m20180410.pdf(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 10, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:32 p.m., on
Tuesday, April 10, 2018, 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: 42 p.m.)
Councilmember Terry O'Day (arrived at 5:50p. m.)
Councilmember Tony Vazquez (arrived at 5:34p. m.)
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 Councilmembers O'Day, O'Connor, and
Vazquez. Councilmember Himmelrich led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Vazquez
arrived at 5:34 p.m. On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
closed sessions and returned at 7:05 p.m., with all members present, to
Councilmember O'Connor report the following:
arrived at 5:42 p. m.
I.A. Conference with Real Property Negotiator
Councilmember O'Day Property: 1301 — 1333 Fourth Street, 1324 — 1334 Fifth Street
arrived at 5:50 p.m. Negotiator: Andy Agle, Dir. Housing and Economic Development
Under Negotiation: Ground -Lease Terms
Owner of Record: City of Santa Monica
The City Attorney advised this matter was heard with no reportable action
taken.
LB. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Homeaway.com, Inc., and AirBNB, Inc. v. City
1 April 10, 2018
of Santa Monica, United States District Court, Central District of
California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW-
AFM
The City Attorney advised this matter was not heard.
I.C. Conference with Legal Counsel- Existing Litigation — Litigation
has been initiated formally pursuant to Government Section
54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City
of Santa Monica, Los Angeles Superior Court, Case No. BC 616804
The City Attorney advised this matter was heard with no reportable action
taken.
1.D. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Shahriary v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 619889
The City Attorney advised this matter was a trip and fall incident on
Wilshire Blvd. resulting in injuries and pain. The city disputes and denies
the claim in the lawsuit, the City Attorney's Office recommends a
settlement in the amount of $85,000.
Motion by Mayor Pro Tem Davis, seconded by Councilmember
Himmelrich, to approve Settlement No. 10648 (CCS) in the amount of
$85,000. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Vazquez, Himmelrich,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
LE. 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.F. Conference with Real Property Negotiator
Property: 2322 Michigan Avenue
Negotiator: Andy Agle, Dir. Housing and Economic Development
Under Negotiation: Price and Terms
2 April 10, 2018
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA 2.A. Proclamation declaring April as ArtsMonth 2018, was
ITEMS: performed by Luis Alfaro.
2.13. City Manager Report: ArtsMonth — An ode to the arts and
creativity in Santa Monica, was presented.
2.C. Recognition of Interim Police Chief Kenneth Semko, was
presented by Mayor Winterer.
REPORT ON COUNCIL Councilmember O'Connor reported that she participated in the Water
TRAVEL Alliance Consortium, which was held in Salt Lake City, Utah, no city funds
were used for this travel.
Councilmember Vazquez, reported that he traveled to Washington, D.0 for
the National League of Cities Conference. He was also able to attend the
National Association of Latino Elected and Appointed Officials (NALEO),
where he was elected to their board, no city funds were used. He attended
the Local Government Conference in Yosemite, and the WELL Conference
in Sacramento, no city funds were used for this travel.
Councilmember O'Day also attended the Local Government Commission
in Yosemite.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Michael Myers, Walter Myers, John Geary, and
Denise Barton commented on various Consent Calendar items.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
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, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
AIRPORT LEASE 3.A. Airport Lease Agreement with Santa Monica Community
AGREEMENT College District, was approved.
Recommended Action
3 April 10, 2018
Staff recommends that the City Council authorize the City Manager to
negotiate and execute lease Agreement No. 10649 (CCS) with Santa
Monica Community College District (SMC) for classroom space located at
2800 Airport Avenue, Santa Monica, CA 90405, reflecting the general
terms and conditions outlined in this report.
BIG BLUE BUS 3.B. Award Construction Contract for the Big Blue Bus LCNG Fuel
System Modification Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2371 to Wyoming NorthStar Incorporated, a
Wyoming -based company with local offices in Newport Beach,
California; for the Big Blue Bus Liquified -Compressed Natural Gas
(LONG) Fuel System Modification Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10650 (CCS) with Wyoming NorthStar Incorporated, in an amount
not to exceed $1,098,643 (includes a 10% contingency); and
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
AIRPORT PROPERTY 3.C. Award Agreement for Santa Monica Airport Buildings
ASSESSMENT Property Condition Assessment, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 2508 to Omgivning Architects, a California-based
company, to provide a comprehensive building assessment at nine
building locations at the Santa Monica Airport;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10651 (CCS) with Omgivning Architects, in an amount not to
exceed $756,140 (including a $68,740 contingency) for a total
amount not to exceed $756,140 over a two-year period, with future
year funding contingent on Council budget approval.
BUS STOPS 3.1). Bus Stop Shelter Custodial and Maintenance Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4316 to Shelter Clean Services, Inc., a California-based
company, to provide custodial and signage replacement services for
Big Blue Bus (BBB) bus stops and zones located within and outside
of the City of Santa Monica; and,
2. Authorize the City Manager to negotiate and execute Agreement No.
4 April 10, 2018
10652 (CCS) with Shelter Clean Services, Inc., in an amount not to
exceed $978,738, which includes a 10% contingency for a five-year
term with future year funding contingent on Council budget
approval.
CITY SERVICES 3.E. Award of Commissioning Services Agreement for the City
BUILDING Services Building Construction Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #2250 to Syska Hennessy Group, Inc., a California-
based company, to perform commissioning services for the City
Services Building Construction Project;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10653 (CCS) with Syska Hennessy Group, Inc., in an amount
not to exceed $95,189 (including 10% contingency) with future year
funding contingent on Council budget approval.
CONTENT 3.F. Software Subscription Agreement for Learning Content
MANAGEMENT SYSTEM Management System, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP 4136 to Cornerstone OnDemand, a California-based
company, for the purchase and implementation of a centralized
training portal solution, Cornerstone Learning Suite Solution.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10654 (CCS) with Cornerstone OnDemand for software
subscription, implementation services, and the purchase of
training content and professional services as needed, in an
amount not to exceed $ $839,065 (including $15,024
contingency), over a five-year period, with future year funding
contingent on Council budget approval.
3. Authorize budget changes as outlined in the Financial Impacts
& Budget Actions section of this report.
FLEET MAINTENANCE 3.G. Request for Change Orders with Four Vendors for Fleet
Maintenance Goods and Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Purchasing Services Manager to issue a change order
for interim funding for the next six months to purchase order
#28093 -OF in the amount of $31,090 with American Moving Parts,
LLC, a California-based company, for the purchase and delivery of
brake parts, supplies, and service for passenger cars, and light-,
5 April 10, 2018
medium-, and heavy-duty vehicles, until the goods can be bid. This
would result in a revised purchase order total not to exceed
$208,127, with future year funding contingent on Council budget
approval.
2. Authorize the Purchasing Services Manager to issue a change order
for interim funding for the next six months to purchase order
#28016 -OF in the amount of $26,779 with Battery Power, Inc., a
California-based company, for the purchase and delivery of vehicle
batteries and pickup of battery cores, until the goods can be bid.
This would result in a revised purchase order total not to exceed
$182,985, with future year funding contingent on Council budget
approval.
3. Authorize the Purchasing Services Manager to issue a change order
for interim funding for the next six months to purchase order
#28020 -OF in the amount of $42,388 with Los Angeles
Freightliner, a California-based company, to furnish and deliver
OEM Crane Carrier brand parts, until the goods can be bid. This
would result in a revised purchase order total not to exceed
$207,227, with future year funding contingent on Council budget
approval.
4. Authorize the Purchasing Services Manager to issue a change order
for interim funding for the next six months to purchase order
#28024 -OF in the amount of $63,858 with Natural Gas Systems,
Inc., a California-based company, to furnish all labor, parts,
materials, equipment, and supervision necessary to provide
maintenance and repair services for the natural gas station at the
City Yards facility, until the goods can be bid. This would result in
a revised purchase order total amount not to exceed $233,878 with
future year funding contingent on Council budget approval.
NETWORK 3.H. Agreement for Purchase of Ruckus Network Equipment and
INSTALLATION Site Assessment and Installation Services, was approved.
SERVICES
Recommended Action
Staff recommends that the City Council:
1. Award Bid#4310 to SmartWAVE Technologies LLC
(SmartWAVE), a Georgia -based company, for the purchase of
Ruckus network equipment and site assessment and installation
services; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 10655 (CCS) with SmartWAVE for the purchase of Ruckus
network equipment, site assessment and installation services in an
amount not to exceed $868,000, including a $87,000 contingency,
over a five-year period, with future year funding contingent on
Council budget approval.
6 April 10, 2018
TIRE SERVICES 3.I. Tire Lease and Related Onsite Tire Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4294 to Michelin North America, Inc., a South
Carolina -based company, for the lease of new transit tires and
related services;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10656 (CCS) with Michelin North America Inc., in an amount
not to exceed $2,635,171, including a $239,561 contingency for a
five -period, with future year funding contingent on Council budget
approval.
GRANT FUNDS 3.1 Adoption of Resolution No. 11109 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA
CLIMATE INVESTMENTS URBAN GREENING PROGRAM," was
approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt Resolution No. 11109 (CCS) authorizing the application for
grant funds in the amount of $1,477,809 from the California Natural
Resources Agency to fund implementation of the Lincoln
Neighborhood Corridor Plan Streetscape Improvements; and
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.
PIER REPAIR 3.K. Award Construction Contract for Pier Hoist & Crane and
Catwalk Repair, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 4SP2528 to John S. Meek Company, Inc., a California-
based company, for the Pier Hoist & Crane and Catwalk Repair
Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10657 (CCS) with John S. Meek Company, Inc., in an amount not
to exceed $500,000 (including a 11% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
ORDINANCES: 7.A. Second Reading and Adoption of Interim Zoning Ordinance
ZONING ORDINANCE No. 2572 (CCS) entitled, "AN INTERIM ZONING ORDINANCE OF THE
7 April 10, 2018
CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING
INTERIM ZONING ORDINANCE NUMBER 2569 (CCS) WHICH AMENDED
PORTIONS OF SANTA MONICA MUNICIPAL CODE SECTION 9.07.030 TO
REVISE DEVELOPMENT STANDARDS FOR MAXIMUM PARCEL
COVERAGE, MAXIMUM BUILDING HEIGHT, ADDITIONAL MINIMUM
STEPBACKS FOR UPPER STORIES, LIMITATIONS ON AGGREGATE
FLOOR AREA FOR UPPER -STORY DECKS AND BALCONIES, AND
EXCLUSION OF CERTAIN ACCESSORY DWELLING UNITS FROM
PARCEL COVERAGE IN THE RI SINGLE -UNIT RESIDENTIAL DISTRICT,"
was presented.
Recommended Action
Staff recommends that City Council adopt an Interim Zoning Ordinance
Extending Interim Zoning Ordinance Number 2569 (CCS)
Motion by Councilmember McKeown, seconded by , to adopt the
ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich,
O'Connor, O'Day, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
STAFF 8.A. Master Facility Use Agreements with the Santa Monica -Malibu
ADMINISTRATIVE Unified School District, was presented.
ITEMS:
FACILITY Recommended Action
AGREEMENTS Staff recommends that the City Council authorize the City Manager to
negotiate and execute Master Facilities Use Agreement No. 10658 (CCS)
Councilmember McKeown combining the two tax measures (YY and GS) into a single agreement
was excused at 7:49 p.m. (Measure YY/GS Facilities Agreement) including related supplemental
terms and conditions with the Santa Monica -Malibu Unified School
District with an initial term ending June 30, 2028.
Councilmember McKeown recused himself from this item to avoid any
conflict of interest because he works for the school district.
Members of the public Denise Barton, Shari Davis, Richard Jesseum, Nikki
Kolhoff, Ann Thanawalla, Oscar de la Torre, and Dr. Ben Drati spoke on
the recommended action.
Questions asked and answered of staff included: extending the two
contracts does that make them the same timeline; confirm questions about
the gift of public funds and school finance law; are there provisions in the
agreement to establish a payment schedule, and procedures if either side
decides to terminate the agreement; is this agreement necessary and, did
8 April 10, 2018
things change after the Serrano vs. Priest case.
Motion by Mayor Pro Tem Davis, seconded by Councilmember Vazquez,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember McKeown
ANNUAL 8.11. Annual Review of Development Agreement Compliance, was
DEVELOPMENT presented.
COMPLIANCE
Recommended Action
Councilmember McKeown Staff recommends that the City Council:
returned at 8.•18 p.m. 1. Review the status of Development Agreement compliance; and
2. Determine good faith compliance for those that are in compliance
and listed as such in Table 1.
Members of the public Denise Barton and Nancy Coleman, spoke on the
recommended action.
Questions asked and answered of staff included, but not limited to: has a
new tenant moved into the old Agensys building, and will they be informed
about the development agreement requirements; how do you decide what is
considered "good faith compliance'; and, how is credit measured and
given for the Average Vehicle Ridership (AVR) and Transportation
Demand Management (TDM); is there a way to keep track of other
development agreement fees, and how that money is spent; what is in place
to keep track that other community benefits are in compliance of
development agreements; is insurance requirements in line with the use of
the public space part of the Colorado Center DA; is there something that
can be put in place legally that gives community groups a mechanism to
complain if a development agreement is not in compliance;
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Davis, to adopt the staff recommendation. 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
April 10, 2018
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Santa Monica
DISCUSSION ITEMS: Library Board for a term ending 06/30/2018, was presented.
LIBRARY BOARD
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Arlene Hopkins.
There being no other nominations, Ms. Hopkins was voted by acclamation,
with all members present to the Santa Monica Library Board for a term
ending June 30, 2018.
SOULSTICE 13.11. Request of Mayor Winterer, Mayor Pro Tem Davis and
Councilmember McKeown that the Council allocate $14,000 of its
discretionary funds to the Main Street Business Improvement
Association to aid in the production of its Summer SOULstice, a
family -friendly community festival on Main Street. The funds will be
used to offset the costs for City -required staffing of public safety and
fire safety officers and road closures on Main Street, among other City
costs, was presented.
Member of the public Hunter Hall spoke in support of the recommendation.
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to approve the recommendation. 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
SANTA MONICA 13.C. Request of Mayor Winterer, Mayor Pro Tem Davis and
SCIENCE MAGNET Councilmember McKeown that the Council allocate $7,500 of
discretionary funds to serve as a matching grant to assist students from
lower-income families to participate in this year's student cultural
exchange program with our Friendship City of Kizugawa, Japan.
Funds will be provided to the Santa Monica Science Magnet, a
501(c)(3) non-profit, was presented.
Member of the public Melissa Hannant spoke in support of the
recommendation.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the recommendation. The motion was approved by the
following vote:
10 April 10, 2018
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton and Art Casillas commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:07 p.m. in
memory of Hank Dittmer .
ATTEST:
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Denise Anderson -Warren
City Clerk
APPROVED:
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Ted Winterer
Mayor
11 April 10, 2018