m20180424 - signed.pdf
1 April 24, 2018
APPROVED
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 24, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:30 p.m., on
Tuesday, April 24, 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 6:25 p.m.)
Councilmember Terry O’Day (arrived at 5:40 p.m.)
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 5:30 p.m., with all
members present except Councilmembers O’Day and O’Connor. Mayor
Pro Tem Davis led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember O’Day
arrived at 5:40 p.m.
Councilmember O’Connor
arrived at 6:25 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:32 p.m., to consider
closed sessions and returned at 6:45 p.m., with all members present, except
Councilmember O’Connor and O’Day to report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Sutphin v. City Of Santa Monica, Los Angeles
Superior Court, Case No. BC 624887
The City Attorney advised this matter was heard with no reportable action
taken.
1.B. 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 of
Santa Monica, United States District Court, Central District of
California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW-
2 April 24, 2018
AFM
The City Attorney advised this matter was not heard.
1.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 – Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2) : 2 cases
The City Attorney advised this matter was heard with no reportable action
taken.
1.E. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Lecip, Inc. v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 620795
The City Attorney advised this matter was regarding a complaint alleging
breach of contract against the city. The claims relate to a contract between
the Big Blue Bus and Lecip for automatic fare collection services. The city
disputes and denies the claims in the complaint, the City Attorney’s Office
recommends a settlement in the amount $130,000.
Motion by Mayor Pro Tem Davis, seconded by Councilmember
Himmelrich, to approve Settlement Agreement No. 10661 (CCS) in the
amount of $130,000. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day, O’Connor
1.F. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Terranova v. City Of Santa Monica, Los Angeles
Superior Court, Case No. BC 673195.
The City Attorney advised this matter was heard with no reportable action
taken.
3 April 24, 2018
SPECIAL AGENDA
ITEMS:
Councilmember O’Connor
returned at 6:46 p.m.
Councilmember O’Day
returned at 6:50 p.m.
2.A. Proclamation declaring April 25, 2018 as Denim Day in the City
of Santa Monica, was presented by the Mayor.
2.B. Proclamation recognizing April 2018 as Community College
Month, was presented by the Mayor.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
The City Clerk announced that a small edit was made to the Feb. 27th
minutes, Item 3.A. to include the word “encourage” to Councilmember
McKeown’s motion on Page 9 of those minutes.
Members of the public Jerry Rubin, Ned Landon, and Denise Barton
commented on various Consent Calendar items.
At the request of Councilmember Vazquez, Item 3-G was removed from
the Consent Calendar.
Motion by Councilmember Vazquez, seconded by Mayor Pro Tem Davis ,
to approve the Consent Calendar except for Item 3-G, including the
revisions to Item 3.A., 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
MINUTES 3.A. Minutes for the City Council - Regular and Special Joint
Meeting - Feb 27, 2018 5:30 PM, were approved with revisions.
MINUTES 3.B. Minutes for the City Council - Special Meeting - Mar 6, 2018
4:30 PM, were approved.
ELECTRICAL SUPPLIES 3.C. Bid Award for Local Electrical Supplies via In-Store Purchases,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4306 to Electric Supply Connection, a California-based
4 April 24, 2018
company, to furnish electrical supplies via in-store purchases as
required by the Public Works Department; and
2. Authorize the Purchasing Services Manager to issue the Public
Works Department a purchase order with Electric Supply
Connection for the purchase of electrical supplies in an amount not
to exceed $100,000 for one year, with two additional two-year
renewal options, with an annual increase of 2%, for a total amount
not to exceed $520,405 over a five-year period, with future year
funding contingent on Council budget approval.
FACILITIES RENEWAL
PROJECT
3.D. Award Construction Management Services Agreement for
Citywide Facilities Renewal Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #SP2507_FRP to PMCS Group, a California-based
company, for construction management services; and
2. Authorize the City Manager to negotiate and execute
Agreement No. 10662 (CCS) with PMCS Group in an amount not
to exceed $317,680 (including a 10% contingency) for one year
with no additional renewal options.
SAFE ROUTES TO
SCHOOL
3.E. Award Construction Contract for Edison Language Academy
Safe Routes to School Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2395 to PALP Inc., dba Excel Paving Company, a
California-based company, for the Edison Language Academy Safe
Routes to School Project;
2. Authorize the City Manager to negotiate and execute Contract No.
_10663 (CCS) with PALP Inc., dba Excel Paving Company, in an
amount not to exceed $610,468 (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 as outlined in the Financial Impacts and
Budget Actions section of this report.
TRANSIT REPAIRS 3.F. Bus Body Repairs and Painting Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4318 to Carlos Guzman Inc., a California-based
company, to provide body repair and painting of transit coaches;
2. Authorize the City Manager to negotiate and execute Agreement
5 April 24, 2018
No. 10664 (CCS) with Carlos Guzman Inc., in an amount not to
exceed $703,098 for one year, with four (4) additional contract
years, in the amount of $2,812,392 on the same terms and
conditions for a total amount not to exceed $3,515,490 over a five-
year period which includes a $319,590 10% contingency with future
year funding contingent on City Council budget approval.
UPHOLSTERY
SERVICES
3.H. Upholstery Services for Transit Buses and Fire Vehicles, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4321 to Ye Olde Upholstery Shoppe, a California-
based company, to provide upholstery service for Big Blue Bus and
Fire Department Vehicles;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10665 (CCS) with Ye Olde Upholstery Shoppe, in an amount
not to exceed $106,028 for one year, with four (4) additional
contract years, in the amount of $513,179 which includes a 3%
annual cost escalator and a 10% contingency, for an amount not to
exceed $619,206 over a five-year period, with future year funding
contingent on City Council budget approval.
UNLEADED FUEL 3.I. Award Bid for Unleaded Fuel, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4296 to Pinnacle Petroleum, Inc., a California-based
company, for the purchase and delivery of Top-Tier unleaded
gasoline;
2. Authorize the Purchasing Services Manager to issue purchase
orders with Pinnacle Petroleum, Inc. for the purchase and delivery
of Top-Tier unleaded gasoline in the amount not to exceed
$864,946 (includes a 20% contingency) for one full year, with
five-additional one-year renewal options to extend on the same
terms and conditions for a total amount not to exceed $5,189,676
with future year funding contingent on Council budget approval.
SCHOOL PEDESTRIAN
IMPROVEMENTS
3.J. Contract Modification for Design Services for Safe Routes to
School Pedestrian Improvements at Four Schools, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to professional services
agreement #10551 (CCS) in the amount of $59,263 with Anderson Penna, a
California-based company, for engineering design services for pedestrian
6 April 24, 2018
safety improvements. This will result in a 3 year amended agreement with a
new total amount not to exceed $208,389.
FOOD WASTE
PREVENTION
3.K. Execute Agreement for Food Waste Prevention and Rescue
Grant Program, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the
amount of $100,000 from the California Department of Resources
Recycling and Recovery (CalRecycle) Food Waste Prevention and
Rescue Grant Program for a Santa Monica food recovery and
donation program, and to accept all grant renewals;
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals; and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
FACILITY SECURITY
EQUIPMENT
3.L. Contractual Services Agreement for Facility Security
Equipment and Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute Agreement
No. 10666 (CCS) with Siemens Industry, Inc. (Siemens), a
California-based company, facility security equipment, systems and
services, including related equipment and supplies in an amount not
to exceed $1,500,000 over five years, with future year funding
contingent on Council budget approval; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 10667 (CCS) with Siemens for building automation system
upgrades and expansion in an amount not to exceed $1,215,847
(including a 10% contingency).
These recommended awards are made as an exception to the competitive
bidding process pursuant to Section 2.24.080 (b), in a total amount not to
exceed $2,715,847.
THIRD STREET
PROMENADE PILOT
3.G. Pilot-Program License Agreement with Downtown Santa
Monica, Inc. for the Third Street Promenade to provide public-serving
programs and amenities, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute pilot-program license Agreement No. 10668 (CCS)
with Downtown Santa Monica, Inc. for the Third Street Promenade to
provide public-serving programs and amenities for an initial term of one
7 April 24, 2018
year with four, one-year renewal options with no license fee.
This item was pulled by Councilmember Vazquez to ask questions of staff,
specifically if it is time sensitive, and how would it impact the program if
this item were to be continued.
Motion by Councilmember Vazquez, seconded by Councilmember
Himmelrich, to approve the recommended action.
Councilmember McKeown asked that Council be kept apprised if any
controversies that arise. And, stated for the record, that the Council greatly
values the contribution of the performers on the Third Street Promenade,
and they would hate to impede that in any way.
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
STUDY SESSION:
FLEET COMPOSITION
4.A. Fleet Composition Study, was presented.
Recommended Action
Staff recommends that the City Council:
1) Review, and provide guidance to staff on the future implementation
of a BBB vehicle propulsion technology for the BBB fleet to
achieve a goal of Zero Emissions;
2) Provide feedback regarding a proof of concept program for
evaluating the operational effectiveness and efficiency of a sub-fleet
of electric buses which shall consist of up to 10 battery electric
buses and requisite infrastructure at the BBB yard; and
3) Authorize staff to work with the Federal Transit Administration
(FTA) Office of Innovation, FTA Region 9 Office, and Gillig, LLC
for the procurement of one 40-foot electric propelled bus from
Gillig, LLC under the FTA’s Prototype Waiver Program that would
be produced in December 2018, and placed into revenue service in
January 2019.
Members of the public Diane Forte, Jerry Rubin, Michelle Kinman, Hector
Huezo, Kent Minoult, Carto de la Cruz, Darrell Clarke, Alex Nagy, Adrian
Martinez, Gwynne Pugh, Ken Chawkins, Emili Abdel-Ghany, Kelly Olsen,
Derek D. Turbide (time donated by Todd Campbell), and Carter Rubin
spoke on the recommended action.
8 April 24, 2018
Questions asked and answered of staff included: the language in the
resolution consistent with what is being presented tonight; the range of
usage for the energy buses versus the current fleet; how much more
competitive are we with the grant funding, and does it give us a better
chance of receiving funding if we use reduced emission vehicles; what is
the warranty on the 150 mile buses, and what does that mean; look at the
cost for RNG and the possibility that it will increase in cost in California;
why Gillig, LLC for the prototype instead of one of th e other companies
out there now; and, was the larger impact of using methane and the impact
of leakage looked at; has staff asked for advice from the Task Force on the
Environment; given that ridership is down, what is the plan to move
forward to determine how many buses are needed going forward; why is
the maximum being proposed only 10, instead of 10 being the minimum;
and, how many buses in total are going to be retired this year.
Considerable discussion ensued on topics including, but not limited to: for
now whether or not 10 buses are sufficient to buy in order to meet the city’s
2030 goal of having an all-electric fleet; how important is it to have
objectives with milestones and tracking in order to achieve sustainable
goals; and due to the decrease in bus transportation, there is a need to look
at our transit service overall before making any big financial commitments.
Motion by Councilmember McKeown, seconded by Councilmember
O’Day, to provide direction to staff to support moving forward with a pilot
project of purchasing up to 10 electric buses, as the next step.
Mayor Pro Tem Davis, proposed an amendment to the direction to include,
to move us towards decarbonization of our transit system as quickly as
possible, with no minimum on the amount of buses.
The maker accepted and restated the motion to say, authorize staff to begin
a pilot program. The change was considered friendly by the seconder, with
the inclusion that this is in preparation for the next major purchase of buses
in 2021.
Councilmember O’Day, proposed adding back in the 10 buses as a
minimum. This was considered friendly by the maker.
The Mayor restated the motion as follows: Give direction to staff that
authorizes the purchase of one Gilly bus and go out and pilot 10 or more
electric vehicles; provide a proof of concept plan, and come back quickly
with all of the results from the pilot; and, keep the Council regularly
updated on the progress towards the next bus purchases in 2021. The
motion was unanimously approved by voice vote with all members present.
9 April 24, 2018
ADMIN. PROCEEDINGS:
DEVELOPMENT
REVIEW PERMIT
6.A. Appeal of the Planning Commission's decision to approve
Development Review Permit (16ENT-0034) allow a new four-story (36
feet) 59,319 square-foot mixed-use project consisting of 47 residential
units, 16,755 square feet of ground floor commercial space, and 151
automobile parking spaces within a two-level subterranean parking
garage, was presented.
Recommended Action
Staff recommends that the City Council deny the appeal and uphold the
Planning Commission’s approval by taking the following actions:
1. Approve Development Review Permit 16ENT-0034; and
2. Adopt the Statement of Official Action, pursuant to the draft
findings and conditions.
Ex-Parte Communication
Mayor Pro Tem Davis reported that she had not spoken to anyone directly
about the appeal, but drove to the sight, got out of her car, walked on
Wilson, down Lincoln and the entire perimeter of the site, and observed
traffic on Lincoln as well.
Councilmember McKeown reported that he has been at the site three times
in the past week, he read carefully the emails received on both sides of the
issue, and spoke twice with two different Planning Commissioners who
were involved with the original approval to ask them some questions about
their thought process and how they came to vote.
Councilmember Himmelrich reported that she walked the site last week,
and watched the entire Planning Commission meeting on the project, and
spoke to one of the Planning Commissioners involved in the project, a few
times, spoke to staff a few times, read all of the mail that was received from
various members of the public, and looked and requested from staff the
original planning application and other documents relating to this appeal.
Councilmember Vazquez reported that he is familiar with the site because
he has a family friend who has a house right above the property, has had
several conversations with members of that community and staff, hasn’t
talked to anyone on the development side of the project.
Mayor Winterer reported that other than reading the emails that were sent
to all of Council and part of the public record, he did receive an email that
was addressed to him from the appellant that he acknowledged he read and
received, emailed dialogue with Mr. Tongsu, who lives nearby about his
concerns about the project.
10 April 24, 2018
Lina Lee spoke representing the Applicant
Rachel Kelley spoke representing the Appellant
Members of the public Rosslyn “Beth” Hummer, Jerry Rubin, Gwynne
Pugh, Doug Tichenor, Mitchell Lockman, Fernando Geocovitch, and,
Shaul Kuba spoke generally in opposition to the appeal.
Members of the public Debby Tunks (time donated by Timothy Tunks),
Gerald Saldo, Denise Barton, Jane Demsey (time donated by Charles
Hayes), Zina Josephs, Vincent Esparza, Stan Ginsburg, Emili Adbel-
Ghany, Peter Borrenjen, and, Ann Thanawalla spoke generally in favor of
the appeal.
Questions asked and answered included: has anyone measured the grade on
Ashland, Wilson, and Lincoln; how will parking be accommodated; is this
owner the same developer that built a 10-unit housing up the hill from this
location; was the number of parking spaces required by code or was there
an analysis done; because the frontage should be the most narrow part of
the property, shouldn’t Wilson be the front instead of Ashland; is there any
flexibility to add more affordable units; why haven’t the ARB float-up
recommendations been addressed since the Planning Commission,
including the sustainable, mechanical, electrical, and plumbing; is
everything on this project in compliance; what limitations does Council
have when making recommendations for this project, specifically with
traffic mitigations; given the improvements to Lincoln Blvd., how well
does this project integrate; does the code give the applicant the discretion to
determine how the grade is measured; and, could a condition be to require
more low income units to the project and traffic plans.
Considerable discussion ensued on topics including, but not limited to
traffic median and U-turns in the Linc plan; Sunset Park traffic plan; Vision
Zero and the negative impact from U-turns.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to deny the appeal with the Statement of Official Action reflecting those
specific directions made by the Architectural Review Board. 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
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
give direction to staff when the Sunset Park traffic plan is done, that
specific attention is paid to issues that arise on Ashland Avenue and
11 April 24, 2018
Wilson Place, and that we do our utmost to enforce whatever construction
regulations that are imposed on the adjacent CIM project. The motion was
unanimously approved by voice vote.
Motion by Councilmember Himmelrich, seconded by Mayor Winterer, to
give direction to staff look at the grade issue, the affordable housing
production program issue, and the frontage issue. The motion was
unanimously approved by voice vote.
ORDINANCES:
PARKING RATES
7.A. Introduction and First Reading of an Ordinance Modifying
Sections of the Santa Monica Municipal Code Related to the
Management of Parking and Adoption of Resolution No. 11110 (CCS)
entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING PARKING RATES AND PERMIT
FEES FOR ALL CITY PARKING FACILITIES AND RESOURCES”,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance (Attachment A) modifying
the Monica Municipal Code (SMMC) Section 3.16 related to on-
street parking management and 3.04 related to off-street parking
management; and
2. Adopt the attached resolution (Attachment B) establishing new
transient parking rates and permit parking fees for various City
parking facilities.
Members of the public Denise Barton, Ann Thanawalla, and Zina Joseph
spoke to the recommended action.
Questions asked and answered of staff included: additional permits, if they
are too low, which encourages people to drive instead of carpooling; could
there be a different fee for residents versus non-residents; are the subsidized
parking access at the Library and Ken Edwards included in this plan; are
hearings on parking rates being abolished in this plan; and, is it in the plan
that some of the revenue from parking with go back into maintaining the
structures.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O’Day, to
approve 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
12 April 24, 2018
Councilmember O’Day was
excused at 11:53 p.m.
Motion by Councilmember McKeown, seconded by Councilmember
O’Day, to introduce for first reading an ordinance modifying the Santa
Monica Municipal Code (SMMC) Section 3.16 related to on-street parking
management and 3.04 related to off-street parking management, reading 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
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
Adopt the Resolution No. 11110 (CCS) establishing new transient parking
rates and permit parking fees for various City parking facilities, reading by
title only and waiving further reading thereof. 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
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 12:02 a.m. in
memory of Frank Barnes and Michael Castagnola.
ATTEST: APPROVED:
Denise Anderson-Warren Ted Winterer
City Clerk Mayor
Signature:
Email:
Signature:
Email:
Ted Winterer (Aug 29, 2018)
Ted Winterer
ted.winterer@smgov.net denise.anderson-warren@smgov.net