Item 3-A

12/16/14

(NOT APPROVED)

 

CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

NOVEMBER 25, 2014

 

DECEMBER 9, 2014

 

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 Pam O’Connor

                                                     Mayor Pro Tem 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 Tem O’Day, Councilmember Holbrook, and Councilmember Winterer absent.  Councilmember Vazquez led the assemblage in the Pledge of Allegiance.

 

 

CLOSED SESSIONS

Councilmember Holbrook arrived at 6:15 p.m.

 

Mayor Pro Tem O’Day arrived at 7:19 p.m.

There was no one present for public comment on closed sessions.   

 

On order of the Mayor, the City Council recessed at 5:46 p.m., to consider closed sessions and returned at 7:21 p.m., Councilmember Winterer absent, to report the following:

 

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-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 Tem 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. City 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.     

 

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 ITEMS:

2-A:     Energy Partnership Award Presentation by SoCal Edison, was presented.

 

2-B:     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, Mary Marlow (donated time by Carol Lansberg), Lois Lambert (donated time by Richard Cohn), 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-O 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-O, 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

 

 

MINUTES

3-A:     The minutes for the November 11, 2014, City Council meeting, were approved.

 

 

TRAFFIC MANAGEMENT CENTER STAFFING

3-B:     Professional Services Agreement Modification for Traffic Management Center Staffing PSA Modification for Traffic 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 IMPROVEMENT PROJECT

3-C:     Modification for the Big Blue Bus Bus-Stop Improvement Project – recommendation to: 1) Authorize the City Manager to negotiate 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 CONSERVATION

CAMPAIGN

3-D:     Water Conservation Communication and Behavior Change Campaign – recommendation to authorize the City Manager to negotiate 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 CANCELLATION

3-E:     Cancellation of a regular Council meeting scheduled for Tuesday, December 23, 2014, due to a lack of quorum, was approved.

 

 

ALCOHOLIC BEVERAGE CONTROL GRANT

3-F:     Department of Alcoholic Beverage Control (ABC) Mini Grant Program – recommendation to authorize the City Manager to accept a grant awarded in the amount of $10,700 from the California Department of Alcoholic Beverage Control (ABC) Mini Grant Program, and authorize budget changes, was approved.

 

 

WASTEWATER MAIN REPLACEMENT

3-H:     2014 Annual Wastewater Main Replacement Contract – 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 RECRUITMENT

3-L:     Agreement with Alliance Resource Consulting for City 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.

 

 

PARKS PROGRAM GRANT

3-M:    Acceptance of California Housing-Related Parks Program 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 INITIATIVE GRANTS

3-N:     Second Amendment to the 2011 Urban Area Security Initiative (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 ARTS CENTER

3-G:     Bergamot Station Arts Center Advisory Committee and 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 CONTRACT

3-I:      Award Custodial Services Contract for Various City Facilities – recommendation to Award Bid #4150 to Lee’s Maintenance Services, Inc., to provide custodial cleaning services at various City facilities in an amount 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.

 

 

RESIDENTS 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 Fairbank, 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

ABSENT:   Councilmember Winterer

 

 

STUDY SESSION:

HOMELESS INITIATIVES

4-A:     Homeless Initiatives Status Update – recommendation to review and comment on the status of regional and local homeless initiatives, was 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:

1112-1122 PICO BOULEVARD

7-A:     Second reading and adoption of Ordinance No. 2475 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE 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 Tem 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 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 Tem 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 Tem 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 Tem O’Day, Mayor O’Connor      

NOES:        None

ABSTAIN: Councilmember Holbrook

ABSENT:   Councilmember Winterer

 

 

STAFF ADMINISTRATIVE ITEMS:

TRANSIT TRANSFER ZONE

8-A:     Concept Design Approval for the Proposed Interim Use of the City-Owned Property at 4th Street and Colorado Avenue to Facilitate Expo Transit Connection – recommendation that the City Council approve the concept design and direct staff to proceed with schematic 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.

 

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 DISCUSSION ITEMS:

DISABILITIES COMMISSION

13-A:   Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2016, was presented.

 

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 Tem 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 Tem 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 Tem 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.

 

 

ADJOURNMENT

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