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