, AND PICO ELEVEN, LLP ", was
presented.
Motion by Mayor Pro Tern O'Day, seconded by Councilmember Davis, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Winterer
LANDMARKS LAW 7 -B: First Reading and Introduction of Proposed Ordinance
Modifying the Landmarks Law By Eliminating the Provision
Authorizing Automatic Nullification of Petitions for Designation of
Historic Districts, was presented.
Members of the public Sonya Sultan, Leslie Lambert, Ruthann Lehrer,
Nina Fresco, Tom Cleys, and Margaret Bach spoke generally in favor of
the recommended action.
Members of the public Bruce Cameron, Tom Larmore and Denise Barton
spoke generally in opposition to the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof.
Motion to amend by Councilmember Davis, to ask the Landmarks
Commission for a report to Council in a year regarding the effects of the
8 November 25, 2014
change. The motion to amend was friendly to the maker if the report was
performed within six months. The six month date was friendly to
Councilmember Davis. The amendment, including the six month date, was
friendly to the seconder.
Substitute motion by Councilmember Holbrook, seconded by Mayor Pro
Tern O'Day, to approve the staff recommendation but remove the R -1
zones.
The substitute motion failed by the following vote
AYES: Councilmember Holbrook, Mayor Pro Tern O'Day
NOES: Councilmembers McKeown, Davis, Vazquez,
Mayor O'Connor
ABSENT: Councilmember Winterer
The original motion, as amended, which was to introduce and hold first
reading of the ordinance by title only and waiving first reading thereof, and
asking the Landmarks Commission for a report to Council in six months
regarding the effects of the change, was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Vazquez,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT: Councilmember Winterer
STAFF 8 -A: Concept Design Approval for the Proposed Interim Use of the
ADMINISTRATIVE City -Owned Property at 4th Street and Colorado Avenue to Facilitate
ITEMS: Expo Transit Connection — recommendation that the City Council
TRANSIT TRANSFER approve the concept design and direct staff to proceed with schematic
ZONE design, design development and construction documents for the proposed
interim use for a six berth interim transit transfer zone with related kiss -
and -ride, shuttles and pedestrian amenities at the 4th /Colorado Station Site
for approximately four to ten years. The rough order of magnitude cost
estimate for the project is approximately $8 million (including $1.4 million
for interim and long -term site analysis and interim use construction
documents, and $6.6 million for proposed interim use construction); and, 2)
authorize the budget changes, was presented.
Members of the public Scott Schonfeld, Carl Hansen, Kathleen Rawson,
and Denise Barton spoke generally in opposition to the recommended
action.
Considerable discussion ensued on topics including, but not limited to
traffic in the downtown, bus routes, and safety concerns.
9 November 25, 2014
Motion by Councilmember McKeown, seconded by Mayor O'Connor, to
ask staff to return in early February with a rethinking of the concept, after
considering Council comments. The motion was approved by a unanimous
voice vote, with all members present excepting Councilmember Winterer.
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Disabilities
DISCUSSION ITEMS: Commission for a term ending on June 30, 2016, was presented.
DISABILITIES
COMMISSION On order of the Mayor, the item was continued to the December 16, 2014
Council meeting.
LA METRO BOARD 13 -B: Request of Mayor Pro Tem O'Day that the council support the
reappointment of Mayor O'Connor for LA Metro Board of Directors
at the end of her current term, was presented.
Members of the public Denise Barton spoke generally in opposition to the
recommended action.
Motion by Mayor Pro Tern O'Day, seconded by Councilmember Vazquez,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, McKeown
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Winterer
FUEL PUMP LABELING 13 -C: Request of Councilmember McKeown that Council direct staff
to explore an ordinance requiring the labeling of retail petroleum fuel
pumps with a message explaining the connection between fossil fuel
consumption and climate change, and return to Council with
recommendations, which may include a draft ordinance and an
evaluation of legal risk, if any, was presented.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Holbrook, Davis, Vazquez,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: Councilmember Winterer
PUBLIC INPUT: Members of the public Art Casillas, Dhun May, Denise Barton and People
of the State of California commented on various local issues.
10 November 25, 2014
On order of the Mayor, the City Council meeting was adjourned at 11:48
p.m. in memory of William "Bud" Lambert,
ATTEST: APPROVED:
Sarah P. Gorman Pam O'Connor
City Clerk Mayor
11 November 25, 2014