AGENDA

 

CITY OF SANTA MONICA

 

REGULAR CITY COUNCIL MEETING AGENDA

 

CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET

 

TUESDAY, JULY 14, 2015

 

 

MEETING BEGINS AT 5:30 P.M.

 

 

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

 

(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

 

1.   CLOSED SESSIONS:

 

1-A:     Conference with Labor Negotiator.

City Negotiator:      Donna C. Peter, Director of Human Resources

Bargaining Units:   California Teamsters Local 911 (Teamsters)

                                                Public Attorneys Union (PAU)

 

1-B:     Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Riel v. City of Santa Monica, United States District Court, Central District, Western Division Case Number 2:14-CV-04692

 

1-C:     Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)- 1 case: 423-429 Ocean Avenue

 

1-D:     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


1-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, et al. v.          Nugent, et al., Los Angeles Superior Court Case Number SC 124 122

 

1-F:     Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):   City of Santa Monica, et al. v.          Ornstein, et al., Los Angeles Superior Court Case Number SC 124 123

 

1-G:     Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):   City of Santa Monica, et al. v.          Bader, et al., Los Angeles Superior Court Case Number SC  124 124

 

1-H:     Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):   City of Santa Monica, et al. v.          Levy, et al., Los Angeles Superior Court Case Number SC 124 125

 

1-I:       Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):   City of Santa Monica, et al. v.          Phibiln, et al., Los Angeles Superior Court Case Number SC 124 126

 

1-J:      Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):   City of Santa Monica, et al. v.          Greene, et al., Los Angeles Superior Court Case Number SC 124 127

 

1-K:     Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):   City of Santa Monica, et al. v.          Prager, et al., Los Angeles Superior Court Case Number SC 124 128

 

1-L:     Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):  United States of America, ex            rel. Mark Baird, Justin Frith, Rick Larson and David Moran v. City of Santa Monica and Gerber Ambulance Co., United States District Court Case Number 11-cv-06632.

           

 

The following is the order of business for items to be heard no earlier than 6:30 p.m.

 

2.  SPECIAL AGENDA ITEMS:

 

2-A:     Recognition of the People's Academy spring 2015 graduating class

 

2-B:     Proclamation declaring July 2015 as Park and Recreation Month


3.  CONSENT CALENDAR:  (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

 

3-A:     Approval of minutes for the June 9 and 23, 2015, City Council meetings.

 

            STAFF REPORT

 

3-B:     Upholstery Services for Transit Buses and Fire Vehicles – recommendation that the City Council: (1) Award Bid #4180 to Ye Olde Upholstery Shoppe, to provide upholstery services for transit and Fire vehicles; and (2) Authorize the City Manager to negotiate and execute a contractual service agreement with Ye Olde Upholstery Shoppe, in an amount not to exceed $102,300 for one year, with two additional one-year renewal option(s) in the amount of $204,600, under the same terms and conditions for a total amount not to exceed $306,900 over a three-year period, with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-C:     Transit Bus Electronic Equipment and Service  - recommendation that the City Council: (1)  Award Bid #4185 to Intercon Technologies, Inc., for the purchase of vehicle electronic equipment and service for transit buses; and 2. Authorize the City Manager to negotiate and execute a contractual service agreement with Intercon Technologies, Inc., in an amount not to exceed $131,750 for one year, with two additional one-year renewal option(s) in the amount of $263,500, under the same terms and conditions for a total amount not to exceed $395,250 over a three-year period, with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-D:     Bid Award for Purchase of Fourteen Kia Soul Electric Vehicles - recommendation that the City Council: (1) Award Bid #4207 to Wondries Fleet Group for the purchase and delivery of 14 Kia Soul electric vehicles; (2) Authorize the Purchasing Services Manager to issue a purchase order with Wondries Fleet Group for the purchase and delivery of 14 Kia Soul electric vehicles in an amount not to exceed $563,453 with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-E:     Amend Purchase Order for One Additional Tennant Scrubber-Sweeper and Modify Contract for Full Service Maintenance – recommendation that the City Council: (1) Approve a change order to Blanket Purchase Order 24327-OF in the amount of $69,251 with Tennant Company for the purchase and delivery of one additional Tennant M30 scrubber-sweeper. This would result in a revised blanket purchase order total not to exceed $277,003; (2) Authorize the City Manager to negotiate and execute a first modification to contractual service agreement #10017 (CCS) in the amount of $33,192 with Tennant Company for the full service maintenance agreement for one additional Tennant M30 scrubber-sweeper, resulting in a one year amended contractual service agreement with a new total amount not to exceed $147,705; and (3) authorize budget changes.

 

            STAFF REPORT


3-F:     Award Bid for Asphalt Materials – recommendation that that the City Council: (1) Award Bid #4202 to Blue Diamond Materials for the purchase and delivery of asphalt materials; and (2) Authorize the Purchasing Services Manager to issue a purchase order with Blue Diamond Materials for the purchase and delivery of asphalt in the amount not to exceed $206,780 for one year, with two additional one-year renewal options  with a 5% increase each renewal year for a total not to exceed $651,874, with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-G:     Award Contract for Crosswalk Renewal Program  - recommendation that the City Council: (1) Award Bid #4200 to Superior Pavement Markings, Inc., for crosswalk striping services; (2)  Authorize the City Manager to negotiate and execute a contractual service agreement with Superior Pavement Markings, Inc. for crosswalk striping services in an amount not to exceed $297,000; and (3) Approve a change order to purchase order #367308 in the amount of $53,000 with Flint Trading, Inc., for the purchase and delivery of pre-formed thermoplastic material, resulting in a revised purchase order total not to exceed $180,853 over three years.

 

            STAFF REPORT

 

3-H:     Award Bid for Traffic Paint Materials – recommendation that the City Council: (1)  Award Bid #4199 to Ennis Paint, Inc. and to American Traffic Products, Inc. for the purchase and delivery of traffic paint and paint supplies; (2) Authorize the Purchasing Services Manager to issue a purchase order with Ennis Paint, Inc. for the purchase and delivery of traffic paint and paint supplies in the amount not to exceed $39,540 for one year, with two additional one-year renewal options to extend with an increase based on the Consumer Price Index (CPI) for a total not to exceed $122,214 with future year funding contingent on Council budget approval; and (3) Authorize the Purchasing Services Manager to issue a purchase order with American Traffic Products, Inc. for the purchase and delivery of traffic paint and paint supplies in the amount not to exceed $33,323 for one year, with two additional one-year renewal options including a 3% increase each year for a total not to exceed $102,999 with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-I:       Award Bid for Purchase of Portland Cement  – recommendation that the City Council: (1) Award Bid #4201 to Logans Marketing for the purchase and delivery of mixed Portland cement concrete; and (2) Authorize the Purchasing Services Manager to issue a purchase order with Logans Marketing for the purchase and delivery of mixed Portland cement concrete in an amount not to exceed $105,245 for one year, with one additional renewal option to extend one year including a 5% increase for a total not to exceed amount of $215,753 over two years, with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-J:      Resolution Authorizing the City Manager to Execute a Memorandum of Understanding for the Management Team Associates (MTA) – recommendation that the City Council: (1) Adopt the attached resolution accepting the tentative agreement and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the City’s Management Team Associates (MTA) bargaining unit; and (2) Approve the attached revised salary schedule effective as a result of the negotiated tentative agreement reached for the classifications represented by the MTA.

 

            STAFF REPORT

 

3-K:     Request for Authorization to Negotiate and Execute a License Agreement with Macerich SMP LP, for Parking Equipment – recommendation that the City Council authorize the City Manager to negotiate and execute a new license agreement with Macerich SMP LP for up to 10 years to install, maintain, and operate parking equipment, resulting in a five year agreement, with one five year option to renew.

 

            STAFF REPORT

                                                         

3-L:     License Agreement with Macerich SMP LP, to Use Reserved Spaces in Parking Structure 8 – recommendation that the City Council authorize the City Manager to negotiate and execute a new license agreement with Macerich SMP LP for up to 6 years to use reserved spaces in Parking Structure 8 for valet parking, resulting in a three year agreement, with one three year option to renew.

 

            STAFF REPORT

 

3-M:    Agreement with Briotix, Inc. for Workplace Injury Prevention Services – recommendation that the City Council: (1)  Award RFP# 27 to Briotix, Inc. for workplace injury prevention services; and (2)    Authorize the City Manager to negotiate and execute a three-year professional services agreement with Briotix, Inc., in an amount not to exceed $240,348, with two additional one-year renewal options with a total amount not to exceed $412,838 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 $77,760; each year thereafter contains an annual increase based on the Consumer Price Index capped at 3%.

 

            STAFF REPORT

 

3-N:     Application for US Bureau of Reclamation WaterSMART: Drought Resiliency Project Grants Program for Fiscal Year 2015 –recommendation that the City Council: (1) Adopt the attached resolution authorizing the application for grant funds in the amount of $300,000 from the United States Bureau of Reclamation WaterSMART: Drought Resiliency Project Grants for Fiscal Year 2015 Grants Program for the Santa Monica Drought Resiliency Infrastructure Project; (2) Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded; and (3) Authorize budget changes in the event that the grant is awarded.

 

            STAFF REPORT

 

3-O:     Agreement for Occupational Medical Testing Services - recommendation that the City Council: (1) Award RFP# 17 to Westchester Medical Group for Occupational Medical Testing Services; and (2) Authorize the City Manager to negotiate and execute a professional services agreement with Westchester Medical Group, in an amount not to exceed $1,250,000 over a five year period with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 


3-P:     Award Bid for the Purchase of Pool Chemicals for the Swim Center -  recommendation that the City Council: (1) Award Bid #4205 to Commercial Aquatic Services, Inc., for the purchase of pool chemicals for the Santa Monica Swim Center; and (2)  Authorize the Purchasing Services Manager to issue a purchase order with Commercial Aquatic Services, Inc. for the purchase of pool chemicals in the amount not to exceed $82,500 (includes a 20% contingency) for one year, with two additional one-year renewal options at the same terms and conditions for the first renewal year, and 5% increase for the third renewal year for a total not to exceed $251,625 over three years, with future year funding contingent on Council budget approval.

 

            STAFF REPORT

 

3-Q:     Fairview Brand Library Renovations – recommendation that the City Council: (1) Award Bid SP2263 to JR Universal Construction, Inc., for the Fairview Branch Library Renovation project; (2) Authorize the City Manager to negotiate and execute a contract with JR Universal Construction, Inc. in an amount not to exceed $907,975 (including a 10% contingency); (3) Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and (4) authorize budget changes.

 

            STAFF REPORT

 

7.  ORDINANCES:  (Public comment is permitted on ordinances for introduction and first reading.  No public discussion is permitted on ordinances for second reading and adoption.)

 

7-A:     Introduction for First Reading of an Ordinance Regulating Lobbying and Request to Consider Changing Rules on Disclosures.

 

            STAFF REPORT

 

7-B:     Introduction for First Reading of an Ordinance Permitting Public Safety Dispatcher Participation the Peace Officer Standards and Training (POST) Program.

 

            STAFF REPORT

 

7-C:     Introduction for First Reading of an Ordinance Setting the FY2015-16 Tax Rate for the 2012 Library General Obligation Refunding Bonds.

 

            STAFF REPORT

 

7-D:     Introduction for First Reading of an Interim Ordinance Extending Interim Ordinance 2487 (CCS) Establishing Development Procedures and Standards in the Downtown Core Land Use Designation Pending Adoption of the City’s Downtown Specific Plan.

 

            STAFF REPORT

 

8. STAFF ADMINISTRATIVE ITEMS:

 

8-A:     Santa Monica Pier Governance Recommendations, Board Appointment Schedule and Proposed New Corporation Services Agreement  - recommendation that the City Council: (1) Receive and file the Santa Monica Pier Board Governance Recommendation; (2) Extend the terms of the existing interim Board of the Santa Monica Pier Corporation until December 31, 2015; (3)  Authorize the City Manager to negotiate and execute a new Service Agreement with the Santa Monica Pier Corporation; and (4) Set November 10, 2015 for Consideration of Pier Board Appointments for terms beginning January 1, 2016.

 

            STAFF REPORT

 

8-B:     Lincoln Boulevard Property-Based Assessment District and Colorado Avenue PBAD Overlay Zone – recommendation that the City Council: (1) Accept the certified election results as tabulated by the City Clerk for the Lincoln Boulevard Property-Based Assessment District (PBAD) and Colorado Avenue PBAD Overlay Zone; (2) Adopt Resolutions Approving Engineer’s Reports and the Levying of Assessments on parcels within the assessment areas; (3) Authorize the City Manager to negotiate and execute a modification to the existing Services Agreement with Downtown Santa Monica Inc. (DTSM) to implement and administer the newly established assessment areas, as well as execute a modification to the existing Maintenance Services Agreement with DTSM for enhanced maintenance services for the City-owned Big Blue Bus property at 612 Colorado Avenue at a cost of $25,000 for the first year; and (4)  Approve budget changes as noted in the Financial Impacts and Budget Actions section of this report.

 

            STAFF REPORT

8-C:     Airport Leases with Ruskin Theater, Atlantic Aviation, Krueger Aviation, Gunnell Properties, American Flyers, Spitfire Grill, Typhoon, and Miscellaneous Tenants and Update on Airport Issues – recommendation that the City Council authorize the City Manager to negotiate and execute new Santa Monica Airport leases with aviation and non-aviation tenants at market rates and on terms consistent with the guidance provided at its meeting of March 24, 2015.

            STAFF REPORT

            SUPPLEMENTAL STAFF REPORT

            ADDITIONAL SUPPLEMENTAL STAFF REPORT

 

11.  RESOLUTIONS:

 

11-A:   Establishment of an Audit Committee – recommendation that the City Council: (1) Adopt the attached resolution of the City of Santa Monica establishing an audit committee; and (2) Appoint members to serve on the audit committee.

 

            STAFF REPORT

 

13.  COUNCILMEMBER DISCUSSION ITEMS:

 

13-A:   Annual Appointments to the following Boards and Commissions:

            Board/Commission

No. of Appts.

Term Ending

Planning Commission

1

6/30/2019

Santa Monica Pier Corporation

7

6/30/2017

Social Services Commission

3

6/30/2019

 

            (Continued from the June 23, 2015 meeting.)

 

            Note: Staff will request continuance of the Social Services Commission appointments to a date uncertain.

 


13-B: Request of Mayor McKeown, Mayor pro tem Vazquez, and Councilmember Davis that Council support SB593 (McGuire), which has been amended at Santa Monica’s suggestion to preserve local control over vacation rental ordinances while requiring internet platforms to share appropriate booking location and price data, and direct City staff to convey Santa Monica’s support to state legislators and the Governor.

 

13-C:  Request of Mayor McKeown and Councilmembers O’Connor and Winterer that Council allocate $15,000 of already-budgeted Council contingency funds for the Santa Monica Sister City Association, through its Sister City Foundation, to develop and expand Santa Monica’s cultural and academic relationships with other cities and to help fund youth travel to sister cities where local family income levels might otherwise make equitable participation challenging.

 

13-D:  Recommendation to accept Peter Shellenbarger’s resignation from the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee and authorize the City Clerk to publish the vacancy.

 

13-E:   Recommendation to accept Jossimar Fuentes’ resignation from the Social Services Commission and authorize the City Clerk to publish the vacancy.

 

13-F:  Request of Mayor McKeown, Mayor pro tem Vazquez, and Councilmember Himmelrich that the Council allocate from its already-budgeted contingency fund $10,000 as a founding contribution to the David B. Finkel Social Justice Scholarship, via the Santa Monica College Foundation, to be used as matching funds to encourage further donations to support our community’s low-income youth in getting a college education.

 

13-G:  Request of Mayor McKeown and Councilmember Himmelrich that Council direct staff to evaluate potential improvements to Santa Monica's Affordable Housing Production Plan in light of recent court decisions, and return to Council with analysis and recommendations.

 

13-H:  Request of Mayor McKeown and Councilmember Himmelrich that Council direct staff to return with proposals for a comprehensive City of Santa Monica ethics code, with the following goals: a) To establish standards of ethical conduct — especially those dealing with conflicts between personal interests and those of the City — for City officials, employees, consultants, candidates, and those who do business with the City; (b) To provide clear guidance with respect to such standards by clarifying which acts are allowed and which are not; (c) To promote public confidence in the integrity of our City's governance and administration; (d) To provide for the consideration of potential ethical problems before they arise,     so as to minimize unwarranted suspicion and enhance the accountability of our City's government to Santa Monica residents; and (e) To provide for the fair and effective administration and enforcement of this code.

 

            REPORT

 

            ATTACHMENT

 

 

14.  PUBLIC INPUT:  (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City.  State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

 

ADJOURNMENT.

 

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the City Clerk's Counter located at City Hall, 1685 Main Street, Santa Monica, and at the City’s public libraries during normal business hours.  Documents are also available at http://www.smgov.net/departments/clerk/agendas.aspx.

 

For a free subscription to City Council Agendas sign up at http://www01.smgov.net/win or call the City Clerk’s Office at (310) 458-8211.

 

Any member of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA  90401.  Comments may also be e-mailed to:  clerk@smgov.net

 

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

 

 

City Hall and the Council Chamber is wheelchair accessible.  If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.  This agenda is available in alternate format upon request by calling the City Clerk’s Office.

 

Parking is available in front of City Hall and on Olympic Drive and in the Civic Center Parking Structure (validation free).