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m-022415CITY OF SANTA MONICA CITY COUNCIL MINUTES I r f Dina 1L1 -wat, Ifti11 G1 A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:36 p.m., on Tuesday, February 24, 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 ( arrived at 5:56 p.m.) Councilmember Terry O'Day (arrived at 5:38 p.m.) Councilmember Ted Winterer Absent: Councilmember Gleam Davis Also Present: Interim City Manager Elaine Polachek City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with Councilmembers Davis, O'Day and Connor absent. Interim Assistant City Manager Martin Pastucha 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 5:38 p.m., to consider closed sessions and returned at 6:45 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): Harris v. City of Santa Monica, Los Angeles Superior Court Case Number BC 341 569 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 February 24, 2015 Section 54956.9 (d)(1): Exposition Metro Line Construction AuthOrltV v. City of Santa Monica, Los Angeles Superior Court Case Number BC 563 050 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): Korolyov v. City of Santa Monica, Los Angeles Superior Court Case Number BC 522 762 The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA 2 -A: Proclamation Declaring March 2015 as Women's History ITEMS: Month, was presented to Rebecca Lantry, Vice -Chair of the Commission WOMEN'S HISTORY on the Status of Women. MONTH REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced that Council COMPENSATION will receive no compensation for meeting as the Redevelopment Successor Agency. CONSENT CALENDAR: JOINT SPECIAL MEETING WITH THE REDEVELOPMENT SUCCESSOR AGENCY All items were considered and approved in one motion unless removed by an Agency Member /Councilmember for discussion. There being a Consent Calendar for the City Council and the Redevelopment Successor Agency the Mayor, with the consensus of Council, combined the Consent Calendars into a joint meeting so as to hear them concurrently, with Agency Member /Councilmember Davis absent. Members of the public Denise Barton, People of California and Marcy Winograd commented on various Consent Calendar items. At the request of Agency Member /Councilmember Winterer, Item 3 -F was removed from the Consent Calendar, Motion by Chair Pro Tem/ Mayor Pro Tern Vazquez, seconded by Agency Member /Councilmember O'Connor, to approve the Consent Calendar except for Item 3 -F, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency Members /Councilmember•s O'Connor, O'Day, Winterer, Himmeh•ich, Chair Pro Tem/Mayor Pro Tern Vazquez, Chair/Mayor McKeown February 24, 2015 NOES: None ABSENT: Agency Member /Councilmember Davis MINUTES 3 -A: The minutes of February 10, 2015 City Council meeting, were approved. COUNCIL MEETING 3 -B: Cancellation of a regular Council meeting scheduled for CANCELLATION Tuesday, March 10, 2015 — recommendation that the City Council vote to cancel the regular meeting scheduled for March 10, 2015, due to lack of a quorum and schedule a special meeting at 5:30 p.m. on Tuesday, March 17, 2015 in City Hall, was approved. AMMUNITION 3 -C; Police Department Purchase of Ammunitions — recommendation PURCHASE to authorize the Purchasing Services Manager to issue a purchase order to Dooley Enterprises, Inc. for Police Department Ammunitions, with a sole source purchase in an amount not to exceed $75,000 for one year, with two additional one year renewal options to extend on the same terms and conditions for a total not to exceed $225,000, with future year funding contingent on Council budget approval, was approved. WINDWARD SCHOOL 3 -D: Windward School Lease Agreement Amendment — recommendation to authorize the City Manager to negotiate and execute an amendment to the Windward School lease Agreement No. 5457 (CCS) to allow a covenant to be recorded on City -owned property and require its removal at the time of lease termination, was approved. FIRE DEPARTMENT 3 -E: Purchase of Mobile Training Building Prop for Fire Department — recommendation to award RFP #18 to Fire Training Structures, LLC (ITS) for the purchase, delivery and installation of one new mobile Urban Search and Rescue (USAR) and Hazardous Materials (HazMat) building prop for the Fire Department Training Center; authorize the City Manager to negotiate and execute contractual service Agreement No. 10031 (CCS) with FTS, in an amount not to exceed $805,044; and, authorize the budget changes, was approved. PARA- TRANSIT 3 -G: Furnish and Deliver Four Para - Transit Accessible Vans — ACCESSIBLE VANS recommendation to award Bid #4177 to Creative Bus Sales Inc., for the purchase of four CNG- powered Mobility Ventures (MV -1) paratransit accessible vans, and authorize a purchase order in an amount not to exceed $242,314; authorize the Purchasing Services Manager to issue a purchase order with Creative Bus Sales., Inc., in an amount not to exceed $242,314; and authorize the budget changes, was approved. ELECTRICITY 3 -11: Execute Enabling Agreements to Procure Electricity Through PROCUREMENT Direct Access — recommendation that City Council authorize the City Manager to: 1) approve 3 Phases Renewables, Constellation NewEnergy 3 February 24, 2015 Inc., and, Shell Energy North America, to be a part of the pre - qualified list of vendors to procure electricity through Direct Access; 2) select the best bidder from the pre- qualified list on an annual basis and negotiate and execute a purchase agreement with that vendor in order to procure power for that year, based on the best bid; this could be the same vendor each year, or another pre - qualified vendor, based on the bids received; and 3) negotiate and execute a purchase agreement with one of the vendors on the pre - qualified list on an annual basis: 3 Phases Renewables; Constellation NewEnergy Inc.; and, Shell Energy North America, in an amount not to exceed $3 million for one year, with four additional one year renewal options in the amount of $3 million, for a total amount not to exceed $15 million over a 5 year period with future year funding contingent on Council budget approval, was approved. PURCHASE CNG PICK- 3 -I: Bid Award for the Purchase of 16 Ford F -250 Compressed UP TRUCKS Natural Gas Pick -up Trucks — recommendation that the City Council: 1) award Bid #4172 to Fritts Ford for the purchase and delivery of 16 Ford F- 250 compressed natural gas (CNG) pick -up trucks; 2) authorize the Purchasing Services Manager to issue a purchase order with Fritts Ford for the purchase and delivery of 16 Ford F -250 CNG pick -up trucks in an amount not to exceed $698,177, with future year funding contingent on Council budget approval; and 3) authorize budget changes, was approved. 2014 URBAN AREA 3 -J: Acceptance of 2014 Urban Area Security Initiative (UASI) SECURITY INITIATIVE Grant Funds — recommendation that City Council authorize the City Manager to accept a grant awarded in the amount of $308,507 from the 2014 Urban Area Security Initiative and execute subrecipient agreement and related documents to purchase equipment and training that supports regional homeland security goals; and authorize budget changes, was approved. VEHICLE PURCHASE 3 -K: Bid Award for Purchase of Three' /4 Ton Extended Cab Service Body Compressed Natural Gas Pick -up Trucks — recommendation that the City Council: 1) award Bid #4174 to Frontier Ford for the purchase and delivery of three % ton, extended cab, service body, Compressed Natural Gas (CNG) pick -up trucks; and 2) authorize the Purchasing Services Manager to issue a purchase order with Frontier Ford for the purchase and delivery of three % ton, extended cab, service body, CNG pick -up trucks in an amount not to exceed $240,782 with future year funding contingent on Council budget approval, was approved. CITY INVESTMENT 3 -L: Annual Update on City Investment Policy —recommendation that POLICY the City Council and Successor Agency Governing Board: 1) Review and approve the City Investment Policy for the City and the Successor Agency Investments; 2) Extend the delegation of investment authority to the Director of Finance as City Treasurer /Treasurer of the Successor Agency, 4 February 24, 2015 from March 1, 2015 through February 29, 2016; and, 3) Adopt Resolution No. 10866 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND" and Resolution No. 24 (SA) entitled, "A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY AUTHORIZING THE ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND FOR LAIF ACCOUNT NUMBER 6519064 ", was approved. ADJOURNMENT OF THE On order of the Chair /Mayor, the special joint meeting with the SPECIAL JOINT Redevelopment Successor Agency was adjourned at 7:05 p.m., and the MEETING regular City Council meeting was reconvened, with Councilmember Davis absent. LABOR RELATIONS 3 -F: Memoranda of Understanding with SMART T -D, formerly the United Transportation Union, Local 1785 and Revised Executive Pay Plan — recommendation that the City Council: 1) adopt attached Resolution No. 10865 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SMART T -D AND A REVISED EXECUTIVE PAY PLAN'; 2) adopt the above resolution authorizing the City Manager to execute a Revised Executive Pay Plan; and 3) approve the revised salary schedule effective as a result of the negotiated tentative agreement reached for by the classifications represented by SMART T -D and certain specific classifications covered by the Executive Pay Plan, was presented. Councilmember Winterer advised that he removed the item to learn more information. Motion by Councilmember Himmelrich, seconded by Councilmember Winterer, to approve the staff recommendation. 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 5 February 24, 2015 PUBLIC HEARING: 9 -A: Public Hearing to Adopt Water Rates — recommendation that the WATER RATES City Council: 1. hold a public hearing; 2. receive public comment pursuant to Proposition 218 requirements; 3. Consider all protests against the proposed water rate increases that have been submitted in accordance with Proposition 218; 4. adopt attached Resolution No. 10867 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING WATER RATES AND WATER SERVICE CHARGES ", was presented. Members of the public Denise Barton, People of California, Diane Gordon (donated time by Nancy Morse), Linda Lancaster (donated time by Steve Lancaster), Carissa Drucker, Jerry Rubin, Stathis Kostopoulas, Stephen Youngerman, David Tiffallister, Kate Bransfield, Robert Gomez, Marcy Winograd, Joan Vorpahl (donated time by Christopher Darrow), Michael Toney, Ellen Brennan, Maryanne La Guardia, Judy Abdo, Ellen Sevy, Onofre Santiago (donated time by Josephina Santiago), Wil Grenier, Art Casillas, Deborah Waynesmith, Zina Josephs, Scott Kelso, Lori Brown, and Elizabeth VanDenburgh, Mark Gold, Andrew Hoyer, and John Smith spoke generally in opposition to the recommended action Member of the public Craig Hamilton spoke in support of the recommended action. City Clerk Gorman reported that the Clerk had received a maximum of 4,588 protest letters by the close of the public hearing. Considerable discussion ensued on topics including, but not limited to possible bonds, water self - sufficiency and other rate proposals. Motion by Councilmember Winterer, seconded by Councilmember O'Dav, to adopt a resolution establishing a five year schedule of water rate adjustments comprising a 9% increase in the first year and 9% maximum rate increases in the following four years, subject to Council's ability to suspend all or part of each annual rate increase. Motion to amend by Councilmember Winterer, to hold a public hearing; receive public comment pursuant to Proposition 218 requirements; consider all protests against the proposed water rate increases that have been submitted in accordance with Proposition 218; authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report; and adopt a resolution establishing a five year schedule of water rate adjustments comprising a 9% increase in the first year and 9% maximum rate increases in the following four years, subject to Council's ability to suspend all or part of each annual rate increase . The proposed amendment was friendly to the seconder. 6 February 24, 2015 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 ADMIN. PROCEEDINGS: 6 -A: Appeal by International Workers of the World of the City's BEACH MAINTENANCE Decision Denying the Union's Petition To Be Recognized As The WORKERS Exclusive Representative of Eleven Labor Trainee As- Needed Employees Assigned to Beach Maintenance — recommendation that the City Council: 1. review the information supplied by this report, including the record of the petition for recognition filed by the International Workers of the World (IWW) to be recognized as the exclusive bargaining representative of eleven labor trainee -as needed City employees assigned to beach maintenance; 2. conduct a public hearing on the IWW's petition, pursuant to the Council Rules, Ordinance 801, and other requirements of law; and 3. based upon the law, the record supplied with this report, and any additional information and evidence provided before and at the hearing, make a decision on the appeal, was presented. Ali Rahmona made a presentation in favor of the appellant. Human Resources Director Donna Peter made a presentation in favor of the City. Members of the public Marcy Winograd and Christopher Wolhlers spoke in favor of the appellant. Motion by Councilmember Himmelrich, seconded by Councilmember Vazquez, to uphold the appeal. Substitute motion by Councilmember O'Connor, seconded by Councilmember O'Day, to deny the appeal. The substitute motion to deny the appeal was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Winterer, Mayor McKeown NOES: Councilmember Himmelrich, Mayor Pro Tem Vazquez ABSENT: Councilmember Davis ORDINANCES: 7 -A: Second Reading and Adoption of Ordinance No. 2480 (CCS) NOISE REGULATIONS entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA UPDATING CHAPTER 4.12 OF THE SANTA February 24, 2015 MONICA MUNICIPAL CODE RELATED TO NOISE REGULATION ", was presented. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to adopt the ordinance, reading 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 Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis ANIMAL PROHIBITION 7 -B: Introduction and First Reading of an Ordinance adding Section 4.04.162 to the Santa Monica Municipal Code prohibiting certain animals from the Beach, Ocean Front Walk, the Pier and Pier ramp, the Third Street Promenade, the Downtown Transit Mall, and all City parks and adjacent sidewalks, was presented. Members of the public Heather Rally (donated time by Angie Aramayo), Alan Toy, Jerry Rubin, Lynne Thomas, Armaiti May, Marcy Winograd, Kirsten Laage, Judy Abdo, Heather Doyle, Bea Nemlatta, Matt Rossell, Georja Umana Jones, Phil Brock, John C. Smith, and Lori Brown spoke generally in favor of the recommended action. Members of the public People of California, Howard Kaminsky, Thomas Connell, Jesus Tapia, Holly Cepeda, Becca Rothschild, and Michael Toney spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including exotic animals, liability, and the scope of the ordinance. Motion by Councilmember Himmehich, seconded by Councilmember O'Connor, 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 O'Connor, O'Day, Winterer, Himmelrich, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis ARTS COMMISSION 7 -C: Introduction and First Reading of an Ordinance reducing the membership of the Arts Commission from thirteen to eleven members, was presented. There were no members of the public present to speak on this item. February 24, 2015 Motion by Councilmember Winterer, seconded by Councilmember Himmehich, 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 Himmelrich, Winterer, O'Day, O'Connor, Mayor Pro Tern Vazquez, Mayor McKeown NOES: None ABSENT: Councilmember Davis STAFF 8 -A: Concept Design Approval for the Proposed Interim Use of the ADMINISTRATIVE City -Owned Property at 4th St. and Colorado Ave. to Facilitate Expo ITEMS: Connectivity; and Approval of Funding for Construction Documents 4TH ST. AND and Continued Long Term -Use Analysis and Site Studies — COLORADO AVE. recommendation that the City Council: 1) approve the revised interim use concept design for the City -owned property at 4t" and Colorado Station Site (Option C) and direct staff to proceed with schematic design, design development and construction documents for an interim use at the 4th /Colorado Station Site at a cost of $2.0 million; 2) approve the concept design for 161" Street to improve immediate Expo Station and Memorial Park access, to be implemented with existing maintenance and project funds; and, 3) authorize budget changes, was presented. Members of the public Judy Abdo, Peter Yu Jr., and Scott Schonfeld, spoke generally in favor of the recommended action. Member of the public Denise Barton spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to speed control issues, parking issues, and coordination with the Memorial Park Plan. Motion by Councilmember O'Day, seconded by Councilmember Winterer, to adopt the staff recommendation. 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 Staff direction was provided. February 24, 2015 COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Commission DISCUSSION ITEMS: on the Status of Women for a term ending on .Tune 30, 2015, was COMMISSION ON THE presented. STATUS OF WOMEN No members of the public were present to speak on this item. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Elena Christopoulos. Councilmember Himmehich nominated Madeleine Brand. The following votes were tallied: Brand: Councilmember Himmelrich, Mayor Pro Tem Vazquez, Mayor McKeown Christopoulos: Councilmembers Winterer, O'Day, O'Connor As there was a tie, on order of the Mayor, the item was continued to a future meeting, with a date uncertain. SAMOHI MADRIGAL 13 -B: Request of Mayor McKeown, Mayor Pro Tem Vazquez, and ENSEMBLE AND Councilmember Winterer that the Council allocate from its CHAMBER SINGERS contingency fund $10,000 to the Santa Monica Arts Parents Association /Vocal Music, a 501(c)(3) non - profit, to support scholarships enabling all members of the Samohi Madrigal Ensemble and Chamber Singers, including those from lower- income families, to participate in this April's ten -day tour of cathedrals and historic venues in Brussels, Amsterdam, and Paris, was presented. Members of the public Patti Braun spoke generally in favor of the recommended action. Motion by Councilmember O'Day, seconded by Councilmember Himmelrich, to approve the recommendation. 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 SAMOHI WIND 13 -C: Request of Mayor McKeown, Mayor Pro Tem Vazquez, and 10 February 24, 2015 ENSEMBLE Councilmember Winterer that the Council allocate from its contingency fund $20,000 to the Santa Monica Arts Parents Association /Samohi Band Parents Association, a 501(e)(3) non - profit, to support scholarships enabling all members of the Santa Monica High School Wind Ensemble, including those from lower- income families, to participate in this April's Sounds of Spring International Music Festival and perform at Carnegie Hall in New Fork City, was presented. Members of the public Richard Yrop spoke generally in favor of the recommended action. Motion by Councilmember Himmelrich, seconded by Councilmember O'Day, to approve the 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 PUBLIC INPUT: Members of the public Denise Barton, People of California, John Berry, Michael Toney, Art Casillas, and Johnathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:43 p.m. ATTEST: APPROVED: Sarah P. Gorman Kevin McKeown City Clerk Mayor 11 February 24, 2015