m09082015.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER S, 2015
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:32 p.m., on
Tuesday, September 8, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Pam O'Connor (arrived at 6:01 p.m.)
Councilmember Terry O'Day
Councilmember Ted Winterer
Also Present: City Manager Rick Cole
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 all
members present excepting Councilmember O'Connor. Executive
Administrator to the City Manager Sandra Santiago led the assemblage in
the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilrneniber O'Connor{ On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
arrived at 6.•01 Ain. closed sessions and returned at 6:50 p.m., with all members present, to
report the following:
LA. Public Employee Evaluation. Title of Employee: City Clerk
The City Attorney advised this matter was not heard.
1.8. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): O'Dell, et al v. City of Santa Monica, et al, Los Angeles
Superior Court Case Number BC 526 373
Not heard
The City Attorney advised this matter was not heard.
September 8, 2015
I.C. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2): 1 case
The City Attorney advised this matter was heard with no reportable action
taken.
I.D. Conference with Real Property Negotiator:
Property: 1548 6th Street and 1437 5th Street,
City Negotiator: Andy Agle,
Under Negotiation: Reconveyance of Deed Restriction and
Security Escrow Account,
Owner of Record: 1548LUXENMS, LLC and 14375 MNS, LLC
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA 2.A. Commendation to Santa Monica Little League 2015 Majors
ITEMS: Division Champions, was presented.
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Goinian announced that Council
COMPENSATION will receive no compensation for meeting as the Redevelopment Successor
Agency.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by
JOINT SPECIAL an Agency Member/Councilmember for discussion.
MEETING WITH THE
REDEVELOPMENT There being a Consent Calendar for the City Council and the
SUCCESSOR AGENCY Redevelopment Successor Agency the Chair/Mayor, with the consensus of
Agency/Council, combined the Consent Calendars into a joint meeting so
as to hear them concurrently.
Members of the public Jim Stewart, People of California, Sarah Blanch,
Dana Sharrod, Lauri Ringer, and Brenda Simmons commented on various
Consent Calendar items.
At the request of Agency Member/Councilmember Himmelrich, Items 3-E
and 3-Q were removed from the Consent Calendar.
At the request of Chair/Mayor McKeown, Item 3-J was removed from the
Consent Calendar.
Motion by Agency Mernbei/Councilmember Himmelrich, seconded by
Agency Member/Councilmember O'Day, to approve the Consent Calendar
except for Items 3-E, 3-J and 3-Q, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
2 September 8, 2015
following vote:
AYES: Agency Members/Councilmembers Davis, Himmelrich,
Winterer, O'Day, O'Connor,
Chair Pro Tenn/Mayor Pro Tem Vazquez,
Chair/Mayor McKeown
NOES: None
ABSENT: None
MINUTES 3.A: The Minutes of the August 23, 2015 City Council Retreat, were
approved.
MINUTES 3.B. The Minutes of the August 25, 2015 City Council Meeting, were
approved.
ELECTRIC VEHICLES 3.C. Lease Extension for Toyota RAV -4 Electric Vehicles, was
approved.
Recommended Action
Staff recommends that the City Council authorize the Purchasing Services
Manager to issue a purchase order with Toyota Motor Credit Corporation, a
California-based company, in the amount of $7,884 for a retroactive one-
year lease of two Toyota RAV -4 electric vehicles for the period of October
2013 to November 2014. This is a sole source purchase in an amount not
to exceed $150,003 with future year funding contingent on Council budget
approval.
BREATHING 3.D. Approve Award of Purchase Order for Self-contained
APPARATUS Breathing Apparatus, was approved.
Recommended Action
Staff recommends that the City Council authorize the Purchasing Services
Manager to: 1) Issue a purchase order with All Star Fire Equipment, a
California-based company, for the purchase of up to 70 Self -Contained
Breathing Apparatus (SCBA) and related equipment. This purchase falls
under an exception to the competitive bidding process since the department
will be utilizing the City of Pasadena Fire Department's competitive bid in
an amount not to exceed $642,014, including a contingency; and,
2)Approve the City Manager to surplus and donate, as appropriate, the
existing self-contained breathing apparatus to other grant recipient agencies
that participated in the Los Angeles Area Fire Chief s Association
(LAAFCA) SCBA project. The current market value of the equipment is
approximately $28,000.
MEDICAL SERVICES 3.F. Modification to Software Maintenance Agreement for FireMed
RECORDS Pro Emergency Medical Services Records Management System, was
3 September 8, 2015
approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second
modification to contract #8828 in the amount of $58,229 with Proper LLC,
an Arizona -based company, for maintenance and support, customizations
and upgrades of the FireMed Pro Emergency Medical Services Records
Management System (FireMed Pro) for one-year with two additional one-
year renewal options. This will result in an eight year amended contract
with a new total amount not to exceed $203,636, with future year funding
contingent on Council budget approval, and authorize the Chief
Information Officer to issue any necessary changes within contract
authority.
TRAFFIC SAFETY 3.G. Accept Two California Office of Traffic Safety Grants, was
GRANTS approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of
$300,400 from the California Office of Traffic Safety for the Selective
Traffic Enforcement Program.
2. Authorize the City Manager to accept a grant awarded in the amount of
$57,000 from the California Office of Traffic Safety for a Pedestrian and
Bicycle Safety campaign.
3. Authorize budget changes as outlined in the Financial Impacts & Budget
Actions section of this report.
LIVESCAN SERVICES 3.FI. Purchase Order with Department of Justice for Livescan
Services, was approved.
Recommended Action
Staff recommends that Council authorize the Purchasing Services Manager
to issue a purchase order to the California Department of Justice (CA DOJ)
for Live Scan criminal history background checks. This is a sole source
purchase order in an amount not to exceed $60,000 for one year, with four
additional one year renewal options to extend on the same terms and
conditions for a total not to exceed $300,000, with future year funding
contingent on Council budget approval.
STATE INCENTIVE 3.1. Second Amendment to the Strategic Prevention Framework -
GRANT State Incentive Grant, was approved.
Recommended Action
4 September 8, 2015
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute an amendment to
the Strategic Prevention Framework - State Incentive grant in the amount of
$28,800.
2. Authorize budget changes as outlined in the Financial Impacts & Budget
Actions section of this report.
BIG BLUE BUS 3.K. first Modification to Maintenance Contract for Big Blue Bus
Operator Management System, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to contract #8928 for a one-year
term, with two additional one-year renewal options for a total amount not
to exceed $358,730 with Trapeze Software Group (Trapeze), an Ontario,
Canada based company, for ongoing maintenance of the Motor Coach
Operator Management system and Customer Service software. This will
result in an 8 year amended contract with a new total amount not to exceed
$2,369,923, with future year funding contingent on Council budget
approval.
WATER -EFFICIENT 3.L. First Modification to Multi -Family Toilet Direct Install
TOLIETS Contract, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute contractual
services agreement No. 10187 (CCS) in the amount of $1,199,000
with Southwest Environinental, Inc., a California-based company,
for continued marketing and retrofitting of water -efficient toilets in
high-density, multi -family buildings. This will result in a two year
amended contract with a new total aanount not to exceed $1,320,000
with future year funding contingent on Council budget approval.
2. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
USED OIL PAYMENT 3.M. Adoption of Resolution Authorizing Participation in the Used
PROGRAM Oil Payment Program, was approved.
Recommended Action
Staff reconunends that the City Council adopt Resolution No. 10910 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT
AND EXECUTE USED OIL PAYMENT PROGRAM APPLICATIONS
AND RELATED AUTHORIZATIONS TO THE DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY (CalRecycle)," was
5 September 8, 2015
adopted.
RECYCLING 3.N. Purchase of 95/68 Gallon Refuse, Organics and Recycling
CONTAINERS Containers, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Request for Proposal 932 to Rehrig Pacific Company, a
California-based company, for the purchase and delivery of
approximately 2,600 95168 gallon refuse, organics, and recycling
containers per year;
2. Authorize the Purchasing Services Manager to issue a purchase
order with Rehrig Pacific Company for the purchase and delivery of
approximately 2,600 95/68 gallon refuse, organics, and recycling
containers in an amount not to exceed $150,000 for one year, with
two additional one-year renewal options to extend for a total not to
exceed $545,000 over three years, with future year funding
contingent on Council budget approval.
COASTAL CLEANUP 3.0. Waiving Parking Fees for California Coastal Cleanup Day 2015
DAY Volunteers, was approved.
Recommended Action
Staff recommends that the City Council approve Resolution No. 10911
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY OF
SANTA MONICA TO OFFER PARKING AT NO COST AT ITS CITY
OWNED BEACH PARKING LOTS TO VOLUNTEERS OF
CALIFORNIA COASTAL CLEANUP DAY 2015 ON SATURDAY,
SEPTEMBER 19, 2015," was adopted.
PIER VEHICLE BARRIER 3.P. Award Construction Contract for Pier Vehicle Barrier Project,
PROJECT was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2387 to John S. Meek Company, Inc., a California-
based company, for construction services for the Pier Vehicle
Barrier Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10188 (CCS) with John S. Meek Company, Inc. in an amount not to
exceed $258,000 (including 10% contingency);
3. Authorize the budget changes as outlined in the Financial Impacts
& Budget Actions section of this report;
4. Authorize the Director of Public Works to issue any necessary
6 September 8, 2015
change orders to complete additional work within contract
authority.
RECOGNIZED 3.R. Recognized Obligation Payment Schedule: January through
OBLIGATION PAYMENT June 2016, was approved.
SCHEDULE
Recommended Action
Staff recommends that the Redevelopment Successor Agency adopt the
Resolution No. 25 (SA) entitled, "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING
AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR JANUARY 2 016 -- JUNE 2016," and, Resolution No.
26 (SA) entitled, "A RESOLUTION OF THE SANTA MONICA
REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND
ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD
JANUARY 2016- JUNE 2016, INCLUSIVE."
MINUTES 3.S. Approval of minutes of the January 27, February 10 and
February 24, 2015 Redevelopment Successor Agency meetings, were
approved.
POOL DECK 3.E. Santa Monica Swim Center Pool Deck Replacement, was
REPLACEMENT presented.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2316 to California Commercial Pools Inc., a
California based company, for the Santa Monica Swim Center Pool
Deck Replacement Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10186 (CCS) with California Commercial Pools Inc., in an amount
not to exceed $1,310,300 (including contingency); and authorize
budget changes as outlined in the Financial Impacts & Budget
Actions section of this report.
Agency Member/Councilmember Himmelrich advised that she removed
Item 3.E to obtain staff information.
Motion by gency Member/Councilmember Himmelrich, seconded by
Agency Member/Councilmember Davis, to approve the staff
recommendation. The motion was approved by the following vote:
AYES: Agency Members/Councilmembers O'Connor, O'Day,
Winterer, IIimmelrich, Davis,
Chair Pro Tem/Mayor Pro Tem Vazquez,
Chair/Mayor McKeown
7 September S, 2015
NOES: None
ABSENT: None
FULL PUMP LABELLING 3.J Reject Fuel Pump Labelling Requirement, was presented.
Recommended Action
Staff recommends that City Council receive and file this report to not
require labelling of conmiercial fuel pumps with a climate change message.
Chair/Mayor McKeown advised that he removed Item 3.J to obtain staff
information.
Motion by Chair/Mayor McKeown, seconded by Ag_gLey
Member/Councilmember Winterer, to receive and file and provide staff
direction to continue council approved exploration of gas pump labelling.
Motion to amend by Agency Member/Councihxnember Davis to
additionally report back to Council as circumstances warrant. The motion
to amend was friendly to the maker and seconder.
The motion was approved by a unanimous voice vote, with all members
present,
COMMUNITY & 3.Q. Authorization to reorganize the Community & Government
GOVERNMENT Relations unit of the City Manager's Office to the Office of
RELATIONS Communications, was presented.
Recommended Action
Staff recommends that the City Council:
Adopt Resolution No. 10192 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING
NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
CABLE TV MANAGER, MARKETING/COMMUNICATIONS
ASSISTANT, PUBLIC INFORMATION OFFICER, SR. MARKETING
MANAGER," and approve the position and classification changes
(Attachment B) to reorganize the Community & Government Relations unit
of the City Manager's Office to the Office of Communications in the
amount of $539,649 in FY 2015-16; and, authorize budget changes as
outlined in the Financial Impacts & Budget Actions section of this report.
Agency Member/Councilmember Himmelrich advised that she removed
Item 3.Q to obtain staff information.
Motion by Chair/Mayor McKeown, seconded by gency
Member/Councilmember Himmelrich, to approve the staff
recommendation. The motion was approved by the following vote:
8 September 8, 2015
AYES: Agency Members/Councilmembers O'Connor, O'Day,
Winterer, Himmelrich, Davis,
Chair Pro Ter/Mayor Pro Tem Vazquez,
Chair/Mayor McKeown
NOES: None
ABSENT: None
SPECIAL JOINT On order of the Chair/Mayor, the special joint meeting with the
MEETING Redevelopment Successor Agency was adjourned at 7:37 p.m., and the
ADJOURNMENT regular City Council meeting was reconvened.
ORDINANCES: 7.A. Second Reading and Adoption of an Ordinance - Clarifying
LAW ENFORCEMENT Enforcement Responsibilities of Law Enforcement Personnel, was
PERSONNEL presented.
Recommended Action
Staff recommends that City Council adopt attached Ordinance No.
2493 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA UPDATING ARTICLES I AND II OF
THE SANTA MONICA MUNICIPAL CODE CLARIFYING
ENFORCEMENT RESPONSIBILITIES OF LAW ENFORCEMENT
PERSONNEL."
Motion by Mayor Pro Tem Vazgucz, s_econdcd by Councilmember
Hitnmelrich'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,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
EMPLOYER-EMPLOYEE 7.8. Introduction and First Reading of Ordinance Regarding
RELATIONS Procedures for the Administration of Employer -Employee Relations,
was presented.
Recommended Action
Staff recommends that the City Council ("Council") introduce for first
reading the attached ordinance to repeat Ordinance No. 801 (CCS) and add
Chapter 2.05 to the Santa Monica Municipal Code regarding procedures for
the adMinistration of employer-employee relations.
Member of the public .teary Rubin spoke generally in favor of the
recommended action.
Member of the public Denise Barton spoke generally in opposition to the
9 September 8, 2015
recommended action.
Motion by Councilmember Himmelrich, to approve the staff report, with
the exception that appeals, should mediation fail, would be heard by
Council rather than by the Office of Administrative Hearings. The motion
failed for lack of a second.
Motion by Mayor McKeown, 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 Davis, Hinunelrich, Winterer, O'Day,
O'Connor, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
STAFF 8.A. Update to the Water Shortage Response Plan, was presented.
ADMINISTRATIVE
ITEMS: Recommended Action
WATER SHORTAGE Staff recommends that the City Council adopt Resolution No. 10193 (CCS)
RESPONSE PLAN entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING A WATER SHORTAGE RESPONSE
PLAN."
Members of the public Jerry Rubin and Andrew Hoyer spoke generally in
favor of the recommended action.
Members of the public Denise Barton, People of California, and Christel
Andersen spoke generally in opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to
conservation objectives.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to adopt the staff reconunendation. The motion was approved by
the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Clean Beaches
DISCUSSION ITEMS: Ocean Parcel Tax Citizens Oversight Committee for a term ending on
CLEAN BEACHES 1213112016, was presented.
10 September 8, 2015
OCEAN PARCEL TAX
CITIZENS OVERSIGHT On order of the Mayor, the floor was opened for nominations.
COMMITTEE
Councilmember Winterer nominated William Kairala.
William Kairala was voted by acclaination with a unanimous vote in his
favor.
SOCIAL SERVICES 13.B. Appointment to one unscheduled vacancy on the Social Services
COMMISSION Commission for a term ending on 06/30/2018 was presented.
On order of the Mayor, the appointment was continued to a date uncertain.
HOUSING COMMISSION 13.C. Recommendation to accept Amy Aukstikalnis' resignation from
the Housing Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Councilmember Himmelrich, seconded by Councilmember
O'Day, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present.
WESTSIDE BALLET OF 13.D. Request of Councilmembers Davis and Winterer that the
SANTA MONICA Council allocate $5000 of discretionary funds to the Westside Ballet of
Santa Monica, a 501(c)3, towards their $150,000 budget for their
annual holiday production of "The Nutcracker" at the Broad Stage.
Partnering with the Santa Monica Symphony, SMC and SMMUSD,
Westside Ballet will again offer free performances to Santa Monica
youth with a focus on Title 1 schools, was presented.
Members of the public Demise Barton spoke generally in opposition to the
recommended action.
Motion by Councilmember Himmelrich, seconded by Councilmember
Davis, to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Hiimnelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
INDEPENDENT CITIES 13.E. Request by Mayor Pro Tem Vazquez for designation of Santa
ASSOCIATION Monica City Board Member for Independent Cities Association, for
the year 201516, was presented.
I I September 8, 2015
Motion by Councilmember O'Connor, seconded by Councilmember
Himmelrich, to approve the request. The motion was approved by a
unanimous voice vote with all members present.
PUBLIC INPUT: Members of the public Denise Barton, People of California and Art Casillas
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:44
p.m.
ATTEST: APPROVED:
P
Sarah P. Gorman Kevin McKeown
City Clerk Mayor
12 September• 8, 2015