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m-052714CITY OF SANTA MONICA MAY 27, 2014 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:33 p.m., on Tuesday, May 27, 2014, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tern Terry O'Day Councilmember Gleam Davis (arrived at 5:45p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez Councilmember Ted Winterer Absent: Mayor Pam O'Connor Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:33 p.m., with all members present excepting Councilmember Davis and Mayor O'Connor. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented closed sessions. On order of the Mayor Pro Tem, the City Council recessed at 5:35 p.m., to consider closed sessions and returned at 6:32 p.m., with Mayor O'Connor absent, to report the following: 1 -A: Conference with Labor Negotiator. City Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Administrative Team Associates (ATA) SM Fire Executive Management Association (FEMA) SM Firefighters Local 1109 IAFF (Fire) Municipal Employees Association (MEA) SM Police Officers Association (POA) Supervisory Team Associates (STA) California Teamsters Local 911 May 27, 2014 (Teamsters) United Transportation Union (UTU) The City Attorney advised this matter was heard and no reportable action was taken. 1 -B: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(4)(1): City of Santa Monica v. United States of America, et al., United States Court of Appeals for the Ninth District Case Number 14 -55583 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): Redden v. City of Santa Monica, Los Angeles Superior Court Case Number BC 545191 The City Attorney advised this matter was heard and no reportable action was taken. 1 -D: Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): State Farm v. City of Santa Monica, Los Angeles Superior Court Case Number BC 518 494 The City Attorney advised this item is an insurance subrogation matter arising from a claim of water damage resulting from a City water main break. The City Attorney recommended settlement in the amount of $25,000. Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve Settlement No. 9914 (CCS), as recommended by the City Attorney. The motion was approved by the following vote: AWES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor 2 May 27, 2014 SPECIAL AGENDA 2 -A: Grades of Green's Trash Free Lunch Challenge presentation, ITEMS: was presented to representatives of the Grades of Green organization. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Jerry Rubin, Zina Josephs, and Michael Millman commented on various Consent Calendar items. Motion by Councilmember McKeown, seconded by Councilmember 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: Counciimembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor HVAC REPLACEMENT 3-A: Award Construction Contract for City Hall HVAC PROJECT Replacement Project — recommendation to authorize the City Manager to negotiate and execute Contract No. 9907 (CCS) with Bon Air, Inc. in an amount not to exceed $871,200, for the City Hall HVAC Replacement, was approved. BID #4134 3 -13: Purchase of Sodium Hypochlorite — recommendation to award Bid #4134 to Olin Corporation dba Olin Chlor Alkali Products, in an amount not to exceed $133,000 for the purchase and delivery of sodium hypochlorite for fiscal year 2014 -15, with two additional one -year renewal options for a total amount not to exceed $440,230 over a three -year period, with future year funding contingent on Council budget approval, was approved. UNLIMITED RIDE 3 -C: Big Blue Bus Unlimited Ride Transit Program with Santa TRANSIT PROGRAM Monica College — recommendation to authorize the City Manager to negotiate and execute an agreement to renew the "Any Line, Any Time" unlimited ride transit program between the Big Blue Bus and Santa Monica College (SMC) for a three -year term covering the period July 1, 2014 through June 30, 2017. SMC will reimburse the Big Blue Bus for transit services in the amount of $ 4,213,753 over the three year term, and appropriate the budget increases, was approved. SEISMICALLY 3 -D: Agreement with Engineering consultant to identify seismically HAZARDOUS hazardous buildings in the city — recommendation to authorize the City BUILDINGS Manager to negotiate and execute professional services Agreement No. 9908 (CCS) with Degenkolb Engineers, in an amount not to exceed 3 May 27, 2014 $91,524 to assist the City in the identification of buildings that are potentially hazardous during and after a seismic event, was approved. PROPOSAL #22814 3 -E: Purchase of Plastic Refuse/Recycling Bins — recommendation to award proposal #22814 to Ball, Bounce and Sports, Inc., in an amount not to exceed $50,000 for FY 2013 -14 for the purchase of 2, 3 and 4 -yard plastic refuse /recycling bins, with two one -year options to renew for a total award amount not to exceed $950,000 over a three -year period, with future year funding contingent upon Council budget approval, was approved. PURCHASE ORDER 3 -F: Purchase Order Increase for Big Belly /Smart Belly Dual #22967 Compactor — recommendation to approve a change order to purchase order #22967 OF in the amount of $45,700 with Waxie Sanitary Supply, for purchase and delivery of additional Big Belly /Smart Belly dual compactors, resulting in a three -year amended purchase order with a new total amount not to exceed $345,700, with future year funding contingent on Council budget approval, was approved. LOCAL WELLBEING 3 -G: Modification to agreement for the development of the Local INDEX Wellbeing Index — recommendation to authorize the City Manager to negotiate and execute a first modification to Contract No. 9837 (CCS), with RAND Corporation, in an amount not to exceed $90,000 for a total contract amount of $740,000 to provide for additional scope of work for the development of the Local Wellbeing Index, was approved. RETEN'T'ION SCHEDULE 3 -H: Adopt Resolution No. 10807 (CCS) entitled "A Resolution Of The City Council Of The City Of Santa Monica Approving A Revised City -Wide Records Retention Schedule ", was approved. ONLINE BIDDING 3 -I: Modification to Contract for Maintenance and Product Support Services — recommendation to authorize the City Manager to negotiate and execute Contract No. 9909 (CCS) with PlanetBids Incorporated, in the amount of $25,611 with a one year option to renew for $26,891 to provide maintenance and product support services for the online bidding site, resulting in a nine year amended agreement with a new total amount not to exceed $212,323, with future year funding contingent on Council budget approval, was approved. MEMORIAL PARK 3 -J: Environmental Consulting Service Contract for the Memorial NEIGHBORHOOD PLAN Park Neighborhood Plan — recommendation to authorize the City Manager to negotiate and execute Contract No. 9910 (CCS) with AMEC Environment & Infrastructure, Inc., in an amount not to exceed $378,000 for environmental consulting services related to the Memorial Park Neighborhood Plan, with future year funding contingent on Council approval and budget adoption, was approved. 4 May 27, 2014 CAR SHARE PROGRAM 3 -K: Withdraw Pilot Car Share Program Selection — recommendation to withdraw authorization to negotiate and execute a contract with Hertz Corporation for a pilot car share program in the City of Santa Monica, and direct staff to initiate a request for proposals in order to obtain new proposals for the Pilot Car Share Program, was approved. CNG VEHICLES 3 -L: Contract to Purchase Three Heavy -Duty Compressed Natural Gas (CNG) Vehicles and the Installation of a Small CNG Station — recommendation to authorize the City Manager to negotiate and execute Contract No. 9911 (CCS) with the South Coast Quality Management District (SCAQMD), to receive matching grant funds in the amount of $149,925 for the purchase of three heavy -duty CNG vehicles and the installation of a small time -fill CNG station, was approved. INTERNET TELEPHONY 3 -M: Modification to Contract for Internet Telephony Service — SERVICE recommendation to authorize the City Manager to negotiate and Contract 9912 (CCS) with Windsteam, in the amount of $85,630 to provide citywide Internet telephony service, with two additional one -year renewal options in the amount of $69,145, resulting in a five year amended contract with a new total amount not to exceed $322;920, with future year funding contingent on Council budget approval, was approved. MINUTES 3 -N: Approval of minutes of May 13, 2014 City Council meeting, were approved. STUDY SESSION: 4 -A: Financial Status Update FY 2014 -15 Proposed Budget, and FY FINANCIAL STATUS 2014 -16 Proposed Biennial CIP Budget — recommendation that the City UPDATE Council: 1) Receive the FY 2013 -14 through 2017 -18 Financial Status Update; 2) Review and provide direction to staff regarding the FY 2014 -15 Proposed Budget and FY 2014 -16 Proposed Biennial Capital Improvement Program (CiP) budget, 3) Review and provide direction to staff on rescinding the current fee waiver for seismic retrofit plan check and building permits; and 4) Direct staff to proceed with setting the FY 2014 -15 Budget Adoption hearing on June 24, 2014, was presented. Members of the public Denise Barton, Jerry Rubin, Jeanie Baruch, Marc Abraham (donated time by Michael Alemania), Susan Rosenthal, Roger Hill, Jordan Posell, Fiona Posell, Sara Martinson, Peter Rote, Judith Rothman, Joshua Rosenfeld, Harold Martinson and John Rhyne. Considerable discussion ensued on topics including, but not limited to biking plans, the Expo bike lane, traffic issues on Berkeley Street, and pool repair. Motion by Councilmember Winterer, seconded by Councilmember Vazquez, to adopt the staff recommendation with direction to modify the 5 May 27, 2014 ordinance rescinding the current fee waivers for seismic retrofitting. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor Staff direction was provided. ORDINANCES: 7 -A: Second reading and adoption of an Ordinance No. 2457 (CCS) LIVING WAGE entitled, "An Ordinance Of The City Council Of The City Of Santa Monica Amending Santa Monica Municipal Code Section 4.65.010 To Increase The Living Wage ", was presented. Motion by Councilmember Davis, seconded by Councilmember Vazquez, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Cormcilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor BUSINESS 7 -B: Second reading and adoption of Ordinance No. 2455 (CCS) REGULATIONS AND entitled, "An Ordinance Of The City Council Of The City Of Santa POLICE PERMITS Monica Amending Santa Monica Municipal Code Articles Iv And Vi Relating To Regulatory Restrictions On Business Activities, Business Permitting Requirements, License Tax Upon Retailers And Business Use Tax ", was presented. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmernbers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor O'Connor SPEED LIMITS 7 -C: Introduction for first reading an ordinance of the City Council of the City of Santa Monica establishing speed limits for certain City streets pursuant to the California Vehicle Code and amending the Santa Monica Municipal Code section 3.12.490, was presented. 6 May 27, 2014 Member of the public Michael Cahn spoke generally in opposition to the recommended action. Motion by Councilmember Winterer, seconded by Councilmember Davis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor STAFF 8 -A: Approval of the Santa Monica All hazards Mitigation Plan — ADMINISTRATIVE recommendation that City Council approve the updated Santa Monica All ITEMS: Hazard Mitigation Plan. ALL HAZARDS MITIGATION PLAN There were no members of the public present for public comment. Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor EXPOSITION METRO 8 -B Recommendation to authorize the City Manager to negotiate LINE and execute Memorandum of Understanding (MOU) No. 9913 (CCS) with the Los Angeles County Metropolitan Transportation Authority (Metro) and the Exposition Metro Line Construction Authority (Construction Authority) regarding train operation on City streets, was presented. Members of the public Denise Barton spoke generally in opposition to the recommended action. Motion by Councilmember Vazquez, seconded by Councilmember Winterer, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tem O'Day NOES: None ABSENT: Mayor O'Connor 7 May 27, 2014 RESOLUTIONS: 11 -A: Amendment of Preferential Parking Zone MM — PREFERENTIAL recommendation to amend the regulations to "2 hour parking between 9 PARKING a.m, and 6 p.m. daily and No Parking between 6 p.m. and 9 a.m. daily" for Preferential Parking Zone MM for the following blocks: Bay, Grant, Pacific and Pearl Streets between Lincoln Boulevard and 10"' Street; and to adopt Resolution No. 10808 (CCS) entitled, "A Resolution Of The City Council Of The City Of Santa Monica Amending Preferential Parking Zone MM And Amending Resolution 9344 "Preferential Parking Zones" CCS By Replacing Exhibit A, was presented. Members of the public Brian Moss and Ken Ward spoke generally in favor of the recommended action. Members of the public Anne Harrington, Will Longyear, Tristan Hall, Eric Teeza (donated time by Alex Shu), and Ken Ward spoke generally in opposition to the recommended action. Discussion ensued on topics including employee permits and parking unbundling. Motion by Couneihnember McKeown, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis NOES: Councilmember Vazquez, Mayor Pro Tern O'Day ABSENT: Mayor O'Connor Staff direction was provided. COUNCILMEMBER 13 -A: Request of Mayor O'Connor and Councilmembers McKeown DISCUSSION ITEMS: and Winterer that the Council oppose California Assembly Bill 2145, ASSEMBLY BILL 2145 which would modify the rules for Community Choice Aggregation (CCA) that allow communities to use their collective buying power to purchase renewable power contracts, using the existing electrical grid. AB 2145 would change CCAs in California from "opt -out" systems and instead require individual residents to "opt -in," making it much harder for cities such as Santa Monica to attain carbon emission goals, was presented. There were no members of the public present to speak on this item. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to adopt the requested action. The motion was approved by the following vote: May 27, 2014 AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez NOES: None ABSTAIN: Mayor Pro Tern O'Day ABSENT: Mayor O'Connor Mayor Pro Tern O'Day stated that he abstained because he is in the energy business working for an energy company and prefers not to be on the record on legislation that is pending before the state legislature affecting the industry. SUMMER SOULSTICE 13 -B: Request of Councilmember Winterer that the Council allocate $4,000 from the Council's contingency account to support the Main Street Business Improvement District's 2014 Summer SOULstice event, which has a total event budget of approximately $32,000, was presented. Members of the public Gary Gordon spoke generally in support of the recommended action. Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt the requested action. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor Pro Tam O'Day NOES: None ABSENT: Mayor O'Connor SANTA MONICA 13 -C: Request of Councilmembers Davis and Winterer that the SCIENCE MAGNET Council allocate $3000 of discretionary funds to Santa Monica Science Magnet, a 501(c)3 non - profit parent association, to provide financial assistance to income - qualified students attending the John Adams Middle School science trip to Tokyo, Mt. Fuji, Kyoto/Kizugawa and Fujinomiya (sister city to Santa Monica) in July, 2014. JAMS Principal Steve Richardson will determine individual financial need and allocate the funds accordingly, was presented. Members of the public David Whatley spoke generally in support of the recommended action. Motion by Councilmember Winterer, seconded by Councilmember Davis, to adopt the requested action. The motion was approved by the following vote: 9 May 27, 2014 AYES: Councihnembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor Pro Tern O'Day NOES: None ABSENT: Mayor ffConnor PUBLIC INPUT: Members of the public Denise Barton, Johnathan Foster, Art Casillas and David Whatley commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:50 p.m. in memory of Murray Gould, Lindsey Miller, and Erik Thorson. ATTEST: APPROV Sarah P. Gorman Terry O'Day City Clerk Mayor Pro Tern 10 May 27, 2014