m20170926.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 26, 2017
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:32 p.m., on
Tuesday, September 26, 2017, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 5: 57 p. m.)
Councilmember Terry O'Day
Councilmember Tony Vazquez
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmember O'Connor. Anuj Gupta, Deputy
City Manager led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
Councilmember Vazquez closed sessions and returned at 6:40 p.m., with all members present, except
arrived at 6:41 p.m. Councilmember Vazquez, 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): Armstrong v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 620 395
The City Attorney advised this was a trip and fall accident located in the
1800 block of Wilshire, and recommended a settlement in the amount of
$160,000.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve Settlement Agreement No. 10555 (CCS), in the amount of
$160,000. The motion was approved by the following vote:
September 26, 2017
AYES: Councilmembers O'Connor, O'Day, Himmehich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
I.B. 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, U.S. District Court, C.D. Cal., No. 2:13-CV-08046-JFW-VBK
The City Attorney advised this matter was heard with no reportable action
taken.
1.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 Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Karen Thompson v. Kelly Soo Park, U.S.
Supreme Court, No. 17-294; U.S. Court of Appeals, Ninth Circuit, No.
14-56655; U.S. District Court, C.D. Cal., No. 2:14-cv-00330-SJO-RZ
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): Airbnb, Inc. and Homeaway.com, Inc. v. City of
Santa Monica, United States District Court, Central District of
California, Western Division, Case Numbers 2:16-cv-6645, 2:16-cv-
6641
The City Attorney advised this matter was heard with no reportable action
taken.
1.F. Conference with Legal Counsel — Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4) —1 case
The City Attorney advised this matter was not heard with no reportable
action taken.
2 September 26, 2017
SPECIAL AGENDA 2.A. Los Angeles County Clerk presentation of Voting Systems
ITEMS: Assessment Project (VSAP), was presented by Dean Logan, L.A. County
Registrar -Recorder.
REPORT ON COUNCIL Councilmember O'Connor reported that she traveled to San Francisco to
TRAVEL participate in the California Transit Association's board meeting, where
discussions included: the on-going transportation, electrification issues, and
dealing with the Air Resources Board, and how to help transit agencies
move forward and get funding to support; SBl Transportation Funding Bill
that passed which provides on-going funding and new funding sources
dedicated for transit agencies throughout the state, and how now there is a
threat of referendum to that legislation; the California Cap and Trade
Funding, and how that funding can be used for transit uses; and the
beginnings of advocacy for legislation for the next year at a State and
Federal level to support transportation and transit uses. She was also in
Sacramento for the California League of Cities local government
commission board meeting, where they talked about organizational issues,
Climate change, Cap and Trade funding, and moving forward.
Councilmember Vazquez reported that he traveled to Sacramento to
represent the city for the California League of Cities, and attended
workshops that dealt with legislation here in California. The
Councilmember noted that it was refreshing to see an increase of younger,
newly elected officials in a lot of the municipalities, and that allowed him
an opportunity to be a mentor to some of them.
Councilmember McKeown, reported that he traveled to the National
Railvolution Conference in Denver, where there was a lot more social
equity focused this time. The workshops attended focused on: producing
truly affordable deed restricted housing near transit lines; how to avoid
gentrification and displacement of existing residents; autonomous vehicles
and future parking needs and traffic challenges; and vision Zero work on
biking and walking safety.
STAFF INTRODUCTIONS The City Manager introduced Anju Gupta as the new Deputy City
Manager.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton commented on various Consent
Calendar items.
3 September 26, 2017
Motion by Councilmember Vazquez seconded by Councilmember O'Day,
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, Vazquez, Himmelrich, O'Day,
O'Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
POLICE DEPARTMENT 3.A. Contract Modification with Airwave Communications for
VEHICLE Police Department Vehicle Upfitting, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement 99989 (CCS) with
Airwave Communications Enterprises, a California-based company, to
provide labor and equipment associated with upfitting Police Department
vehicles for two additional years, through October 27, 2019. This will
result in a five-year amended agreement with no change to the total not to
exceed amount of $2,376,000.
INFORMATION 3.11. Software License Agreement for ISD Service Management
TECHNOLOGY SERVICE System, was approved.
HVAC UNITS
Recommended Action
Staff recommends that the City Council:
1. Award RFP #117 to Carahsoft Technology Corporation, a Virginia-
based company, for the purchase and implementation of the
Information Technology Service Management (ITSM) solution,
ServiceNow.
2. Authorize the City Manager to negotiate and execute Agreement No.
10549 (CCS) with Carahsoft Technology Corporation, in an amount
not to exceed $1,017,000 (including $88,000 contingency), over a
five-year period, with future year funding contingent on Council
budget approval.
3.C. Bid Award for the Purchase of Heating, Ventilation and Air
Conditioning (HVAC) Units and Supplies, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 94283 to Howard
company, for the purchase of
conditioning units and supplies
Industries, a California-based
heating, ventilation and air
for the Facilities Maintenance
4 September 26, 2017
Division;
2. Authorize the Purchasing Services Manager to issue a purchase order
with Howard Industries for the purchase of heating, ventilation and
air conditioning units and supplies in an amount not to exceed
$75,000 for one year, with two additional two-year renewal options,
with an annual increase of 2%, for a total amount not to exceed
$390,303 over a five-year period, with future year funding
contingent on Council budget approval.
GENERAL 3.1). Contract Award for General Contracting Services, was
CONTRACTING approved.
SERVICES
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4285 to RAMCO General Engineering Contractor, a
California-based company, for general contracting services as
required by the Facilities Maintenance Division;
2. Authorize the City Manager to negotiate and execute Agreement No.
10550 (CCS) with RAMCO General Engineering Contractor, in an
amount not to exceed $380,000 for one year, with two additional
two-year renewal options with a 2% increase per year for years three
through five, for a total amount not to exceed $1,946,211 over a five-
year period, with future year funding contingent on Council budget
approval.
TILE CONTRACTOR 3.E. Reject Bid for Tile Contractor Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Reject the only bid for Bid #4282 for tile contractor services as
required by the Facilities Maintenance Division;
2. Direct staff to reissue a bid in order to obtain the best bidder for the
contractor services.
PARKING STRUCTURE 3.F. First Modification of Construction Contract for Parking
NO. 5 Structure No. 5 Tenant Improvement Project, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement 410417 (CCS) in
the amount of $96,315 (including a 10% contingency) with West Valley
Investment Group, Inc. (WVIG), a California-based company, for
additional construction services to address accessibility and safety
improvements for the Parldng Structure No. 5 Tenant Improvement Project,
as required by the Architectural Services Division. This would result in an
amended agreement with a new total amount not to exceed $4,016,715,
5 September 26, 2017
with future year funding contingent on Council budget approval.
SAFE ROUTES TO 3.G. Contract Approval for Design Services for Safe Routes to
SCHOOL School Pedestrian Improvements at Four Schools, was approved.
Recommended Action
Staff Recommends that the City Council:
1. Award RFP #2017- 127 to Anderson Penna, a California based
company, to provide engineering design services for the Safe
Routes to School Pedestrian Improvements, as required by the
Mobility Division, for John Adams and Lincoln Middle Schools,
Roosevelt Elementary School and the Will Rogers Learning
Community school.
2. Authorize the City Manager to negotiate and execute professional
services Agreement No. 10551 (CCS) with Anderson Penna in an
amount not to exceed $149,126 (including a $19,452 contingency).
CITY TV EQUIPMENT 3.11. Award Bid for the Purchase and Install of City TV Master
Control & Production Equipment Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2250 to First Fire Systems, Inc., a California-based
company, to purchase and install equipment for the City TV
Master & Production Control Equipment Project, as required by
the Architectural Services Division;
2. Authorize the City Manager to negotiate and execute Contract No.
10552 (CCS) with First Fire Systems, Inc. in an amount not to
exceed $468,695 (including 10% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
436 PIER AVENUE 3.I. Resolution No. 11076 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL
NUMBER 74307 TO SUBDIVIDE PROPERTY AT 436 PIER
AVENUE", was adopted.
Recommended Action
Staff recommends that the City Council adopt attached Resolution No.
11076 (CCS) approving Final Parcel Map No. 74307 for 436 Pier Avenue.
LANDING FEE 3.1 Approval of Second Modification to Agreement with Vector
EQUIPMENT Airport Services for Relocation of Landing Fee Equipment, was
approved.
6 September 26, 2017
Recommended Action
Staff recommends that the City Council:
1) Authorize the City Manager to negotiate and execute a second
modification to Professional Services Agreement No. 10071(CCS)
with Vector Airport Systems, a Virginia-based company, to include
repositioning of on-site equipment to provide for the photo capture
of aircraft operations used to assess landing fees at Santa Monica
Airport (SMO), and installation of equipment to capture aircraft
over runs for an additional amount of $134,322 including two one-
year options for $5,000 in annual maintenance costs. This will result
in a three-year amended agreement with two one-year options to
renew for an estimated total amount not to exceed $1,240,484. The
actual total contract amount will vary as Vector's commission is
based on actual landing fee revenues collected. Renewals are at the
sole discretion of the City, 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.
MULTIPURPOSE 3.K. Agreement Modification No. 1 to Provide Schematic and Design
SPORTS FIELD Development Services for the Civic Center Multipurpose Sports Field,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to Agreement No. 10553 (CCS)
in the amount of $94,198 (including a 10% contingency) with RIM Design
Group, Inc., a California-based company, for schematic and design
development services required to complete the design for the Civic Center
Multipurpose Sports Field Project. This would result in an amended
agreement with a new total amount not to exceed $170,138.
BANKING SERVICES 3.L. Award Contract for Banking Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 120 to MUFG Union Bank, N.A., a California-based
company, to provide banking services.
2. Authorize the Director of Finance/City Treasurer to negotiate and
execute Agreement No. 10554 (CCS) with MUFG Union Bank, N.A.
in an estimated amount of $300,000 over a five-year period, with
future year funding contingent on Council budget approval.
3. Authorize the City Manager to negotiate and execute a second
modification to contract #9669 in an estimated amount of $75,000
with Wells Fargo Bank, a California-based company, to provide
7 September 26, 2017
banking services on a month-to-month basis expiring no later than
June 30, 2018. This will result in an amended five-year and three-
month agreement with a new total estimated amount not to exceed
$450,000.
EMPLOYMENT 3.M. Contract for Service as Assistant City Manager/Chief
CONTRACTS Operating Officer and Deputy City Manager/Director of Policy, was
approved and adopted.
Recommended Action
Staff recommends that the City Council:
Approve and adopt Resolution No. 11077 (CCS) of the proposed
Employment Agreements with Katie Lichfig as Assistant City
Manager/Chief Operating Officer and Anuj Gupta as Deputy City
Manager/Director of Policy, and authorize the City Manager to execute
the agreements. The Agreements will establish Ms. Lichtig's salary at
$22,959 per month and Mr. Gupta's salary at $14,667 per month.
MINUTES 3.N. Minutes for the City Council - Regular Meeting - Jul 25, 2017
5:30 PM, were approved.
STUDY SESSION: 4.A. Options for the Removal of Excess Runway Pavement at Santa
AIRPORT RUNWAY Monica Airport, was presented.
Member of the public Zina Josephs commented on this item.
Questions asked and answered of staff included the following:
would the runway have to be closed under all options; how much
maintenance would be required for the various options; what are the
environment impacts of the three different surfaces; and, if an airplane
overruns the shortened runway and destroys it, would the pilot be liable.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to give staff direction for the preference to Option I to remove all unused
pavement outside the Runway Safety Areas (RSA) and hydro -seed.
Pulverize in place and stabilize pavement within the RSA, and direct staff
to come back with the next steps to removing the pavement in a matter that
is consistent with public safety and Consent Decree. The motion was
unanimously approved by voice vote.
ECONOMIC 4.13. Strategy for Long -Term Economic Sustainability, was presented.
SUSTAINABILITY
Recommended Action
Staff recommends that Council review and provide direction regarding the
scope of a strategy to address Santa Monica's long-term economic
sustainability.
8 September 26, 2017
Members of the public Jerry Rubin, Diane forte, Denise Barton, Carl
Hansen, Kathleen Rawson, Johnathan Foster, Misti Kerns, Mary Marlow,
and Hannah Levy.
Questions asked and answered included: should this city take and or use
private corporate, non-profit sponsorship funds or partnerships to pay for
this type of research, and when is that acceptable or not acceptable; if there
is a thoughtful way to use corporate money; there should be a clear
distinction between partners and sponsors, between involvement and
influence; to make sure that there are no Brown Act violations, maybe have
a meeting where those companies would come and present to all of the
stakeholders at a larger venue, like the Broad that would allow dialogue and
presentation for all concerned; this is more about what are the challenges
we see in the future;
Considerable discussion ensued on topics including, but not limited to: how
do we create the future, we need to be more nimble, and something we
need to look at, how do we establish processes to adapt to change, not only
what do we need to plan, but instead, how do we plan for change; we have
to learn to be risk takers; the Scope will have to be broad to allow for
integration; consider building more housing, hotels, which will bring in
more revenue; there has to be a strong community interaction, including a
strong educational component, involving citizens for the upcoming
changes; The Creative Capital Study might be something to consider; need
to look at the impact of autonomous vehicles on the city, which could help
determine planning; the impact of marijuana usage and how will that
impact tourism, maybe marijuana bars; actively pursue a mix of external
and internal viewpoints on what are our strengths, weaknesses, and
possibilities; an honest inventory of who we are in Santa Monica; there's an
opportunity for some sort of music and/or art venues in the Downtown
area; need to be looking 10 years into the future, not 20 or 25 years; people
are not being prepared for jobs of the future by creating relationships
between the schools and universities with the tech companies, in order to
help get people trained; before going forward, there is an element to going
back, by looking at some of the previous studies that have already looked at
on these topics; need people who are revolutionary in thoughts; need to be
visionary; look within the community who are thinking outside the box,
and are working in unfamiliar fields; there are procedures that limit full
growth, so committees should be established as task forces for a short term,
with a specific task; the framework should be flexible to evolve; look at
ways to use our community spaces for cultural and entertainment; build on
relationships with Universities, and other education establishments;
possible manufacturing of marijuana;, restrain the scope to take a quick look
at the mega -trends that are hitting the city, and build a diagram on how the
city could move forward; get input from other professors, scholars, and
9 September 26, 2017
colleges who have already done this type of work; look at what type of
infrastructure support will be needed; it wouldn't be prudent to look
further than 5 — 10 years down the road; look at drone uses; beach
grooming practices as we deal with climate change; consult with some
futurist at public meetings to discuss the broader impact on the community;
get some different points of views from outsiders; do this as inexpensively
as possible to start, then allocate funding depending on what is learned;
and, look broadly at future trends; there are foundations and organizations
that have already done this work, who are looking broadly at this futurist
work; and some concerns about taking corporate money to fund this study,
versus philanthropic or non-profit interest.
A consensus of the Council received and filed information, and provided
direction to staff.
ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2555 (CCS)
ELECTRIC VEHICLE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CHARGING STATIONS OF SANTA MONICA SETTING FORTH PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR ELECTRIC VEHICLE
Councilmember O'Day CHARGING STATIONS", was presented.
was excused at 9:41p. m.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance adding
Section 8.08.230.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor,
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, Himmehich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Day
STAFF 8.A. Approval of Sanitary Sewer System Master Plan, was presented
ADMINISTRATIVE
ITEMS: Recommended Action
SEWER SYSTEM Staff recommends that the City Council approve the 2017 Sanitary Sewer
MASTER PLAN System Master Plan.
There were no members of the public present for this item.
A question was asked and answered of staff about whether or not we are
threatened by fatbergs in our sewer system.
10 September 26, 2017
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councihnembers McKeown, Vazquez, Himmelrich, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Day
RESOLUTIONS: ILA. Establishment of Preferential Parking Zone SS on portions of
PREFERENTIAL Virginia Avenue, Kansas Avenue, 27th Street, Stewart Street, and
PARKING Frank Street, and adoption of Resolution No. 11078 (CCS) entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CREATING PREFERENTIAL PARKING ZONE SS AND
AMENDING RESOLUTION 9344 CCS "PREFERENTIAL PARKING
ZONES" BY REPLACING EXHIBIT A", was presented.
Recommended Action
Staff recommends that the City Council:
1. Establish Preferential Parking Zone SS to include:
Virginia Avenue between Cloverfield Boulevard and 27a' Street,
Kansas Avenue between Cloverfield Boulevard and Stewart Street,
27'1' Street between Virginia Avenue and Kansas Avenue, Stewart
Street between Kansas Avenue and the Santa Monica Freeway, and
Frank Street between Virginia and the Santa Monica Freeway with
the regulation "No parking 6 P.M. to 7 A.M., 2 -hour parking 7 A.M.
to 6 P.M., daily, except by permit"; and
2. Adopt the attached Resolution (Attachment A) establishing
Preferential Parking Regulations.
Members of the public Drew Clayton, Mariana Antunano, Roxana
Ramirez, David P. Brown, and Keith Barefoot spoke on the recommended
action.
Questions asked and answered of staff included: will this impact after hour
events at the Edison Language Academy; will the school be able to request
additional parking passes, if they have a need to request additional parking;
who is responsible for creating street and parking signs, and, when this
parking study was done, did it include the new Whole Foods 360, and the
impact of employee parking.
Motion by Councilmember McKeown, seconded by Muor Pro Tem Davis,
to adopt the staff recommendation. The motion was approved by the
following vote:
11 September 26, 2017
AYES: Councilmembers Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmember O'Connor
ABSENT: Councilmember O'Day
Councilmember O'Connors voted no because the map shows that almost
every street in area is now limited parking, so this is not the solution to the
parking problem, it's probably pushed some of the parking problem on to
these streets, because everything else around it has been Preferential
Parking, and now it needs it. She sympathizes and understands their
concerns, but again Preferential Parking Zones are not the answer to this
problem, and we've made a mistake going down this path.
COUNCILMEMBER 13.A. Request of Mayor Winterer, Mayor pro tem Davis, and
DISCUSSION ITEMS: Councilmember McKeown that the Council support Santa Monica
DACA STUDENTS Dreamers by allocating up to $25,000 in matching funds from the
Council contingency account to the non-profit Santa Monica College
Foundation or other appropriate non -profits, to assure that all Santa
Monica DACA students who qualify can afford the fee to renew their
DACA status by the October 5th deadline, and remain in our Santa
Monica community for another two years; and that the Council go on
record supporting permanent legalization of DACA students, directing
staff to convey that City of Santa Monica support to all appropriate
Federal and State representatives, was presented.
Members of the public Johnathan Foster and Laila Taslimi, spoke on the
recommended action.
Question asked and answered of staff included, what is the number of
people who qualify for this in Santa Monica.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Day
AIRPORT COMMISSION 13.11. Recommendation to accept Suzanne Paulson's resignation from
the Airport Commission and authorize the City Clerk to publish the
vacancy, was presented.
There were no members of the public present for this item.
12 September 26, 2017
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
accept the resignation with regret.
The motion was approved by voice vote, with Councilmember McKeown
voting no, and Councilmember O'Day absent.
Councilmember McKeown stated his No vote was because Ms. Paulson
submitted her resignation because she was misled into thinking that this
would somehow affect the ability of the city to do an air quality study. He
didn't think her resignation was in anyway necessary, and he really regrets
that she chose to do this.
PUBLIC INPUT: Members of the public Denise Barton, John Jewell, Art Casillas, Johnathan
Foster, and David Fetterman commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:36
p.m. in memory of Elsie Wong.
ATTEST:
Denise Anderson -Warren
City Clerk
APPROVED:
Ted Winterer
Mayor
13 September 26, 2017