6_26_18 City Council minutes - signed.pdf
1 June 26, 2018
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 26, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:34 p.m., on
Tuesday, June 26, 2018, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Terry O’Day (arrived at 7:23 p.m.)
Councilmember Tony Vazquez
Absent: Councilmember Pam O’Connor
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:34 p.m., with all
members present except Councilmembers O’Connor and O’Day. Mayor
Pro Tem Davis led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
There were no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 6:47 p.m., with Councilmembers O’Connor,
O’Day, and McKeown 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): Homeaway.com, Inc., and Airbnb, Inc. v. City of
Santa Monica, United States District Court, Central District of
California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW-
AFM
The City Attorney advised this matter was heard with no reportable action
taken.
1.B. Conference with Legal Counsel – Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
2 June 26, 2018
Code Section 54956.9 (d)(2): SAMO Apartments, LLC v. City of Santa
Monica
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. 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.
1.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Leevan & Wilshire -26 LLC. V. City of Santa
Monica, Los Angeles Superior Court, Case No. SS026729
The City Attorney advised this matter was heard with no reportable action
taken.
AGENDA
MANAGEMENT
On the order of the Mayor, seconded by Councilmember Himmelrich, the
Council voted to continue the Annual Boards and Commission
appointments, Item 13.A. and filling a vacancy, Item 13.B. to the July 24th
meeting, when there is a full Council. The motion was approved by voice
vote with Councilmembers McKeown, O’Day and O’Connor absent.
SPECIAL AGENDA
ITEMS:
Councilmember McKeown
returned at 6:48 p.m.
2.A. Proclamation: Immigrant Heritage Month, was presented by the
Mayor.
2.B. Commendation: SMLL Major Division Champions, was
presented by the Mayor.
REPORT ON COUNCIL
TRAVEL
Councilmember Vaquez reported that he traveled to Phoenix, Arizona for
the NALEO 35th Annual Conference and Board Meeting.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton commented on various Consent
Calendar items.
3 June 26, 2018
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Davis, to approve the Consent Calendar, reading resolutions by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Himmelrich, Vazquez, McKeown
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor, O’Day
RENEWABLE NATURAL
GAS
3.A. Award Contract for Purchase of Renewable Natural Gas, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #139 to Clean Energy Renewable Fuels, LLC, a
California-based company, for the procurement and supply of
Renewable Natural Gas; and
2. Authorize the City to register and participate in the California Air
Resources Board Low Carbon Fuel Standards Carbon Credit
Program; and
3. Authorize the City Manager to negotiate and execute Agreement
No. 10699 (CCS) with Clean Energy Renewable Fuels, LLC in an
amount not to exceed $306,350 (including a 10% contingency) for
one-year, with four additional one-year renewal options, on the
same terms and conditions, for a total amount not to exceed
$1,531,750 over a five-year period, with future year funding
contingent on Council budget approval.
AIRPORT LIGHTING 3.B. Award Construction Contract for the Airport Lighting Retrofit
Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2523 to Clear Blue Energy Corporation, a
California-based company, for construction services for the Airport
Lighting Retrofit Project;
2. Authorize the City Manager to negotiate and execute Contract
No.10700 (CCS) with Clear Blue Energy Corporation, in an amount
not to exceed $419,786 (including a $69,965 contingency); and
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
4 June 26, 2018
HEAVY DUTY
BATTERIES FOR
TRANSIT
3.C. Award Bid to Provide Heavy-Duty Batteries, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4325 to:
a. Battery Power, Inc., a California-based company, for the
purchase of DEKA brand heavy-duty batteries for transit
coaches; and
b. Battery Systems, Inc., a California-based company for the
purchase of Odyssey brand heavy-duty batteries for transit
coaches and Fire Vehicles.
2. Authorize the Purchasing Services Manager to issue purchase
orders with:
a. Battery Power for DEKA brand heavy-duty 8D and Group
31 batteries in an amount not to exceed $49,170 for one
year, with four (4) additional one-year renewal options with
the same terms and conditions for a total not to exceed
$245,850 over a five-year period with future year funding
contingent on Council budget approval;
b. Battery Systems, Inc. for Odyssey brand heavy-duty bus and
Fire apparatus batteries in an amount not to exceed $32,390
for a one-year period, with four (4) additional one-year
renewal options with a 5% increase per year for a total not to
exceed $178,972 over a five-year period with future year
funding contingent on Council budget approval.
GAS EXTRACTION 3.D. Professional Service Agreement to Provide Operation,
Maintenance, and Monitoring Services for the Landfill Gas Extraction
System at the City's Municipal Yard, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Agreement No. 10701 (CCS) with ES Engineering
Services, to operate, maintain, and monitor the landfill gas extraction
system currently operating at the City’s Municipal Yard for a total amount
not to exceed $531,045 (including a 10% contingency) over a three-year
period, with future year funding contingent on Council budget approval.
EMPLOYEE BENEFITS 3.E. Professional Services Agreement for Employee Benefits
Consulting Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP#173 to Alliant Insurance Services, Inc., (Alliant), a
California-based company for employee benefits consulting services;
5 June 26, 2018
2. Authorize the City Manager to negotiate and execute Agreement No.
10702 (CCS) with Alliant, in an amount not to exceed $273,000
(including a $25,000 contingency) for three years, with two
additional 1-year renewal options in the amount of $96,800
(including a $8,800 contingency) for the first renewal option and
$101,200 (including a $9,200 contingency) for the second renewal
option, otherwise on the same terms and conditions, for a total
amount not to exceed $471,000 over a 5-year period, with future
funding contingent on Council budget approval.
ELECTRICAL SERVICES 3.F. Award Contract to Leed Electric Inc. for Electrical Services at
Water and Wastewater Treatment Facilities, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4336 to Leed Electric Inc., a California-based
company, to provide electrical contractor services at water treatment
facilities and wastewater facilities;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10703 (CCS) with Leed Electric Inc., in an amount not to
exceed $1,660,000 over a five-year period, including 5% annual
increases, with future funding contingent on Council budget
approval.
RECORDS STORAGE 3.G. Award Request for Proposal for Citywide Records Storage
Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Request for Proposal #154 to Filekeepers, LLC, a
California-based company, for citywide offsite records storage
services;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10704 (CCS) with Filekeepers, LLC, in an amount not to
exceed $350,000 for five years, with five additional one-year
renewal options with the same terms and conditions for a total
amount not to exceed $700,000 over a 10-year period with future
year funding contingent on Council budget approval.
DOWNTOWN SANTA
MONICA
3.H. Downtown Santa Monica, Inc. FY 2018-19 Budget and Work
Plan, was approved.
Recommended Action
Staff recommends that the City Council approve the Downtown Santa
Monica, Inc. budget and work plan for Fiscal Year 2018-19.
6 June 26, 2018
SANTA MONICA
TOURISM MARKETING
DISTRICT
3.I. Santa Monica Tourism Marketing District FY 2018-19 Budget
and Work Plan, was approved.
Recommended Action
Staff recommends that the City Council receive and approve the Santa
Monica Tourism Marketing District’s Fiscal Year 2018-19 Budget and
Work Plan.
SOCIAL WORKER 3.J. Award of Contract for Licensed Clinical Social Worker, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #176 to Dorothy Berndt, a California-based Licensed
Clinical Social Worker (LCSW), to connect at -risk tenants with
local services to help keep them housed.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10705 (CCS) with Dorothy Berndt, in an amount not to exceed
$53,000 (including a $3,000 contingency) for one year, with two
additional two-year renewal options in the amount of $212,000, on
the same terms and conditions, for a total amount not to exceed
$265,000 over a five-year period, with future-year funding
contingent on Council budget approval.
TIRE PURCHASE 3.K. Bid Award for the Purchase of Medium- and Heavy-Duty Tires,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4349 to Daniels Tire Service, a California-based
company, for the purchase and delivery of miscellaneous new and
recapped medium- and heavy-duty tires, and related services; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 10706 (CCS) with Daniels Tire Service in an amount not to
exceed $172,500 (including a 15% contingency) for one year, with
four additional one-year renewal options in the amount of $690,000,
at an additional increase, based on the consumer price index, per
year, for a total amount not to exceed $862,500 over a five-year
period, with future year funding contingent on Council budget
approval.
TRAFFIC SUPPLIES 3.L. Award Bid for Traffic Signs and Supplies, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4312 to Safeway Sign Company, Safety Network
7 June 26, 2018
Traffic Signs, Inc., and Maneri Sign Co., Inc., all California-based
companies, for the purchase and delivery of traffic signs and
supplies;
2. Authorize the Purchasing Services Manager to issue a purchase order
with Safeway Signs Company for the purchase and delivery of
traffic signs and supplies in the amount not to exceed $85,000 for
one year, with four additional one-year renewal options and a price
increase of 10% annually.
3. Authorize the Purchasing Services Manager to issue a purchase order
with Safety Network Traffic Signs, Inc. for the purchase and
delivery of traffic signs and supplies in the amount not to exceed
$15,000 for one year, with four additional one-year renewal options
and a price increase of 7% annually.
4. Authorize the Purchasing Services Manager to issue a purchase order
with Maneri Sign Company, Inc. for the purchase and delivery of
traffic signs and supplies in the amount not to exceed $50,000 for
one year, with four additional one-year renewal options and a price
increase of 5% annually.
DISPOSABLE GLOVES 3.M. Bid Award for the Purchase of Disposable Microflex Gloves
Citywide, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4356 to Bound Tree Medical, an Ohio-based company,
for the purchase and delivery of Microflex disposable gloves to be
used by staff citywide;
2. Authorize the Purchasing Services Manager to issue annual
purchase orders with Bound Tree Medical, for the purchase and
delivery of Microflex disposable gloves for a total amount not to
exceed $720,000 over a five-year period, with future funding
contingent on Council budget approval.
SANTA MONICA PIER
CORPORATION
3.N. Santa Monica Pier Corporation Fiscal Year 2018-19 Budget and
Work Plan, was approved.
Recommended Action
Staff recommends that the City Council approve the Santa Monica Pier
Corporation Fiscal Year 2018-19 Budget and Work Plan.
DATA MANAGEMENT 3.O. Award RFP #169 for Outcomes Design and Data Management
Solutions, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 169 to Canavan Associates, a Massachusetts-based
8 June 26, 2018
company, for redesign of performance measures and outcomes and
implementation of a data management system for human services
programs.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10707 (CCS) with Canavan Associates for a total amount not to
exceed $395,000 over a 3-year period, with future year funding
contingent on Council budget approval.
CLOSED CIRCUIT TV
EQUIPMENT
3.P. Installation and maintenance of Closed Circuit Television
Camera (CCTV) equipment for the Police Department over a five year
period, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 151 to Convergint Technologies, LLC, a California-
based company for installation and maintenance of CCTV
equipment.
2. Authorize the City Manager to negotiate and execute Agreement No.
10708 (CCS) with Convergint Technologies, LLC for installation of
CCTV equipment in an amount not to exceed $1,500,000 over a
five-year period with future funding contingent on Council approval.
3. Authorize the City Manager to negotiate and execute Agreement No.
10709 (CCS) with Convergint Technologies, LLC for maintenance
and repair of CCTV equipment in an amount not to exceed $500,000
over a five-year period with future funding contingent on Council
approval.
PARKING CITATION
SOFTWARE
3.Q. Parking Citation Software Issuance System for the Police
Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 160 to Conduent State & Local Solutions, Inc., a
Maryland-based company for a Parking Citation Issuance software
system.
2. Authorize the City Manager to negotiate and execute Agreement No.
10710 (CCS) with Conduent State & Local Solutions, Inc. for a
Parking Citation Issuance software system in an amount not to
exceed $225,000 over a five-year period with future funding
contingent on Council approval.
RECREATION CLASSES 3.R. First Modifications to Contract # 4193 with Super Soccer Stars
and # 4154 with Diana Albarracin for Specialty Recreation Classes and
Camps, was approved.
Recommended Action
9 June 26, 2018
Staff Recommends that the City Council
1) Authorize the City Manager to negotiate and execute a first
modification to Agreement No. 10711 (CCS) in the amount of
$75,573 with Diana Albarracin a California-based company, for
recreational services. This will result in a 2 year amended
agreement with a new total amount not to exceed $250,573 with
future year funding contingent on Council budget approval; and,
2) Authorize the City Manager to negotiate and execute a first
modification to Agreement No. 10712 (CCS) in the amount of
$209,259 with Super Soccer Stars Corporation a California-based
company, for recreational services. This will result in a 2 year
amended agreement with a new total amount not to exceed
$384,259 with future year funding contingent on Council budget
approval.
CONTINUED ITEMS:
COSTA-HAWKINS ACT
Councilmember O’Day
arrived at 7:23 p.m.
5.A. Request of Councilmembers McKeown and Himmelrich that
Council authorize staff to explore appropriate local responses to the
possible statewide repeal of the Costa-Hawkins Act, and ways in which
our community might capture a portion of rent windfalls to support
hardship renters and fund affordable housing, was presented.
Members of the public Dennis Zane, Michael Soloff, spoke generally in
favor of the recommended action.
Members of the public Brian Harmon, Pat Cramer, James Masi, Art
Casillas, Chris Harding, Janet Gagnon, Paula Larmore (time donated by
Kevin Kozal), Dave Rand, and Rosario Perry spoke generally in opposition
to the recommended action.
Questions asked and answered of staff included: what happens if Costa-
Hawkins is repealed; if Costa-Hawkins is repealed, what happens to the
units once they are vacated; if the Charter amendment is not placed on the
November 2018 ballot, what other options would the Rent Control board
have to create an Administrative solution to stabilize the housing market;
who has the authority to make decisions for renters, is it the Rent Control
Board or the City Council; is new construction exempted under current
Rent Control law and does repealing Costa-Hawkins change that; if a
Charter amendment is placed on the ballot, wouldn’t that place the
authority to the City Council; if the repeal of Costa-Hawkins happens, will
the rent control rates roll back to 1978; how would Rent Control administer
this program; in addition to the base date, could the Rent Control Board be
given the authority to establish threshold rates for vacant units so that they
could be adjusted to the new minimum; and, with two proposed ballot
measures (tax and charter amendment), what happens if one passes, and
one does not, and, what is the contingency plan for if that happens.
10 June 26, 2018
Considerable discussion ensued on topics including, but not limited to
needing to establish at least a base date to protect existing tenants; address
the 6,000 to 7,000 units that have never been decontrolled since 1979;
protection if this happens to those units that will allow us to give people
who own buildings in which those units exists, incentives to get higher
rents on other units, but to keep those units and fill them with people who
are on the current list and who need affordable housing, this way it will
keep those people in those units, and not Ellised out; have community
discussion, and take the time to see what happens on the state level before
moving forward; some of the unintended consequences include, concern
about what effect this would have on new development; what’s the effect
on neighborhood preservation; what would be the impact on other
revenues; and, there is not enough time to thoroughly examine the impacts
of placing this matter on the November 2018 ballot.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve the staff recommendation and direct staff to
include establishing a new minimum base date for Rent Control, and look
at the suggestions provided by Santa Monicans for Renters Rights.
Councilmember McKeown, clarified his motion by restating that staff
should explore very specifically the “clean fix” and to also look at other
options including doing nothing, and the SMRR proposal.
Councilmember McKeown, proposed an amendment to his original motion
to, hold off on the recommendation to explore different options including
the SMRR proposal, and doing nothing. And to make the motion to direct
staff to determine the best way to move the base date from 1978 to 2018, at
some date certain, prior to beginning of the discussion, such that it gives
housing providers the certainty that they are not going to suffer the
rollbacks, and renters the certainty that if Costa-Hawkins repeal passes, it
won’t cause a wave of evictions under the Ellis Act all over Santa Monica.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to ask staff to study the Santa Monica for Renters Rights
proposal and come back in the fall with a progress report and wait until the
beginning of next year an initial discussion and possible policy analysis.
11 June 26, 2018
ORDINANCES:
SHARED MOBILITY
DEVICES
7.A. Second Reading and Adoption of Ordinance No. 2578 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE CHAPTER 3.21 ESTABLISHING A SHARED MOBILITY
DEVICE PILOT PROGRAM AND RELATED PERMITTING AND
OPERATOR SELECTION PROCESS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O’Day, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O’Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
ELECTIONS CODE 7.B. Second Reading and Adoption of Ordinance No. 2579 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SECTIONS 11.04.040 AND
11.04.050 OF THE CITY ELECTIONS CODE TO MAKE A CLERICAL
CORRECTION AND TO UPDATE LIMITS ON CAMPAIGN
CONTRIBUTIONS TO CITY CANDIDATES”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember McKeown, seconded by Councilmember
O’Day, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
STAFF
ADMINISTRATIVE
ITEMS:
CHARTER AMENDMENT
8.A. Proposed Ballot Measure Amending the City Charter to
Require a Super-Majority Council Vote to Amend the Land Use and
Circulation Element or the Downtown Community Plan to Increase
Permitted Heights or Floor Area Ratios, was presented.
Recommended Action
In accordance with previous Council direction, staff recommends that the
City Council adopt attached Resolution No. 11127 (CCS) (Attachment A)
12 June 26, 2018
Councilmember McKeown
excused at 9:39p.m.
Councilmember Vazquez
excused at 9:41 p.m.
entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE
AMENDING CITY CHARTER SECTION 615 TO REQUIRE THE
AFFIRMATIVE VOTES OF AT LEAST FIVE MEMBERS OF THE
CITY COUNCIL IN ORDER TO INCREASE THE MAXIMUM HEIGHT
OR LIMIT OR FLOOR AREA RATIO SPECIFIED IN ANY LAND USE
DESIGNATION IN THE LAND USE AND CIRCULATION ELEMENT
OF THE GENERAL PLAN OR THE DOWNTOWN COMMUNITY
PLAN.”
Members of the public Jerry Rubin, Carey Upton, Andrew Hoyer, Jonathan
Foster, and Paula Larmore, and Carl Lisberger spoke on the recommended
action.
Considerable discussion ensued on topics including, but not limited to; that
this will create a divisive development measures on the ballot; the super-
majority requirement is undemocratic; opposition to this measure
addressing only increases, not decreases in heights; and, requiring a super-
majority will produce better projects.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to adopt the staff recommendation.
Mayor Winterer proposed a friendly amendment to ask when a vote on an
amendment covered by this provision, that it may only be taken when all
members of the City Council eligible to vote are present.
The motion was approved, with amendments by the following vote:
AYES: Councilmembers Himmelrich, Vazquez, McKeown,
Mayor Winterer
NOES: Councilmember O’Day, Mayor Pro Tem Davis
ABSENT: Councilmember O’Connor
Councilmember McKeown recused himself from the vote due to a possible
conflict because he works for the school district.
Councilmember Vazquez recused himself from the vote due to a possible
conflict because his wife is a member of the school district.
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
include language in the ballot language to exempt the school district land
from the super-majority provision.
13 June 26, 2018
The vote was approved by the following vote:
AYES: Councilmembers Himmelrich, Mayor Pro Tem Davis, O’Day.
Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, Vazquez, O’Connor
Deputy City Attorney Shin read the changes to the resolution and the
Charter into the record as follows:
The Measure: Adds the language at least five members of the City Council
and the presence of all members of the City Council eligible to vote on the
amendment. And at the end of the proposition, adding the phrase “and
development projects on property owned by the Santa Monica-Malibu
Unified School District.”
The Charter language: at the end of the first sentence, which previously
concluded with the words Section 9.52.020 of the Zoning Ordinance,
adding “and development projects owned by the Santa Monica-Malibu
Unified School District or successor school district in the City of Santa
Monica.” Also being included is the sentence, “A vote on an amendment
covered by this provision may only be taken by all members of the City
Council eligible to vote are present.”
Mayor Winterer and Councilmember Vazquez agreed to prepare the
Argument and Rebuttal for the ballot measure on behalf of the City
Council.
LABOR PEACE
AGREEMENT
8.B. Labor Peace Agreements for Food-Service Operators on City-
Owned Properties, was presented.
Recommended Action
Staff recommends that the City Council consider whether the model of the
San Francisco Airport Labor Peace/Card Check policy is responsive to
Council’s October 2017 direction to develop new Labor Peace policy
provisions for the City’s food service leases (subject to setting thresholds
for exempting various subcategories of those leases from an LPA
requirement).
Members of the public Jerry Rubin, spoke generally in favor of the
recommended action.
Members of the public Hunter Hall, Janet Fernandez, Alma Maldonado,
Viva de Vica, Peter Warda, Matt Sutton, Matt Stauffer, Laurel Rosen, Peter
Gruning, Peter Trinh, Lynne Thomas, Robert Kull, Jeff Klocke, West
Hooker-Poletti, Dan Thomas, John Clarizio, Garrett Gerson, Jim Christel,
14 June 26, 2018
Richard Chacker, Fred Deni, Andrew Hoyer, Zina Josephs, Matt Miller,
Michael Myers, Lynn Dickinson, Elizabeth Hansen, Gigide Pourlales, and
Jesse Switzer spoke generally in opposition to the recommended action.
Questions asked and answered of staff included: why was the San
Francisco template used instead of the template being used by the
School district; the 9th Circuit approved the LAX version, is it true that this
is being sent to the Supreme Court; is it true that the Labor Peace language
currently in contracts is unenforceable; are there provisions in the airport
Labor Peace agreements that would not apply to city owned properties;
what are the differences between the airport and the city having labor
agreements (marketing vs. revenue); how many businesses are flat rate
versus percentage; considering so many of these workers perform a variety
of work, how many labor unions would be involved in this; what is the
range of number of employees; what are the revenues received; what
should be the point for exemptions; how many restaurants are under lease
with the city currently; how many food operators are there throughout the
city; and, does labor peace require you to be a member of a union.
Considerable discussion ensued, but not limited to: protecting local
businesses from selling out to large chain restaurants in order to sustain
having unions, there is a current Labor Peace in all of the local agreements;
in order to have more local businesses, you have to provide incentives; and,
is there anything that the city can do with Labor Peace to protect local
businesses.
Motion by Councilmember McKeown to adopt the school district language
for handling the Labor Peace Agreement and come up with a phrase to
replace “arbitrary and capricious.” Suggested language included, “The
arbitrator/mediator can invalidate the proposed LPA if it would threaten the
viability of the endeavor and the revenue for the city.” The motion failed
for a lack of a second.
Motion by Mayor Winterer, seconded by Councilmember McKeown, to
continue with the existing Labor Peace Policy in leases, to direct staff to
begin to negotiate new leases with those tenants on city land with food and
beverage service, businesses that have been on month to month leases and
are seeking to renew or extend those leases, and that direction be given to
staff to look at the city’s leasing policy to see if there are other tools besides
the ones that have been presented to give greater protection to workers and
to ensure in the event of any work stoppages or other actions that the city’s
revenues are better protected.
Staff suggested a modification to the motion to include, begin negotiations
to initiate the RFP process, which will subsequently lead to lease
negotiations. The modifications was considered friendly to the maker and
15 June 26, 2018
seconder.
The motion was unanimously approved by voice vote, with
Councilmember O’Connor absent.
COUNCILMEMBER
DISCUSSION ITEMS:
ANNUAL
APPOINTMENTS
13. COUNCILMEMBER DISCUSSION ITEMS
13.A. Annual Appointments to Boards and Commissions for terms
ending June 30, 2018, was continued to July 24, 2017.
Board/Commission No. of
Appts.
Term
Ending
Airport Commission
1 6/30/2022
Architectural Review Board 2 6/30/2022
Arts Commission
(Must reside or work in the City of Santa
Monica)
2 6/30/2022
Commission for the Senior Community 3 6/30/2022
Commission on the Status of Women 2 6/30/2022
Disabilities Commission
(One must be a person with a self-
identified disability)
3 6/30/2022
Downtown Santa Monica, Inc.
(Must live, work, own property, or hold a
business license in the City of Santa
Monica)
3 6/30/2022
Housing Commission 2 6/30/2022
Landmarks Commission
(One appointment must be a local
historian. One appointment must be an
architect historian)
3 6/30/2022
Personnel Board 1 6/30/2023
Planning Commission 1 6/30/2022
Recreation and Parks Commission 2 6/30/2022
16 June 26, 2018
Santa Monica Library Board 2 6/30/2022
Santa Monica Travel & Tourism, Inc. 1 6/30/2021
Santa Monica Travel & Tourism, Inc. 3 6/30/2022
Social Services Commission 2 6/30/2022
UNSCHEDULED
VACANCIES
13.B. Appointment to two unscheduled vacancies on the Clean
Beaches Ocean Parcel Tax Citizens Oversight Committee for one term
ending 12/31/2018 and one term ending 12/31/2019, was continued to
July 24, 2018.
L.A. WORKS 13.C. Request of Mayor Winterer that the Council allocate $1,000 as
a matching grant to L.A. Works, a 501(c)3 non-profit that creates and
implements hands-on community service projects throughout the
greater Los Angeles area. The funds will go towards City event-related
costs for their “From Streets to Shelter” event on August 11th at
Clover Park. The event will bring together hundreds of corporate and
community volunteers to focus on the pressing issue of homelessness at
an engaging pop-up event, was presented.
Motion by Mayor Winterer, seconded by Councilmember O’Day, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers O’Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor absent
SANTA MONICA
MALIBU EDUCATION
FOUNDATION
13.D. Request of Councilmembers Himmelrich and Vazquez that the
Council allocate $22,000 to the Santa Monica Malibu Education
Foundation as startup funds for the implementation of a Mariachi
Education Program. The initial pilot program will begin at Edison
Elementary and will offer students an educational experience that
would expand their cultural awareness and promote a lifelong
appreciation for this genre of music, was presented.
Motion by Councilmember Vazquez, seconded by Councilmember
Himmelrich, to adopt the staff recommendation. The motion was approved
by the following vote:
17 June 26, 2018
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor absent
ELIGIBILITY
REQUIREMENTS
13.E. Request of Mayor Winterer and Mayor Pro Tem Davis and
Councilmember McKeown, to give direction to the City Attorney to
provide language for a potential Charter Amendment and Municipal
Code amendment to change eligibility requirements for the Senior
Commission, Airport Commission, Library Board, and Personnel
Board from “qualified electors” to “residents” to encourage civic
involvement by all our residents, as outlined in the June 15
Information Item, was presented.
Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to approve
the staff recommendation. The motion was approved by voice vote with
Councilmember O’Connor absent.
PUBLIC INPUT: Members of the public Denise Barton and Johnathan Foster commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:33 a.m. in
memory of Andrew Estefan Walton.
ATTEST: APPROVED:
Denise Anderson-Warren Ted Winterer
City Clerk Mayor
Ted Winterer (Nov 20, 2018)
Ted Winterer