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m032216.pdfCITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 22, 2016 A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:32 p.m., on Tuesday, March 22, 2016, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Tony Vazquez Mayor Pro Tem Ted Winterer Councilmember Gleam Davis Councilmember Sue Himmeh•ich Councilmember Kevin McKeown Councilmember Pam O'Connor (arrived of 7:05 p, m.) Councilmember Terry O'Day Also Present: City Manager Rick Cole City Attorney Marsha Jones Moutrie City Clerk Denise Anderson -Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with Councilmembers O'Connor absent. Councilmember McKeown led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions. On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 7:07 p.m., with all members present, to report the following: I.A. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): McGrouther/Bruni v. City of Santa Monica, Los Angeles Superior Court Case Number BC 555 106 The City Attorney reported this was a matter where a child got a gash on his leg on a bolt that was sticking out from a sandbox in a City park, and recommended a settlement in the amount of $30,000. Motion by Councilmember McKeown seconded by Councilmember Davis, to approve Settlement Agreement No. 10277 (CCS), in the amount of $30,000. The motion was approved by the following vote: March 22, 2016 AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None I.B. Conference with Labor Negotiator. City Labor Negotiator: Donna Peter, Director of Human Resources Bargaining Units: Administrative Team Associates (ATA) Municipal Employees Association (MEA) Public Attorney's Union (PAU) The City Attorney advised this matter was heard with no reportable action taken. I.C. Conference with Real Property Negotiator: Property: 1241 Fifth Street City Negotiators: Andy Agle, Director of Housing and Economic Development Under Negotiation: Terms of Affordability Coventant Owner of Record: Alon Roma, LLC The City Attorney advised this matter was heard with no reportable action taken. J.D. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): National Business Aircraft Association, et al. v. City of Santa Monica, Part 16 Proceeding FAA Docket No. 16-14-04 The City Attorney advised this matter was heard with no reportable action taken. I.E. 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. LF. Conference with Legal Counsel - Anticipated Litigation - Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) - Threatened Part 16 proceeding - Atlantic 2 March 22, 2016 Aviation The City Attorney advised this matter was heard with no reportable action taken. I.G. Conference with Legal Counsel - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) - 1 case - Part 16 proceedings re leasing policy The City Attorney advised this matter was heard with no reportable action taken. LH. Conference with Legal Counsel - Anticipated Litigation - Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 423-429 Ocean Avenue The City Attorney advised this matter was heard with no reportable action taken. 1.I. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Petri, et al. v. City of Santa Monica and Mario Caro, Los Angeles Superior Court Case Number SC 116 102 The City Attorney reported this matter was related to a bus accident, and recommended a settlement in the amount of $20,000. Motion b, Councilmember O'Connor, seconded by Mayor Pro Tem Winterer, to approve Settlement Agreement No. 10278 (CCS) in the amount of $20,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None I.J. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 549569(d)(1): Smith, et al. v. City of Santa Monica, Part 16 Proceeding FAA Docket No. 16-16-2 The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA 2.A. City Manager's Report: Downtown Construction Update, was 3 March 22, 2016 ITEMS: presented. CITY MANAGER'S REPORT 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 Andria Mc Ferson commented on various Consent Calendar items. At the request of Councilmember Himmelrich, Item 3-K was removed from the Consent Calendar for questions. Councilmember Himmelrich pulled this item to ask questions about the timing of the RFP during the holidays, and how it directly impacted the amount of competitive bids received. Staff responded to questions. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None FIBER OPTIC NETWORK 3.A. Construction Contract for Santa Monica Utility Undergrounding, Excavation and Construction Services, was approved. Recommended Action. Staff recommends that the City Council: 1. Award Bid #UUC1004 to VCI Construction, LLC, a California based company, for utility undergrounding, excavation, and construction services related to the City's fiber optic network; 2. Authorize the City Manager to negotiate and execute construction Contract No. 10270 (CCS) with VCI Construction, LLC in an amount not to exceed $1,500,000 over five years, with future year funding contingent on Council budget approval; and, 3. Authorize the Chief Information Officer to issue any necessary change orders to complete additional work as required within budget authority. REFUSE & RECYCLING 3.11. Refuse Disposal & Recycling Facilities and Processors, was approved. Recommended Action 4 March 22, 2016 Staff recommends that the City Council authorize purchase orders to be issued to the following California-based companies: Commerce Refuse -To - Energy Facility, Southeast Resource Recovery Facility; USA Waste of California Facilities: Agromin Organics Recycling and Downtown Diversion; Texas-based company: Chiquita Canyon Landfill; and Arizona - based company: Sunshine Canyon Landfill, to provide ongoing landfill and recycling services. The annual amount over the next five years will not exceed $6,352,500 per year. LOCAL HAZARD 3.C. Approval of the updated Santa Monica Local Hazard MITIGATION PLAN Mitigation Plan, was approved. Recommended Action Staff recommends that the City Council adopt the attached updated All Hazards Local Mitigation Plan that outlines Santa Monica's response plans in an emergency and makes the City eligible for Federal and state natural disaster funding. AIR STREET SWEEPERS 3.D. Bid Award for Purchase of Two Compressed Natural Gas Regenerative Air Street Sweepers, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4234 to Mar -Co Equipment Company, a California- based company, for the purchase and delivery of two Compressed Natural Gas Truck Mounted Regenerative Air Street Sweepers; 2. Authorize the Purchasing Services Manager to issue a purchase order with Mar -Co Equipment Company for two Compressed Natural Gas Truck Mounted Regenerative Air Street Sweepers in an amount not to exceed $636,141. 1433 14TH STREET 3.E. Resolution No. 10944 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 66611 TO SUBDIVIDE A PROPERTY AT 1433 14th STREET", was adopted. Recommended Action Staff recommends that the City Council adopt Resolution No. 10944 (CCS) approving Final Tract Map No. 66611 to subdivide a properly located at 1433 14"' Street. HOMELAND SECURITY 3.F. Acceptance of 2015 Urban Area Security Initiative (UASI) GRANT FUNDS Grant Funds, was approved. Recommended Action March 22, 2016 1. Authorize the City Manager to accept a grant award in the amount of $572,878 from the 2015 Urban Area Security Initiative (UASI) and execute the sub -recipient agreement and related documents to purchase equipment and training that supports regional homeland security goals; and 2. Authorize budget changes as outlined in the Financial Impact and Budget Actions section of this report. OLYMPIC WELL 3.G. Olympic Well Field Groundwater Management Contract Amendment, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9916 (CCS), in the amount of $584,736 (including a 5% and 10% contingency only on Task 2 and Task 5, respectively) with ICF International, a Virginia-based company, for additional groundwater program activities. This will result in a 4 -year amended agreement with a new total amount not to exceed $2,805,636, with future year fielding contingent on Council budget approval. The City will be reimbursed by the Gillette Company for $355,995 upon completion of Tasks 2 and 3. SMART IRRIGATION 3.11. Award Bid for the Purchase of Calsense Smart Irrigation CONTROLLERS Controllers, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4236 to Smith Pipe & Supply, Inc., a California-based company for the purchase of 39 Calsense smart irrigation controllers, including component parts; 2. Authorize the Purchasing Services Manager to issue a purchase order with Smith Pipe & Supply, Inc. in an amount not to exceed $328,726 (includes a 10% contingency), with future year funding contingent on Council budget approval. 429 SANTA MONICA 3.1. Lease Agreement for Office Space at 429 Santa Monica Blvd. BLVD. for the Community Broadband Division, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute lease Agreement No. 10271 (CCS) with CA -429 Santa Monica Limited Partnership, a Delaware limited partnership company for office space at 429 Santa Monica Boulevard for a period of 62 months beginning May 1, 2016 at a first year lease cost of $90,568 (including common area expenses and on-site parking costs) and 6 March 22, 2016 BUS TRANSPORTATION $21,030 for tenant improvements, for a total amount not to exceed $536,323 (including 4% annual increase on base rent) over five years, 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. 3.J. Award Bid to Provide Bus Transportation Services for Youth and Senior Programs, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4219 to Screamline Investment Coip. dba Tourcoach Charter & Tours, a California based company, to provide bus transportation services as requested by the Community and Cultural Services Department; 2. Authorize the City Manager to negotiate and execute contractual service Agreement No. 10272 (CCS) with Screamline Investment Corp. dba Tourcoach Charter & Tours for bus services, in an amount not to exceed $42,200 for the remainder of fiscal year 2015-16, with 3 -additional 1 -year renewal options in the amount of $253,800, on the same terms and conditions for a total amount not to exceed $296,000 over a 3-114 year period, with future year fielding contingent on Council budget approval. HUMAN SERVICES 3.K. Award RFP and execute Professional Services Agreement to GRANTS provide professional assurance services for the City's Human Services Grants Program, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #67 to Levitt & Rosenblum, CPAs, a California-based company, for professional assurance services for the City's Human Services Grants Program (HSGP); 2. Authorize the City Manager to negotiate and execute professional service Agreement No. 10273 (CCS) with Levitt & Rosenblum, CPAs, in an amount not to exceed $30,000 for one year, with 4 -additional 1 -year renewal options in the amount of $120,000, on the same terms and conditions for a total amount not to exceed $150,000 over a 5 -year period, with future year funding contingent on Council budget approval. EMERGENCY 3.L. Second Modification to Contract to Provide Emergency AMBULANCE AND Ambulance and Billing Services, was approved. BILLING SERVICES Recommended Action 7 March 22, 2016 Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Contract No. 9438 (CCS) with Ameri-Care Ambulance, a California-based company, to provide emergency ambulance and billing services. This will result in a six year amended contract at no cost to the City. MINUTES 3.M. The minutes for City Council - Regular Meeting - Feb 9, 2016, were approved. MINUTES 3.N. The Minutes for City Council - Regular and Special Joint Meeting — Feb 23, 2016, were approved. RECYCLING 3.0. Adoption of Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICATIONS, AGREEMENTS AND DOCUMENTS FOR FUNDS PURSUANT TO THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM OF THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY," was adopted. Recommended Action Staff recommends that the City Council adopt the Resolution No. 10945 (CCS) authorizing the City Manager to submit and execute applications, agreements, and annual reports for the purpose of securing Beverage Container Recycling City/County Payment Program funds offered by the Department of Resources Recycling and Recovery (CalRecycle), for a five year period, in order to implement new or enhance existing programs to cleanup the waste stream that includes beverage containers. GENERAL SERVICES 3.P. General Services Agreement between the City of Santa Monica AGREEMENT and the County of Los Angeles, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to execute General Services Agreement (GSA) No. 10274 (CCS) with the County of Los Angeles for a five-year period through June 30, 2021, covering a variety of services such as street maintenance and engineering, emergency and health services. CLAIMS MANAGEMENT 3.Q. Claims Management Software System, was approved. Recommended Action Staff recommends that the City Council: 1) Award RFP# 36 to Origami Risk, Inc., an Illinois -based company, for a claims management software subscription service to support 8 March 22, 2016 the City's Liability and Workers' Compensation Programs; 2) Authorize the City Manager to negotiate and execute Agreement No. 10275 (CCS) with Origami Risk, Inc., in an amount not to exceed $591,353 over a five-year period with future funding contingent on Council budget approval; and 3) Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. OPEN STREETS EVENT 3.R. Authorization of Professional Services Agreements to Community Arts Resources (CARS) to produce .lune 5, 2016 Open Streets Event, was approved. Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute professional services Agreement No. 10276 (CCS) with Community Arts Resources (CARS), a California based company, to produce the June 5, 2016 open streets event in an amount not to exceed $150,000. 2. Authorize the City Manager to negotiate and execute a first modification to professional services agreement No. 9870 (CCS) in the amount of $57,000 with Community Arts Resources (CARS), a California based company, to provide additional production services for the June 5, 2016 open streets event. This will result in a two-year amended agreement in an amount not to exceed $257,000, with three additional one year renewal options in the amount of $300,000, on the same terms and conditions for a total amount not to exceed $557,000 with future year funding contingent on Council budget approval. ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2511 (CCS) LOBBYING entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING LOBBYING", was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Himmelrich, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None STAFF 8.A. Leasing Policy for Santa Monica Airport, was presented. 9 March 22, 2016 ADMINISTRATIVE ITEMS: Recommended Action SANTA MONICA Staff recommends that the City Council: AIRPORT LEASING 1. Approve the attached Santa Monica Airport Leasing and Licensing POLICY Policy for the leasehold and license management of properties at the Santa Monica Airport (Airport or SMO). 2. Authorize the City Manager to negotiate and execute leases at the Santa Monica Airport in accordance with this Policy. Members of the public Peter Donald, Lael, Robert Rigdon, Stacy Howard, Omar Palido, Mike Salazar, James McKie, William Weishaupt, Zina Josephs, Alan Leverson, Y Gurse, Martin Rubin, Andrew Hoyer, Mark Biskeborn, Jim Redden, Jerry Rubin, Joe Schmitz (time donated by Joan V.T. Schmitz), Jonathan Stein, Hong Sun Stein, spoke generally in favor of the recommended action. Members of the public Denise Barton, John Jerabek spoke generally in opposition to the recommended action. Motion by Mayor Pro Tem Winterer, seconded by Councilmember Davis, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None PRIORITY PARK 8.B. Selection of Priority Park Projects for Inclusion in the Los PROJECTS Angeles Countywide Comprehensive Parks & Recreation Needs Assessment Report, was presented. Recommended Action Staff recommends that the Council review and consider the recommendations from the Recreation and Parks Commission, staff, and community input and formally select the City's highest priority park projects to be included in the Los Angeles Countywide Parks Needs Assessment Report. Members of the public David Newberg, Steve Weinberg, Marc Leggett, Carole Broder, Ron Goldman, Zina Josephs, Barbara Pomykalsi, Cris Gutierrez, Shay Beebe, Daniel Callahan, Adria McFerson, Tiffany Brown, Andrew Gledhill, Shawn Landres, spoke generally in favor of the recommended action. Questions asked of staff included: the point system and how it works with 10 March 22, 2016 association to acquiring land; the potential for how much acreage would be needed, and if it fits within the current point system; how many points would be used to provide improvements to the Lincoln School pool to make it more accessible to the community; how fiends from the county could be used for park infrastructure improvements; and, how much county funding should be expected to receive if a bond is approved. Considerable discussion ensued on topics including, but not limited to: adding a hockey field and ice rink, but parking would need to be included; add a point to renovate Stewart Street Park; remove the Airport Park's 12 acres due to timing issues involving litigation, move some of these points around to acquire land to be used to create new parks; and, the City should take advantage of the land that we do own to turn it into parks and open space, instead of developing it for other purposes. _Motion by Mayor Pro Tern Winterer, seconded by Councilmember McKeown, to adopt the staff recommendation, but take out the multi -use recreation facility, move one point from the bottom category up to renovate Stewart Street Park, change the bottom category to acquiring new lands for Parks and Community Gardens. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None COUNCILMEMBER 13.A. Request of Councilmember Winterer that the Council allocate DISCUSSION ITEMS: $7000 to the Ocean Park Association, a 501(c)3, to hire a professional FOURTH OF JULY coordinator to assist with organizing and staging of the annual Fourth PARADE of July Parade on Main Street, was presented. There were no members of the public to speak on this item. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Winterer, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None PUBLIC INPUT: Members of the public Denise Barton, Jacqueline Richardson, Andria Mc Ferson, Art Casillas, and, Jonathan Foster commented on various local issues. 11 March 22, 2016 ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:22 p.m. in memory of Keith Emerson, and the victims of the bombings in Brussels, and around the world. 12 March 22, 2016