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