m101315.pdfCITY OF SANTA MONICA
CITY COUNCIL, MINUTES
OCTOBER 13, 2015
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:31 p.m., on
Tuesday, October 13, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez
Councilmember Gleam Davis
Councilmember Sue Himmelich (arrived via teleconference at 7:10 p.m.)
Councilmember Pam O'Connor (arrived at 6:00 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 5:31 p.m., with all
members present excepting Councilmember Himmelrich. Deirdre
McKeown led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember O'Connor On order of the Mayor, the City Council recessed at 5:34 p.m,, to consider
arrived at 6:00 p. ni. closed sessions and returned at 7:10 p.m., with all members present and
Coruncilmember Hirmmelrich teleconferencing from 3 5 East 761h Street,
New York City, New York 10021, to report the following:
LA. Public Employee Evaluation. Title of Employee: City Clerk.
The City Attorney advised this matter was not heard.
J.H. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956(4)(1): City of Santa Monica v. United States America, et al,
USCA - 9th Circuit Case No. 14-
55583 (USDC Case No. CV 13-8046-JFW)
The City Attorney advised this matter was heard with no reportable action
taken.
October 13, 2015
I.C. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956(d)(t): In the Matter of Compliance with Federal Obligations By
the City of Santa Monica, California, FAA Docket No.16-14-04
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA 2.A. Proclamation: Community Planning Month, was presented by
ITEMS: Mayor McKeown.
Councilmember Himmelrich
appeared lelephonically at 2.B. Proclamation- Domestic Violence Awareness Month, was
7.• 10 p. m. presented by Mayor McKeown.
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 People of California commented
on various Consent Calendar items.
_Motion by Mayor Pro TemVazquez , seconded by Councilmember Davis,
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 O'Connor, O'Day, Winterer, Himmelrich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: None
MINUTES 3.A. City Council Minutes, Sepember 29, 2015, were approved.
PILOT CAR SHARE 3.B. Agreement for Pilot Car Share Services, was approved.
SERVICES
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 7-8-2015 to Zipcar Corporation, a Massachusetts-based
company, for the provision of car sharing services;
2. Authorize the City Manager to negotiate and execute Contract No. 10194
(CCS), with Zipcar Corporation at no cost for two years, with two
additional one-year renewal options at no cost, on the same terms and
conditions, for a total contract term not to exceed four years.
NATURAL GAS AERIAL 3.C. Award Bid for the Purchase of Three Compressed Natural Gas
TRUCKS Aerial Trucks, was approved.
2 October 13, 2015
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4206 to Altec Industries, a California-based company, for
the purchase and delivery of three Compressed Natural Gas Aerial
Trucks.
2. Authorize the Purchasing Services Manager to issue a purchase order
with Altee Industries for the purchase and delivery of thrcc Compressed
Natural Gas Aerial Trucks in an amount not to exceed $560,270.
HYBRID BUSES 3.D. Conversion of Two Gasoline/Electric Hybrid Buses to
Compressed Natural Gas, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute sole source
contractual services Agreement No. 10195 (CCS) with El Dorado
National, a California-based company, to convert two 2009 El Dorado
National 30 -foot buses from gasoline/electric power to compressed
natural gas (CNG). This is a two-year contract in an amount not to
exceed $552,000 (including a 5% contingency) with future year funding
contingent on Council budget approval;
2. Authorize the City Manager to issue a Notice to Proceed to El Dorado
National for the conversion of two 2009 El Dorado National 30 -foot
buses from gasoline/electric hybrid buses to compressed natural gas
(CNG);
Authorize the Director of Transit Services to issue any necessary
changes to complete additional work within contract authority.
TAX AUDIT 3.E. Sales, Use and Transactions Tax Audit and Information
Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 41 to Hinderliter, de Llamas & Associates, a California
based company, to provide sales, use, and transactions tax audit and
information services.
2. Authorize the City Manager to negotiate and execute professional
services agreement No. 10196 (CCS), with Hinderliter, de Llamas &
Associates for five years with an estimated total amount of $407,000.
ON BOARD 3.F. Award Bid to Provide Transit On Board Surveillance System
SURVEILLANCE Service and Repair, was approved.
SYSTEM
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4192 to Wincal Technology Corporation, a California -
October 13, 2015
based company, for transit onboard surveillance system service and
repair;
2. Authorize the City Manager to negotiate and execute a contractual
service agreement No. 10197 (CCS), with Wincal Technology
Corporation in an amount not to exceed $95,000 for one year, with two
additional one-year renewal option(s) in the amount of $198,636, on
the same terms and conditions with a 3% increase for the first renewal
period and subsequent renewal years, for a total amount not to exceed
$293,636 over a three-year period, with future year funding contingent
on Council budget approval.
REFUSE PACKER 3.G. Award Bid for Purchase of Two Front Load Refuse Packer
VEHICLES Vehicles, was approved.
Recommended Action
Staff recommends that the City Council:
I. Award Bid #4208 to Los Angeles Freightliner, a California-based
company, for the purchase and delivery of two Compressed Natural Gas
Front Load Refuse Packer Vehicles.
2. Authorize the Purchasing Services Manager to issue a purchase order
with Los Angeles Freightliner for the purchase and delivery of two
Compressed Natural Gas Front Load Refuse Packer Vehicles in an
amount not to exceed $686,202.
SHORT RANGE TRANSIT 3.11. Short Range Transit Plan, Application. for Funds, was approved.
PLAN
Recommended Action
Staff reconrrnends that the City Council:
1. Authorize the City Manager to file the Fiscal Year 2016 through Fiscal
Year 2018 Short Range Transit Plan (SRTP) with the Los Angeles
County Metropolitan Transportation Authority (Metro).
2. Adopt Resolution No. 10195 (CCS) entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
AUTHORIZE THE CITY MANAGER TO FILE THE FY 2016-2018
SHORT RANGE TRANSIT PLAN, TO FILE THE FY 2015-16
TDNSTA CLAIM, TO SUBMIT GRANT APPLICATIONS AND
TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS IN
FURTHERANCE OF THE SHORT RANGE TRANSIT PLAN"; and
3. Enter into agreements for transit funds for the pass-through of funds
and agreements for planning, programming and implementing transit
services and capital projects during FY 2016 through FY 2018.
BIG BLUE BUS 3.1. Award Construction Contract for Big Blue Bus Facilities
FACILITIES Lighting Upgrade Project, was approved.
4 October 13, 2015
Recommended Action
Staff recommends that the City Council:
1. Award Bid #2350 to Retro -Tek Energy Services, Inc., a California
based company, for construction of the Big Blue Bus Facilities Lighting
Upgrade project;
2. Authorize the City Manager to negotiate and execute Contract No.
10198 (CCS) with Retro -Tek Energy Services, Inc., in an amount not to
exceed $521,812 (includes a 10% contingency)
3. Authorize the Director of Public Works to issue any necessary change
orders to complete additional work within contract authority.
ANTISCALANT 3.J. Purchase of Reverse Osmosis Antiscalant Chemicals, was
CHEMICALS approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4214 to King Lee Technologies, a California-based
company, for the purchase and delivery of Reverse Osmosis Antiscalant
Chemicals;
2. Authorize the Purchasing Services Manager to issue a purchase order
with King Lee Technologies for Reverse Osmosis Antiscalant
Chemicals in the amount not to exceed $185,000 for one year, with two
additional one-year renewal options to extend on the same price, terms
and conditions for a total amount not to exceed cost of $555,000, with
future year funding contingent on Council budget approval.
CHARNOCK WELL 3.K. Granular Activated Carbon Replacement Services at the
Charnock Well Field, was approved.
Recommended Action
Staff recommends that.the City Council:
1. Award Bid #4213 to Carbon Activated Corporation, a California-based
company, for Granular Activated Carbon replacement services at the
Charnock Well Field;
2. Authorize the City Manager to negotiate and execute contractual service
agreement No. 10199 (CCS) with Carbon Activated Corporation, in an
amount not to exceed $1,100,000 for one year, with two additional one-
year renewal options in the amount of $1,100,000, on the same terms
and conditions for a total amount not to exceed $3,300,000 over a three-
year period, with future year funding contingent on Council budget
approval; and
3. Authorize the Director of Public Works to issue any necessary changes
to complete additional work within contract authority.
STORM DRAIN 3.L. Storm Drain Catch Basin Connector Pipe Screens Project, was
approved.
5 October 13, 2015
Recommended Action
Staff recommends that the City Council:
I. Award Bid #SP2288 to United Storm Water, Inc., a California-
based company, for manufacture and installation services for the Storm
Drain Catch Basin Connector Pipe Screens project;
2. Authorize the City Manager to negotiate and execute Contract No.
10200 (CCS) with United Storm Water, Inc., in an amount not to exceed
$536,824 (includes base and additive bid items and a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary change
orders to complete additional work within contract authority;
4. Authorize staff to procure permits and associated approvals from the
Los Angeles County Flood Control District (LACFCD) in an amount
not to exceed $94,200 for the retrofitting of LACFCD owned catch
basins.
WATER METERS 3.M. Award Purchase Order for Single Jet Water Meters, was
approved.
Recommended Action
Staff recommends that the City Council:
I . Award Bid #4212 to Metron-Farnier, a Colorado based company, for the
purchase and delivery of single jet water meters.
2. Authorize the Purchasing Services Manager to issue a purchase order
with Metron-Tarnier in an amount not to exceed $70,500 for one year,
with two additional one-year renewal options to extend on the same
price, terms and conditions for a total not to exceed $211,500 over a
three-year period, with future year funding contingent on Council
budget approval.
LIQUID NATURAL GAS 3.N. Second Modification for Supply and delivery of Liquid Natural
Gas Fuel to the Big Blue Bus, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second
modification to contractual services agreement 49832 in the amount of
$3,700,000 with Clean Energy®, a California-based company, for the
purchase and delivery of Clean Energy RedeenJm Renewable Liquid
Natural Gas (RLNG). This would result in a five-year amended contract
with a new total amount not to exceed $16,200,000, with future year
funding contingent on Council budget approval;
2. Authorize the Director of Transit Services to issue any necessary
changes to complete additional work within contract authority.
6 October 13, 2015
PARKING 3.0. Contractual Services Agreement for Parking Management
MANAGEMENT Services, was approved.
SERVICES
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 34 to SP+ Municipal Services, an Illinois -based company
for operation and maintenance of the City's off-street parking facilities,
and to provide ancillary parking related special event services;
2. Authorize the City Manager to negotiate and execute a contractual
service agreement No. 10201 (CCS), with SP+ Municipal Services, in an
amount not to exceed $26,500,000 for five years, with two additional
one-year renewal option(s) in the amount of $11,731,376, on the same
terms and conditions for a total amount not to exceed $38,231,376 over a
seven year period, with future year funding contingent on Council budget
approval.
BREEZE BIKE SHARE 3.P. Contract with Hulu, LLC, to establish Hulu as the Presenting
Sponsor for the Breeze Bike Share system, was approved.
Recommended Action
Staff recommends that City Council:
1. Authorize the City Manager to execute Agreement No. 10202 (CCS),
with Hulu, LLC for the sponsorship of the Breeze Bike Share system for
five years at the level of $675,000 annually.
2. Authorize budget changes as outlined in the Financial Impacts & Budget
Action section of the staff report.
ORDINANCES: 7.A. Second reading and adoption of Ordinance Repealing
EMPLOYER-EMPLOYEE Ordinance No. 801 {CCS} and Adding Chapter 2.05 to the Santa
RELATIONS Monica Municipal Code Regarding Procedures for the Administration
of Employer -Employee Relations, was presented.
Recommended Action
Staff recommends that the City Council adopt Ordinance No. 2444 (CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REPEALING ORDINANCE NUMBER 801 (CCS)
AND ADDING CHAPTER 2.05 TO THE SANTA MONICA MUNICIPAL
CODE REGARDING PROCEDURES FOR THE ADMINISTRATION OF
EMPLOYER-EMPLOYEE RELATIONS."
Motion by Mayor Pro Tem Vazquez, 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 O'Connor, O'Day, Winterer, Himmeh•ich,
Davis, Mayor Pro Tem Vazquez, Mayor McKeown
7 October 13, 2015
NOES: None
ABSENT: None
1415 5TH STREET 7.B. Introduction and first reading of an Ordinance adopting
Development Agreement No. 10203 (CCS) to allow a new 6 -story (84
Councilmember Hinameh-ich feet), 52,545 square -foot mixed-use project consisting of 64 residential
was excused f rom the meeting units and 6,345 square feet of ground floor commercial space at 1415
at 7: 37 p. m. 5th Street, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve Development Agreement 12DEV-003 to allow a 52,545
square -foot, 64 -unit mixed-use development at 1415 5th Street, as
recommended by the Planning Commission.
2. Introduce for first reading the attached ordinance adopting Development
Agreement 12DEV003.
Members of the public Jason Was and Jonathan Hughes spoke generally in
favor of the recommended action.
Members of the public Denise Barton, Nancy Coleman, Ellen Brennan, Art
Casillas and Andrew Hoyer spoke generally in opposition to the
recommended action.
Dave Rand and Michael li olonis spoke on behalf of the applicant.
Considerable discussion ensued on topics including window size, water
use, landscaping, height, active use, unit mix, and unbundled parking.
Motion by Councilmember Davis, seconded by Councilmember O'Day, to
Approve Development Agreement 12DEV-003 to allow a 52,545 square -
foot, 64 -unit mixed-use development at 1415 5th Street, as recommended
by the Planning Commission, and to introduce for first reading the
ordinance adopting Development Agreement 12DEV003, with the
exception of removing the provision that allows for a the Planning Director
to approve an additional story of height.
Motion to amend by Councilmember Winterer to require prospective tenant
marketing for the first 90 days exclusively to those listed in the local
preference marking plan in the Development Agreement.
The motion to amend was friendly to the maker and seconder.
Deputy City Attorney Barry Rosenbaum clarified that the following
language would be added to Section 2.7. 18 of the Development Agreement:
The developer shall exclusively market these residential units to the
October 13, 2015
employees in the foregoing categories for a period of 90 days. Mr.
Rosenbaum also clarified that additional stories language would be struck
from the language in Section 2.4.7 of the Development Agreement.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Winterer, O'Day, O'Connor,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Himmelrich
1560 LINCOLN 7.C. Introduction and first reading of an Ordinance adopting
BOULEVARD Development Agreement 10204 (CCS) to allow a 5 -story, 102,500
square -foot mixed-use project consisting of 100 residential units,
13,800 square feet of ground floor commercial space, and 232 parking
spaces within a three-level subterranean parking garage at 1560
Lincoln Boulevard (Denny's), was presented.
Recommended Action
Staff recommends the City Council:
1. Approve Development Agreement 12DEV017 to allow a 5 -story,
102,500 square -foot mixed-use project consisting of 100 residential
units, 13,800 square feet of ground floor connnnercial space, and 232
parking spaces within a three-level subterranean parking garage at 1560
Lincoln Boulevard (Denny's), as recommended by the Planning
Commission.
2. Introduce for first reading an ordinance adopting Development
Agreement 12DEV017.
Members of the public People of California, Nancy Coleman, Ellen
Brennan, Art Casillas, Andrew Hoyer, Zina Josephs, and Jerry Rubin spoke
generally in opposition to the recommended action.
Considerable discussion ensued on topics including, size of commercial
space, marketing of lofts, and greenery in the alley.
Dave Rand spoke on behalf of the applicant.
Motion by Councilmember Davis. seconded by Councilmember O'Connor
to approve Development Agreement 12DEVO17 to allow a 5 -story,
102,500 square -foot mixed-use project consisting of 100 residential units,
13,800 square feet of ground floor commercial space, and 232 parking
spaces within a three-level subterranean parking garage at 1560 Lincoln
Boulevard (Denny's), as recommended by the Planning Commission, and
introduce for first reading an ordinance adopting Development Agreement
12DEV017, with an amendment to include a provision for initial 90 day
9 October 13, 2015
marketing plan to local persons and artists, including those who work
nearby, public safety officials, hospital and local health care providers, and
school district employees, and with an amendment to direct the
Architectural Review Board to look specifically at landscaping in the alley.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Himmelrich
STAFF
8.A. 1513 : Update on Status of Pending Plans and Projects, was
ADMINISTRATIVE
presented.
ITEMS:
PENDING PLANS AND
Recommended Action
PROJECTS
Staff recommends that the City Council prioritize completion of the
Downtown Specific Plan "DSP"; establish a predictable community
benefits package for all Development Agreement projects being processed
pending the adoption of the DSP; and provide priority Development
Agreement processing for projects primarily providing housing until
comprehensive standards are implemented with the adoption of the DSP.
Members of the public Scott Schonfeld, Andew Hoyer, Zina Josephs, Jerry
Rubin, and Kathleen Rawson spoke generally in favor of the recommended
action.
Members of the public Denise Barton and People of California spoke
generally in opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to
environmental impacts, looking at the downtown as a whole, unit mix, the
gateway access master plan, and coordination with the school district.
Motion by Councilmember Davis. seconded by Councilmember O'Day. to
make the Downtown Specific Plan a priority, to create the gateway access
master plan process, to direct staff to continue to process permits for
downtown housing projects and City related projects, and direct staff to
establish a proposed list of community benefits, obtain planning
commission and community input, and return to Council in early 2016 with
a recommended package.
Councilmember Davis clarified that the Gateway Access Master Plan
includes the buildings listed in the staff report.
10 October 13, 2015
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Winterer, Davis
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember Himmelrich
Staff direction was provided as follows:
Mayor Pro Tem Vazquez provided the following direction with examples
of community benefits, including, sending a strong message that
community benefits must be stronger, benefits from freeway capping,
looking at revenue streams for the gateway plan, and looking at ways to
earmark more revenues for affordable housing.
Councilmember Winterer provided direction to look at how housing
projects fit with larger housing goals, to coordinate with the school district
while constructing housing, and to look at housing for persons who fit
between 80% of AMI and rnarket rate housing.
Councilmember Davis provided direction to look at concerns regarding
housing for those who do qualify for the current deed restricted levels and
are priced out of market rate housing, sustainability and public art in a
holistic maturer, look at an opportunity to cap the freeway, and look at
whether projects assist with aging infrastructure, and to think about how
people circulate through downtown.
Councilmember Winterer further provided direction to prioritize processing
a ti mc -sensitive 100% affordable housing project.
Without objection of council, the above was given as direction to staff.
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 1.1:05
p.m. in memory of Eddie Greenberg.
ATTEST:
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Sarah P. (Gorman V
City Clerk
APPR••//OeVED::
Kevin McKeown
Mayor
11 October 13, 2015