m20150127CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 27, 2015
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:32 p.m., on
Tuesday, January 27, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez
Councilmember Sue Himmelrich
Councilmember Pam O'Connor
Councilmember Terry O'Day
Councilmember Ted Winterer
Absent: Councilmember Gleam Davis
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 5:32 p.m., with
Councilmember Davis absent. Councilmember O'Connor led the assemblage
in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
closed sessions and returned at 6:39 p.m., with Councilmember Davis 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): 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 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): Hartley et al. v. Santa Monica City Council, State of
California Court of Appeal, Second Appellate District Case Number B258
982
January 27, 2015
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): Redden 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.
SPECIAL AGENDA ITEMS: 2 -A: Retiring City Manager Rod Gould, was recognized by the Mayor and
City Councilmembers.
Members of the public Darrell Goode and Rick Thorpe commented on the item.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Members of the public Denise Barton and Mary Marlow commented on various
Consent Calendar items.
At the request of Councilmember O'Day, Item 3 -G was removed from the
Consent Calendar.
At the request of Councilmember Winterer, Item 3 -13 was removed from the
Consent Calendar.
At the request of Councilmember Himmelrich, Item 3 -F was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern
Vazquez, to approve the Consent Calendar except for Items 3 -B, F, and
G, reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Himmelrich, Winterer, O'Day, O'Connor,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Davis
MINUTES 3 -A: Approval of minutes for the May 14, 2013, April 8, 2014 and, January
13, 2015 City Council meetings were approved.
BIG BLUE BUS FUEL AND 3 -C: Professional Services Agreement for the Big Blue Bus Fuel and
WASH UPGRADE Wash Upgrade Project — recommendation to: award Request for Proposals
(RFP) #SP2371 to RNL Interplan, Inc.; authorize the City Manager to negotiate
and execute professional services Agreement No. 10019 (CCS) with RNL
2 January 27, 2015
Interplan, Inc. in an amount not to exceed $117,282 to provide design services
for the BBB Fuel and Wash Upgrade Project; and, authorize any necessary
modifications to complete additional work within budget authority, was
approved.
SAN VICENTE EMERGENCY 3 -D: Award Construction Contract and Inspection and Testing Contract
GE NERATOR PROJECT for San Vicente Emergency Generator Project — recommendation to: 1)
Award Bid #SP2212 to Cora Constructors, Inc., and authorize the City Manager
to negotiate and execute Contract No. 10020 (CCS) in an amount not to exceed
$1,744,205 for construction of the San Vicente Emergency Generator Project;
2) Award Request for Qualifications (RFQ) #SP2212 to CivilSource, Inc., and
authorize the City Manager to negotiate and execute Contract No. 10021 (CCS)
in an amount not to exceed $147,342 for inspection and testing services for the
San Vicente Emergency Generator Project; and authorize any necessary change
orders to complete additional work within contract authority, was approved.
PARA - TRANSIT BUSES 3 -E: Furnish and Deliver two Cutaway Para - Transit Buses —
recommendation to authorize a purchase order with Creative Bus Sales, for the
purchase of two Compressed Natural Gas (CNG)- powered transit cutaway
buses. This sole source purchase utilizes the Morongo Basin Transportation
Authority (MBTA) /CalAct cooperative bid #11 -03, in an amount not to exceed
$187,666, was approved.
STORMWATER REUSE 3 -H: Grant Applications for Stormwater Reuse — recommendation that
City Council: 1) Adopt Resolution No. 10857 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO CALIFORNIA STATE WATER RESOURCES CONTROL
BOARD CLEAN BEACHES INITIATIVE GRANT PROGRAM
AGREEMENTS FOR THE SANTA MONICA CLEAN BEACHES PROJECT,
AND ANY AMENDMENTS THERETO'; 2) Adopt Resolution No. 10858
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES WATER - ENERGY GRANT
AGREEMENTS FOR THE CITY OF SANTA MONICA WATER - ENERGY
PROJECT, AND ANY AMENDMENTS THERETO "; and, 3) Authorize the
City Manager to execute all necessary documents to apply for both grants,
accept grants, if award, and accept all grant renewals, if awarded; and, authorize
budget changes, including the commitment of local match funding as outlined,
in the event that the grants are awarded, was approved.
CALIFORNIA INCLINE 3 -I: Award Construction Contract for the California Incline Bridge
BRIDGE Replacement Project — recommendation to: 1) award Bid #SP2059 and
authorize the City Manager to negotiate and execute Contract No. 10025 (CCS)
for the California Incline Bridge Replacement Project to MCM Construction,
Inc., in an amount not to exceed $15,690,211; 2) authorize the City Manager to
negotiate and execute a seventh modification to Professional Services
Agreement No. 7148 (CCS) in the amount not to exceed $300,000 with
Wallace, Roberts & Todd, for Engineer of Record (technical support) services
January 27, 2015
during the construction of the California Incline Bridge Replacement Project,
resulting in an amended agreement with a new total amount not to exceed
$2,767,202; 3) authorize any necessary change orders to complete additional
work within budget authority; and 4) appropriate budget increases, was
approved.
DEVELOPMENT 3 -B: Annual Development Agreement Compliance Review —
COMPLIANCE REVIEW recommendation that the City Council: review the status of Development
Agreement compliance, and determine good faith compliance for those that are
in compliance, was presented.
Councilmember Winterer advised that he removed the item for information
about the Agensys Development Agreement.
Motion by Councilmember Winterer, seconded by Councilmember O'Day, to
adopt the staff recommendation. The motion was approved by the following
vote:
AYES: Councihnembers Ummelrich, Winterer, O'Day, O'Connor,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Davis
COLORADO ESPLANADE 3 -F: Award Construction Contract and Construction Management
Services Agreement for the Colorado Esplanade Streetscape Improvement
Project — recommendation to: 1) Award Bid 4SP2217 and authorize the City
Manager to negotiate and execute Contract No. 10022 (CCS) with All
American Asphalt in an amount not to exceed $13,286,900, for the construction
of the Colorado Esplanade Streetscape Project; 2) Award Request for Proposal
(RFP) #SP2217 and authorize the City Manager to negotiate and execute
professional services Agreement No. 10023 (CCS) with MNS Engineers, Inc. in
an amount not to exceed $500,000 for construction management services for the
Colorado Esplanade Streetscape Project; and, authorize any necessary change
orders to complete additional work within budget authority, was presented.
Councilmember Himmelrich advised that she removed the item for information.
Motion by Councilmember Himmelrich, seconded by Councilmember O'Day,
to adopt the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Himmelrich, Winterer, O'Day, O'Connor,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Davis
MICHIGAN AVENUE 3 -G: Award Construction Contract for the Michigan Avenue Traffic
TRAFFIC CIRCLES PROJECT Circles Project — recommendation to: Award Bid #SP2348, and authorize the
City Manager to negotiate and execute Contract No. 10024 (CCS) with El
Camino Construction & Engineering Corporation, in an amount not to exceed
January 27, 2015
$357,148 for the construction of the Michigan Avenue Traffic Circles Project;
and authorize budget increases, was presented.
Councitrnember O'Day was Councilmember O'Day advised that he removed the item in order to recuse
excused from the meeting at 7:29 himself from the item.
p.m.
Motion by Councilmember Himmelricb, seconded by Councilmember
Winterer, to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmembers Davis, O'Day
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2479 (CCS)
WATER CONSERVATION entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
Councilmember O'Day returned to OF SANTA MONICA UPDATING CHAPTER 7.16 OF THE SANTA
the meeting at 7:30 p. in. MONICA MUNICIPAL CODE RELATED TO WATER
CONSERVATION," was presented.
Motion by Councilmember O'Connor, seconded by Councilmember Winterer,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Davis
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced respectively that
COMPENSATION Council will receive $50 for meeting as the Housing Authority, and no
compensation for meeting as the Redevelopment Successor Agency.
SPECIAL JOINT MI CIETING On order of the Mayor, the City Council convened to a special joint meeting
with the Housing Authority and the Redevelopment Successor Agency, with
Councilmember Davis absent.
STAFF ADMINISTRATIVE 8 -A: The minutes April 8 and October 28, 2014 Housing Authority
ITEMS: meetings, and the October 28, 2014 Redevelopment Successor Agency meeting,
MINUTES were presented.
No members of the public spoke on this item.
Motion by Councilmember /Commissioner /Aeencv Member Winterer, seconded
by Councilmember /Commissioner /Agency Member O'Connor, to approve the
Special Meeting minutes as presented. The motion was approved by a
unanimous voice vote, with all members present excepting
Councilmember /Commissioner /Agency Member Davis.
January 27, 2015
MID-YEAR BUDGET AND 8 -B: FY 2015 -16 through FY 2019 -20 Five -Year Financial Forecast; FY
FIVE YEAR FORECAST 2014 -15 Midyear Budget, Position and Compensation Changes; and
Parking Rates and Permit Fees for All City Parking Facilities and
Resources — recommendation: that the City Council, Housing Authority, and
Successor Agency to the Santa Monica Redevelopment Agency appropriate FY
2014 -15 midyear expenditure and revenue budget adjustments; also that the
City Council: 1) Review and comment on the FY 2015 -16 through FY 2019 -20
Five -Year Financial Forecast and direct staff to proceed with developing a
fiscally sustainable budget strategy; 2) Review and comment on community
issues and resident feedback that will guide FY 2015 -17 budget development;
3) Adopt Resolution No. 10859 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING
NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
ASSISTANT CITY MANAGER, BILLING SPECIALIST, BILLING
SUPERVISOR, COMMUNICATIONS OPERATOR - LATERAL
TRANSFER, COMMUNITY BROADBAND MANAGER, EMERGENCY
SERVICES ADMINISTRATOR, EMPLOYEE BENEFITS SPECIALIST,
EMPLOYEE BENEFITS TECHNICIAN, FINANCIAL REPORTING
ADMINISTRATOR, FIRE EQUIPMENT SPECIALIST, FLEET
MAINTENANCE ADMINISTRATOR, LEAD POLICE RECORDS
TECHNICIAN, MAINTENANCE ASSISTANT, PIER AND HARBOR
SERVICES SUPERVISOR, POLICE RANGE MASTER, PUBLIC SAFETY
COMMUNICATIONS AND TECHNOLOGY ADMINISTRATOR, SENIOR
GRANTS ANALYST, VOLUNTEER PROGRAM COORDINATOR,
AND POLICY DEVELOPMENT OFFICER"; 5) Adopt Resolution No. 10860
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING PARKING RATES AND PERMIT
FEES FOR ALL CITY PARKING FACILITIES AND RESOURCES'; 6)
Authorize the City Manager to accept a grant award in the amount of $27,186
from the 2013 State Homeland Security Grant Program Funds for mobile
training exercises for the Fire Department that support regional homeland
security goals; and, 7) Authorize the City Manager to negotiate and execute a
first modification to Contract No. 9925 in the amount of $348,233 with Santa
Monica Convention & Visitors Bureau, to provide a shuttle program in
Downtown Santa Monica, resulting in a five -year amended contract with a new
total amount not to exceed $997,428, with future year funding contingent on
Council budget approval, was presented.
Members of the public Jerry Rubin, Patti Oblath, Chris Baca, and Marcy
Winograd, spoke generally in favor of the recommended action.
Members of the public James Altman (donated time by Jeff Venezio), Denise
Barton, Zina Josephs, Phil Brock, and Andrew Hoyer spoke generally in
opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to staffing
of fire department positions, workers' compensation costs, and affordable
housing.
Motion by Councilmember /Commissioner /Agency Member O'Day, seconded
6 January 27, 2015
by Councilmember /Commissioner / Agency Member Winterer, to review and
comment on the FY 2015 -16 through FY 2019 -20 Five -Year Financial Forecast
and direct staff to proceed with developing a fiscally sustainable budget
Councibember /Commissioner/ strategy; and review and comment on community issues and resident feedback
Agency Member O'Connor was that will guide FY 2015 -17 budget development; adopt a resolution establishing
excused at 9:09p. tit. classification and salary rates for various positions detailed in Attachment B1;
approve the permanent position and classification changes detailed in
Attachment B2; adopt a resolution of the City of Santa Monica establishing
parking rates and permit fees for all City parking facilities and resources
detailed in Attachment C; direct staff to commit one -time funds and set aside
$1.2 million in residual receipts for affordable housing until other funding
sources can be developed to provide consistent finding for affordable housing;
authorize the City Manager to accept a grant award in the amount of $27,186
from the 2013 State Homeland Security Grant Program Funds for mobile
training exercises for the Fire Department that support regional homeland
security goals; and to authorize the City Manager to negotiate and execute a
first modification to Contract No. 9925 in the amount of $348,233 with Santa
Monica Convention & Visitors Bureau, a California -based company, to provide
a shuttle program in Downtown Santa Monica, resulting in a five -year amended
contract with a new total amount not to exceed $997,428, with future year
funding contingent on Council budget approval.
The motion was approved by the following vote:
AYES: Couucilmembers /Commissioners /Agency Members Himmelrich,
Winterer, O'Day, O'Connor
Mayor Pro Tem/Vice Chair /Chair Pro Tern Vazquez, Mayor /Chair
McKeown
NOES: None
ABSENT: Councilmember /Commissioner /Agency Member Davis
Motion by Councilmember /Commissioner / Agencv Member Winterei
seconded by Councilmember /Commissioner /Agenev Member O'Day. to
provide staff direction to move forward with housing projects. The motion was
approved by a unanimous voice vote, with all members present excepting
Couucilmembers /Commissioners /Agency Members Davis and O'Connor.
ADJOURNMENT OF THE On order of the Mayor /Chair, the special joint meeting with the Housing
SPECIAL JOINT MEETING Authority and the Redevelopment Successor Agency was adjourned at 9:09
p.m., and the regular City Council meeting was reconvened, with
Councihnembers Davis and O'Connor absent.
HUMAN SERVICES GRANTS 8 -C: Proposed FY2015 -19 Human Services Grants Program and
Cultural/Art Organizational Support Program Funding Rationales —
recommendation that the City Council: 1) Approve the Proposed FY2015 -19
Human Services Grants Program (HSGP), CulturaUArt Organizational Support
Program (OSP) and Strategic Sustainability Initiative Funding Rationales,
including proposed guidelines and selection criteria; and, 2) Authorize staff to
release a Request for Proposals (RFP) for the next four -year grant funding cycle
(FY2015 -19), was presented.
7 January 27, 2015
Members of the public Carol Lemlein, Irma Carranza, Ana Maria Jura, Lisa
Golden Balfus, and John Maceri, spoke generally in favor of the recommended
action.
Considerable discussion ensued on topics including, but not limited to
sustainable financial planning for organizations, and Cradle to Career initiative.
Motion by Councilmember O'Day, seconded by Comrcilmember Winterer, to
adopt the staff recommendation with a change to require three years of data
instead of five years for new grant programs by art and cultural institutions. The
motion was approved by the following vote:
AYES: Councilmembers Himmetrich, Winterer, O'Day, Mayor
Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmembers Davis, O'Connor
CITY SERVICES BUILDING 8 -D: Feasibility analysis and Design -Build Agreement for the City
PROJECT Services Building Project — recommendation that the City Council: Review
and comment on the feasibility analysis, concept design and financial options
for the City Services Building Project; and authorize the City Manager to
negotiate a Guaranteed Maximum Price with design -build contractor Hathaway
Dniwiddie Construction Company, for design services for the proposed City
Services Building, was presented.
Members of the public Colin Garrett (donated time by Gary Lai), spoke
generally in favor of the recommended action.
Considerable discussion ensued on topics including, but not limited to the living
building challenge, and funding sources.
Motion by Mayor McKeown, seconded by Mayor Pro Tern Vazquez, to adopt
the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Winterer, Himmelrich
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmembers Davis, O'Connor
CITY YARDS MASTER PLAN 8 -E: City Yards Master Plan — recommendation that the City Council: 1)
Approve the final City Yards Master Plan in concept; 2) Direct staff to issue a
Councilmember O'Day was request for bids for a design -build team for the initial phases of the City Yards
excused at 10:43 p.m. Master Plan; and, 3) Direct staff to prepare a financing plan for the initial
phases of the City Yards Master Plan and return to Council to award a contract
to a design -build team, was presented.
Members of the public Cris McLeod and Andrew Boyer spoke generally in
opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to siting of
January 27, 2015
items and landfill excavation.
Motion by Mayor Pro Tern Vazquez, seconded by Councilmember Winterer, to
approve the staff recommendation with direct to explore stacking to possibly
create more space at Stewart Park.
The motion was approved by the following vote:
AYES: Councilmembers Himmelrich, Winterer
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmembers Davis, O'Connor, O'Day
COUNCILMEM 3ER 13 -A: Appointment to one unscheduled vacancy on the Arts Commission
DISCUSSION ITEMS: for a term ending on June 30, 2016, was presented.
ARTS COMMISSION
Member of the public Michael Myers spoke in opposition to appointment to the
two vacancies.
Motion by Councilmember Winterer, seconded by Mayor Pro Tern Vazquez to
direct staff to explore means which might reduce the number of appointments
on the Arts Commission.
The motion was approved by a unanimous voice vote, with all members present
excepting Councilmembers Davis, O'Connor, and O'Day.
On order of the Mayor, the appointment was continued to a future Council
meeting.
ARTS COMMISSION 13 -B: Appointment to one vacancy on the Arts Commission for a full
term ending on June 30, 2018.
There were no members of the public present to speak on the item.
On order of the Mayor, the item was continued to a future Council meeting.
COMMISSION ON THE 13 -C: Appointment to one unscheduled vacancy on the Commission on
STATUS OF WOMEN the Status of Women for a term ending on June 30, 2015.
There were no members of the public present to speak on the item.
On order of the Mayor, the item was continued to the February 24, 2015
Council meeting.
PLANNING COMMISSION 13 -D: Appointment to one unscheduled vacancy on the Planning
Commission for a term ending on June 30, 2015.
There were no members of the public present to speak on the item.
9 January 27, 2015
On order of the Mayor, the item was continued to the February 10, 2015
Council meeting.
AUDIT COMMITTEE 13 -E: Request of Mayor Pro Tem Vazquez and Councilmember
Himmelrich that staff present the Council with an ordinance to implement
the recommendation of the City's auditors in the attached letter to form an
audit committee of the City Council that will "provide oversight and
review of the City's financial reporting process, internal controls and the
independent audit function ", was presented.
Member of the public People of California spoke generally in opposition to the
recommended action.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Vazquez
with direction for staff to return with an information item of current auditing
practices and including a description of best practices. The motion was
approved by a unanimous voice vote, with all members present excepting
Councilmembers Davis, O'Connor, and O'Day.
PUBLIC INPUT: Members of the public Denise Barton, People of California, Johnathan Foster
and Jerry Rubin commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:49 p.m.
in memory of Rolfe Wyer, Vivian Bradley Spurgin, and Michele Serros.
ATTEST: APPROVED:
rah P, Gorman Kevin McKeown
City Clerk Mayor
10 January 27, 2015