0223 minutes.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 23, 2016
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Winterer at 5:34
p.m., on Tuesday, February 23, 2016, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Tony Vazquez (arrived at 5:37 p.m.)
Mayor Pro Tem Ted Winterer
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 5:38 p.m.)
Absent: Councilmember Terry O'Day
Also Present: City Manager Rick Cole
City Attorney Marsha Jones Moutrie
Acting City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:34 p.m.,
with all members present excepting Councilmembers O'Day, O'Connor,
and Mayor Vazquez. Councilmember Davis led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Mayor Vazquez arrived at
5:37 p.m. On order of the Mayor Pro Tem, the City Council recessed at 5:36 p.m., to
Councilmember O'Connor consider closed sessions and returned at 6:41 p.m., with Councilmember
arrived at 5:38 p.m. O'Day absent, to report the following:
I.A. Public Employee Appointment
Title: City Clerk
The Mayor reported that the Council decided to appoint Acting City Clerk,
Denise Anderson -Warren as the new City Clerk, at a salary of $183,000 a
year.
Motion by Mayor Vazquez, seconded by Myor Pro Tem Winterer, to
appoint Denise Anderson -Warren as the City Clerk. The motion was
approved by the following vote:
1 February 23, 2016
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Connor,
Mayor Pro Tern Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
I.R. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Rush v. City of Santa Monica, United States District
Court Case # 2:15-CV01304-DSF-MANx
The City Attorney advised that this was a Civil rights case, and
recommended a settlement in the amount of $125,000.
Motion by Councilmember Mcl,�-eown, seconded by Councilmember Davis,
to approve Settlement Agreement No. 10261 (CCS), in the amount of
$125,000. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
I.C. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956,9(4)(1): City of Santa Monica v. Justice Aviation, Los Angeles
Superior Court Case Number 16R00754
The City Attorney advised that this item was heard, with no reportable
action taken.
SPECIAL AGENDA 2.A. Proclamation: Women's History Month, was presented to the
ITEMS: Commission on the Status of Women.
WOMEN'S HISTORY
MONTH Member of the public Goddess of Victory commented on this item.
CITY MANAGER'S 2.13. City Manager's Report: Update on Expo Rail, was presented.
REPORT
REPORT ON MEETING Pursuant to State law, City Clerk Denise Anderson -Warren announced that
COMPENSATION Council will receive no compensation for meeting as the Redevelopment
Successor Agency.
CONSENT CALENDAR: There being a Consent Calendar for the Redevelopment Successor Agency,
JOINT MEETING WITH the Mayor, with the consensus of the Councilmembers, convened to a joint
THE REDEVELOPMENT meeting with the Redevelopment Successor Agency at 7:21 p.m., and the
SUCCESSOR AGENCY two Consent Calendars were heard concurrently, with Councilmember
2 February 23, 2016
O'Day absent.
All items were considered and approved in one motion unless removed by
an Agency/Councilmember for discussion.
Members of the public Boston Dan, Zina Josephs, Denise Barton,
Johnathan Foster, and, Lewis Perkins commented on various Consent
Calendar items.
At the request of Agency/Councilmember Himmelrich, Item 34 was
removed from the Consent Calendar.
Motion by Agency/Councilmember O'Connor, seconded by Chair Pro
Tem/Mayor Pro Tem Winterer, to approve the Consent Calendar, with the
exception of Item 3-J, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Agency/Councilmembers O'Connor, Himmelrich, Davis,
McKeown, Chair Pro Tem/Mayor Pro Tem Winterer,
Chair/Mayor Vazquez
NOES: None
ABSENT: Agency/Councilmember O'Day
MINUTES 3.A. Approval of Minutes for the City Council - Special Meeting -
Jan 26, 2016, were approved.
MINUTES 3.8. Approval of Minutes for the City Council - Regular and Special
Joint Meeting - Jan 26, 2016, were approved.
TIRE PURCHASE 3.C. Bid Award for Purchase of Medium and Heavy Duty Tires, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44218 to Industrial Tire Service, Inc., a California-based
company for the purchase and delivery of miscellaneous medium
and heavy-duty tires, new and recapped, and related services.
2. Authorize the Purchasing Services Manager to issue a purchase
order with Industrial Tire Service, Inc. for the purchase and delivery
of miscellaneous medium and heavy-duty tires, new and recapped,
and related services in the amount not to exceed $84,105 for one
year, with three additional one-year renewal options at an additional
3% increase per year, for a total not to exceed $351,864, with future
year funding contingent on Council budget approval.
3 February 23, 2016
FIRE DEPARTMENT 3.D. Fire Department Training Center and Temporary Fire Station
Modular Building, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2401 to Atlas Performance Industries, Inc. (API), a
California-based company, for the Fire Department Training
Center and Temporary Fire Station Modular Building.
2. Authorize the City Manager to negotiate and execute Contract No.
10252 (CCS) with Atlas Performance Industries, Inc., in an
amount not to exceed $694,857 (includes a 10% contingency).
3. Authorize the Director of Public Works to issue any necessary
changes to complete additional work within contract authority.
BIKE SHARE 3.E. Memorandum of Understanding with the City of Los Angeles
for Venice area Breeze Bike Share Stations Installation and operation,
was approved.
Recommended Action
Staff recommends that the Council:
I. Authorize the City Manager to execute Memorandum of
Understanding (MOU) No. 10253 (CCS) with the City of Los
Angeles for the installation of Breeze Bike Share Stations and bike
share operation in the Venice area of the City of Los Angeles.
2. Authorize the City Manager to execute future Memorandum of
Understandings (MOU) with the City of Los Angeles for the
installation and operation up to 15 additional Breeze Bike Share
Stations in other adjacent areas, not to exceed 20 City of Los
Angeles stations.
AUDITING SERVICES 3.F. Professional Auditing Services for the City of Santa Monica,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 62 to Lance, Soll & Lunghard, LLC, a California-
based company for professional external auditing services; and
2. Authorize the City Manager to negotiate and execute five-year
Agreement No. 10254 (CCS) with Lance, Soll & Lunghard, LLC,
for a total amount not to exceed $779,175 over a five-year period,
with future year funding contingent on Council budget approval.
Costs for the first year of the agreement will not exceed $149,725;
each year thereafter contains an annual increase of 2%.
MONITORING PLAN 3.G. Cost -Sharing Memorandum of Agreements with the City of Los
Angeles for the Coordinated Integrated Monitoring Plan for the Santa
4 February 23, 2016
Monica Bay and Ballona Creek, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Memorandum of Agreements (MOA) No. 10255
(CCS) with the City of Los Angeles to implement cost -share monitoring
plans to comply with the Los Angeles Regional Water Quality Control
Board's NPDES permit requirements for the Santa Monica Bay, $438,886,
and Ballona Creek, $9,728.
CLEAN ENERGY (PACE) 3.11. Adopt Resolutions to Authorize Additional Property Assessed
PROVIDERS Clean Energy (PACE) providers, was pulled at request of staff.
Recommended Action
Staff recommends that City Council:
1. Adopt Resolutions authorizing additional Property Assessed Clean
Energy (PACE) programs through the following joint powers
authorities: California Home Finance Authority, California
Enterprise Development Authority, California Municipal Finance
Authority, and California Statewide Communities Development
Authority.
2. Authorize the City Manager to negotiate and enter into member
agreements with the following Joint Powers Authorities (JPAs):
California Home Finance Authority and California Enterprise
Development Authority.
UNIFORMS AND 3.1. Purchase of Uniform and Protective gear for Public Safety
PROTECTIVE GEAR Employees, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4209 to Uniform Warehouse, a California-based
company for the purchase of uniforms and protective gear for
Public Safety employees;
2. Authorize the Purchasing Services Manager to issue a purchase
order with Uniform Warehouse for uniform and protective gear in
the amount not to exceed $218,050 for one year, with 4 -additional
1 -year renewal option(s) to extend on the same terns and
conditions for a total not to exceed $1,090,250, with future year
funding contingent on Council budget approval.
APPLICANT TRACKING 3.K. Authorization to execute a contractual services agreement with
SOFTWARE Governmentjobs.com, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
5 February 23, 2016
negotiate and execute contractual services Agreement No. 10257 (CCS)
with Governmentjobs.com, Inc. dba NEOGOV, a California-based
company, for Human Resources' applicant tracking software, under an
exception to competitive bidding, in an amount not to exceed $36,000 for
two years, with three additional one-year renewal option(s), each of which
are subject to a 3% annual increase, otherwise on the same terns and
conditions for a total amount not to exceed $93,305 over a five-year period,
with future year funding contingent on Council budget approval.
MEETING 3.L. Cancellation of Regular City Council Meeting Scheduled for
CANCELLATION March 8, 2016, was approved.
Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting
scheduled for March 8, 2016, due to a lack of quorum, and schedule a
special meeting at 5:30 p.m. on Tuesday, March 1, 2016, in City Hall.
RESCUE VEHICLE 3.M. Award Bid for Purchase of Urban Search and Rescue Vehicle,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4227 to Emergency Vehicle Group (EVG) Inc., a
California-based company, for the purchase of one Urban Search
and Rescue Vehicle;
2. Authorize the City Manager to negotiate and execute contractual
service Agreement No. 10258 (CCS) with EVG Corporation in an
amount not to exceed $998,000, which includes a 10%
contingency.
WASTEWATER MAIN 3.N. 2015 Annual Wastewater Main Improvements Project, was
IMPROVEMENTS approved.
PROJECT
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2380 to Ramona, Inc., a California-based
company, for the 2015 Arnival Wastewater Main Improvements
Project.
2. Authorize the City Manager to negotiate and execute Contract No.
10259 (CCS) with Ramona, Inc., in an amount not to exceed
$2,731,190 (including 15% contingency).
3. Authorize the City Manager to negotiate and execute Contract No.
10260 (CCS) with Willdan Engineering, a California-based
company, in an amount not to exceed $252,000 (including a 10%
contingency) for construction management and inspection services
for the 2015 Annual Wastewater Main Improvements Project.
6 February 23, 2016
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
JOINT MEETING WITH 3.0. Annual Update on City Investment Policy, was approved.
THE REDEVELOPMENT
SUCCESSOR AGENCY Recommended Action
CITY INVESTMENT Staff recommends that the City Council:
POLICY 1. Review and approve the City's revised Investment Policy including
the addition of a citizen representative to the City's Investment
Committee;
2. Extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2016 through February
28, 2017; and
3. Adopt attached Resolution No. 10934 (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.
Staff also recommends that the Successor Agency Governing Board:
1. Review and approve the City Investment Policy for Successor
Agency Investments;
2. Extend investment authority to the Treasurer of the Successor
Agency, from March 1, 2016 through February 28, 2017; and
3. Adopt attached Resolution No. 29 (SA) authorizing the
establishment of bank and brokerage accounts and approving the
list of persons authorized to conduct transactions with the State
Local Agency Investment Fund on behalf of the Successor Agency.
ADJOURNMENT OF On order of the Chair/Mayor, the joint meeting with the Redevelopment
JOINT MEETING Successor Agency was adjourned at 7:33 p.m., and the regular meeting of
the City Council was reconvened, with Councilmember O'Day absent.
BUS STOPS 3.J. Custodial and Maintenance Services for Big Blue Bus (BBB)
Bus Stops and Zones Located Within and Outside of Santa Monica,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44144 to Shelter Clean Services, Inc., a California-based
company, to provide custodial and maintenance services for Big
Blue Bus (BBB) bus stops and zones located within and outside of
the City of Santa Monica.
2. Authorize City Manager to negotiate and execute Contractual
7 February 23, 2016
Services Agreement No. 10256 (CCS) with Shelter Clean Services,
Inc., in an amount not to exceed $155,000 for one year with one
additional one year renewal option in the amount of $160,000 on
the same terms and conditions for a total amount not to exceed
$315,000 over a two year period, with future year funding
contingent on Council budget approval.
This item was pulled by Councilmember Himmelrich to question why the
City is choosing to use contract labor instead of using City Staff, and the
pay rate that contractors will be paying their employees to perform this job.
Staff responded to questions satisfactorily.
Motion by Mayor Pro Tem Winterer, seconded by Councilmember
Himmelrich, to approve the staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
ORDINANCES: i.A. Second Reading and Adoption of Ordinance No. 251.0 (CCS)
SPEED LIMITS entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING SPEED LIMITS FOR
CERTAIN STREETS PURSUANT TO THE CALIFORNIA VEHICLE
CODE AND AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.12.490," was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
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'Connor
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
PUBLIC HEARINGS: 9.A. State of the Water Fund, was presented.
WATER FUND
Recommended Action
Staff recommends that the City Council suspend part of the 9% water rate
increase authorized by Council to go into effect on January 1, 2016 and
authorize a 5% increase. The partial suspension would reduce the water
8 February 23, 2016
rate increase scheduled to go into effect on January 1, 2016 from 9% to 5%.
This rate adjustment would be in effect until December 31, 2016.
Questions were asked of staff regarding penalties, conservation block
charges and fixed charges, and ground water supply. Staff responded to
questions.
Members of the public Conner Everets, Johnathan Foster, Jerry Rubin, and
Brian Hutchings spoke in favor of the recommended action.
Motion by Councilmember McKeown seconded by. Mayor Pro Tem
Winterer, to approve the recommendation.
Councilmember Himmelrich made a friendly amendment, when this returns
next year to have a look at the revised rate structure as proposed by the two
groups of experts on water rates. The maker and seconder accepted the
amendment to include the information provided by the experts as friendly,
but not to restructure rates.
The amended motion was approved by the following vote:
AYES: Councilmembers, O'Connor, Himmehich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
RESOLUTIONS: I I.A. Consideration of the Pedestrian Action Plan, was presented.
PEDESTRIAN ACTION
PLAN Recommended Action
Staff recommends that the City Council hold a public hearing, receive
public comment, and adopt attached Resolution No. 10935 (CCS) entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE OFFICIAL DISTRICTING MAP FOR 1419
19TH STREET," and the Pedestrian Action Plan. The Pedestrian Action
Plan contains goals, policies, practices, programs, built projects,
implementation priorities, and a framework for strategic on-going
investments that enhances pedestrian safety and comfort.
Questions of staff included: with regard to the Pedestrian walk phase, what
are special circumstances that make it inappropriate to not time traffic
signals to automatically allow pedestrians to cross, and how widespread
will that be in this plan; why are certain locations more prone to accidents
than others, what can we do to reduce pedestrian crashes, why is there a
disproportionate amount of pedestrian accidents in some areas more than
others, are we constrained by State law regarding signage, and, is there
more that we can do to provide better signage. Staff responded to questions.
9 February 23, 2016
Members of the public Denise Barton, Jerry Rubin, and Lewis Perkins
spoke to the recommended action.
Considerable discussion included, but no limited to: improving lighting on
the streets for safety reasons, especially for Seniors; reflective clothing
giveaways to promote awareness; work on better communications to the
public to promote better education involving pedestrian travel; innovative
intersection options to be considered in future plamling; encourage safety,
place making, and support education; give pedestrians reasons to walk, and
places to walk with good pedestrian amenities; regional partners
encouraging multi -modal options supporting walking, biking, and other
transportation models.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to approve the recommendation, including those incorporated
the changes in Attachment D, as well as the Draft Plan. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Connor
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Day
141919TH STREET 11.8. Amendment to the Official Districting Map for 1419 19th
Street, was presented.
Recommended Action
Staff recommends that the City Council adopt Resolution No. 10936 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP
FOR 1419 19TH STREET."
Questions asked of staff included the parcel location, is this an appeal of
the Planning Commission, or is it a procedural matter granted to the
property owner. Staff responded.
Members of the public Paula Laimore (time donated by Morad
Memarzabel), and Denise Barton on the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
10 February 23, 2016
NOES: None
ABSENT: Councilmember O'Day
COUNCILMEMBER 13.A. Appointment to one annual vacancy on the Clean Beaches
DISCUSSION ITEMS: Ocean Parcel Tax Citizens Oversight Committee for a term ending on
CLEAN BEACHES 1213112017.
OCEAN PARCEL TAX
CITIZENS OVERSIGHT Member of the public Brian Hutchings, spoke on this item.
COMMITTEE
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich nominated Mary Marlow
Councilmember O'Connor nominated Mark Pritchard
Mary Marlow was appointed by the following vote, with Councilmember
O'Day absent:
Marlow: Councilmembers McKeown, Davis, Himmelrich,
Councilmember O'Connor Mayor Pro Tem Winterer, Mayor Vazquez
was excused at 9:42 p.m. Pritchard: Councilmember O'Connor
PUBLIC INPUT: Members of the public Kelly McGuir, Aura Berciano (translated by Juan
Carlos Espirial), Boston Dan, Valarie Esteen, Johnathan Foster, Michael
Toney, At Casillas cormnented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:08
p.m. in memory of Jeannine Robin Wainrib, Sheila Ostrow, Tamara
Mugalian, James Keane, and Charles Garabedian.
ATTEST:
Denise Anderson -Warren
City Clerk
11 February 23, 2016