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m20181023 - signed.pdf1 October 23, 2018 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 23, 2018 A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:30 p.m., on Tuesday, October 23, 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 5:50 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 5:30 p.m., with all members present except Councilmember O’Connor. Mayor Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Councilmember O’Connor arrived at 5:50 p.m. Councilmember O’Day was excused at 6:55 p.m. Member of the public Denise Barton commented on public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:35 p.m., to consider closed sessions and returned at 6:59 p.m., with Councilmember O’Day absent, 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): 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.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): HomeAway.com, Inc. & Airbnb, Inc. v. City of 2 October 23, 2018 Santa Monica, Case Nos. 18-55367, 18-55805, 18-55806 (Ninth Circuit) The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel – Anticipated Litigation – R e q u e s t t o e n t e r i n t o a l a w s u i t a s a n a m i c u s c u r i a e , p u r s u a n t to § 54956.9: City of Chicago v. Sessions, U.S. Court of Appeals for t h e Seventh Circuit, Case No. 18-2885 The City Attorney advised this matter is an amicus brief request. The City of Chicago brought this lawsuit challenging new conditions imposed by the U.S. Department of Justice on the Byrne JAG law enforcement grant program. The conditions deny federal funds to so-called sanctuary jurisdictions. The City has been asked to join the National League of Cities, the U.S. Conference of Mayors, the City of L.A., and others in signing an amicus brief in support of the City of Chicago’s position. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve joining the amicus brief. The motion was unanimously approved by voice vote, with Councilmember O’Day absent. 1.D. Conference with real property negotiator Properties: 256 and 258 Santa Monica Pier City negotiator: Andy Agle, Director of Housing and Economic Development; Elana Buegoff, Pier Administrator Under negotiation: Lease Terms Owner of Record: City of Santa Monica 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): Marinello v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 638873 The City Attorney advised this was a trip and fall matter due to sidewalk displacement, and recommended a settlement in the amount of $20,000. Motion by Mayor Pro Tem Davis, seconded by Councilmember Himmelrich, to approve Settlement No. 10776 (CCS) in an amount of $20,000. 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 3 October 23, 2018 1.F. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant go Government Code Section 54956.9 (d)(2): 1 case The City Attorney advised this matter was heard with no reportable action taken. SPECIAL ANNOUNCEMENT The Mayor read a brief announcement about the arrest of City employee, Eric Uller for charges of illegal, sexual conduct with four minors. The reported incidents happened in the 1990’s. Mr. Uller is on Administrative leave while the investigation is done. SPECIAL AGENDA ITEMS: 2.A. Proclamation: National Disabilities Employment Awareness Month, was presented by the Mayor. 2.B. City Manager Report: Update on Minimum Wage Enforcement, was presented. 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. Members of the public Phil Derner, Denise Barton, Andrew Wilder, Zina Josephs, Joseph Schmitz (time donated by Joan Nan Tassel), Mary Marlow, Dave Hopkins, and Edward Story commented on various Consent Calendar items. At the request of Mayor Winterer and Councilmember Himmelrich, Items 3-C and 3-I were removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the Consent Calendar except for Items 3-C and 3-I, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Himmelrich, McKeown, O’Connor, Vazquez Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmember O’Day PURCHASE MOTORCYCLES 3.A. Award Bid for the Purchase of up to 20 BMW Motorcycles for the Police Department, was approved. Recommended Action Staff recommends that the City Council: 4 October 23, 2018 1. Authorize the Purchasing Services Manager to issue a purchase order with Long Beach BMW Motorcycles, a California-based company, for the purchase and delivery of up to nine BMW Police motorcycles for the Public Works Department in FY 2018-19 as part of an existing contract with the City of San Diego. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b), as competitive bidding has already occurred. The award is for a total amount not to exceed $283,597, with future year funding contingent on Council budget approval. 2. Authorize the Purchasing Services Manager to issue any necessary change orders to the purchase order for the purchase of 11 additional BMW Police motorcycles through the life of the City of San Diego contract expiring on June 20, 2019, with four one-year extension options through June 20, 2023, to replace up to five motorcycles damaged beyond repair during the course of Police Department activities and another six motorcycles that will be up for replacement in FY 2021-22, for an additional amount not to exceed $363,119, resulting in a total amount not to exceed $646,716, with future year funding contingent on Council budget approval. CITY SERVICES BUILDING 3.B. Award of Furniture Agreement for City Services Building Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# SP2250 to ARCHI.TXTURE (DBA: Catalyst Office), a California-based company, to provide Steelcase furniture systems and related services including design, delivery and installation for the City Services Building Project and on an as-needed basis for other City staff offices; 2. Authorize the City Manager to negotiate and execute Agreement No. 10771 (CCS) with Catalyst Office, for a total amount not to exceed $3,000,000 (including an $85,220 contingency) for five years, with future funding contingent on Council budget approval. TRANSIT SECURITY 3.D. Memorandum of Agreement Between Big Blue Bus and the Los Angeles Police Department to provide Transit Security and Law Enforcement Services on its public buses, bus stops, and other locations as needed, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Memorandum of Agreement (MOA) No. 10772 (CCS) with the City of Los Angeles Police Department (LAPD) to provide transit security and law enforcement services to Big Blue Bus (BBB) on its public buses, bus stops, and other locations as needed within its service 5 October 23, 2018 area outside of the borders of the city of Santa Monica, and working in coordination with SMPD on any interjurisdictional issues. The recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b). The MOA will be for a one-year pilot program for a total amount not to exceed $504,580 ($480,552 with 5% contingency) with future year funding contingent on Council budget approval. MINIMUM WAGE ENFORCEMENT 3.E. Amended and Restated Agreement for Minimum Wage Enforcement Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Amended and Restated Agreement No. 10773 (CCS) with the Los Angeles County Department of Consumer and Business Affairs (LA County) for minimum wage enforcement services. This action would result in an agreement for a term up to 10 years for a total contract amount not to exceed $1,250,000, with future year funding contingent on Council budget approval. BUSINESS LICENSE SOFTWARE 3.F. Modification to Agreement No. 9756 (CCS) for Business License Software Maintenance and Support Services and Software Development Services for Finance Department, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #9756 (CCS) with HdL Software, LLC (“HdL”) in an estimated amount of $169,000 to extend the agreement for three years, with one two-year renewal option, for business license software maintenance and support services and to increase the agreement amount for additional software development services for the Finance Department. The modification will result in a 10-year amended agreement for a new total amount not to exceed $378,275, with future year funding contingent on Council budget approval. UTILITY USERS TAX 3.G. Utility Users Tax and Franchise Fee Audit and Revenue Enhancement Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #162 to MuniServices, LLC, a California-based company for Utility Users Tax and Franchise Fee Audit and Revenue Enhancement Services for the Finance Department; 2. Authorize the City Manager to negotiate and execute five-year Agreement No. 10774 (CCS) with MuniServices, LLC, in an estimated amount of $320,000 with future year funding contingent on Council budget approval. 6 October 23, 2018 CITY DESIGNEE FOR LABOR NEGOTIATIONS 3.H. Designating City’s Labor Negotiators Under Govt. Code Section 54957.6, was adopted. Recommended Action Adopt Resolution No. 11145 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING REPRESENTATIVES TO PARTICIPATE IN CITY COUNCIL CLOSED SESSIONS FOR LABOR NEGOTIATIONS.” MINUTES 3.J. Minutes for the City Council - Special Meeting - Jul 24, 2018 4:30 PM, were approved. MINUTES 3.K. Minutes for the City Council - Regular Meeting - Jul 24, 2018 5:30 PM, were approved. MINUTES 3.L. Minutes for the City Council - Regular Meeting - Jun 26, 2018 5:30 PM, were approved. AIRFIELD PAVEMENT Councilmember O’Day arrived at 7:53 p.m. 3.C. Reject All Bids for the Reuse of Excess Airfield Pavement Project, was presented. Recommended Action Staff recommends that the City Council: 1. Reject all bids for Bid #SP2533 for the Reuse of Excess Airfield Pavement Project for the Public Works Department. 2. Direct staff to reissue a bid to obtain the best bidder for the Reuse of Excess Airfield Pavement Project. The Mayor pulled this item for an explanation of what was being recommended, and to clarify that this item is not about removing the pavement, that decision has already been made. The question tonight is if the bids received were higher than anticipated, and determine if the city should go back out to seek additional bids, to lower the cost of this project. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to reject bids and send this project back out to bid to only include the project which includes the full pulverization and stabilization of the runway safety area. The motion was approved by the following vote: AYES: Councilmembers O’Connor, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSTAIN: Councilmember O’Day 7 October 23, 2018 EMPLOYEE HEALTH BENEFITS 3.I. Annual Premiums to Blue Shield of California for Employee Health Benefits, was presented. Recommended Action Staff recommends that the City Council authorize the City Manager to execute Contract No. 10775 (CCS) with Blue Shield of California (Blue Shield) for a total amount not to exceed $82,957,553 over a three-year period. Subsequent renewals following the three-year period would be exercised by Professional Services Agreement Renewal Letter. Councilmember Himmelrich pulled this item for clarification from staff since this is such a large dollar item on the Consent Calendar. Motion by Councilmember Himmelrich, seconded by Councilmember Vazquez , to approve the recommended action. The motion was approved by the following vote: AYES: Councilmember O’Connor, O’Day, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None ORDINANCES: WEIGHT RESTRICTION ON PIER 7.A. Second Reading and Adoption of Ordinance No. 2589 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING SANTA MONICA MUNICIPAL CODE SECTION 10.08.565 TO ESTABLISH A VEHICLE WEIGHT RESTRICTION REQUIREMENT FOR THE SANTA MONICA PIER BRIDGE”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem 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, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None TAXICAB FRANCHISE 7.B. Modification to Taxicab Franchise for consistency with AB 1069 and AB 939, and extension of Taxicab Franchise Agreement with TMAT Corp (dba Taxi! Taxi!), was presented. Recommended Action 1) Introduce for first reading of an ordinance amending Chapter 6.49 of 8 October 23, 2018 the Santa Monica Municipal Code modifying provisions of the taxicab franchise regulations; 2) Adopt Resolution No. 11146 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING TAXICAB FRANCHISE FEES, VEHICLE PERMIT FEES, AND TAXIMETER RATES” Members of the public Sandford Clair, Henry Royt, Neil Evans, Daniel Klein, Marco Soto, Thomas Larmore (time donated by Hossam Salem), Ahmed Salem (time donated by Mamoud Salem), and Ayman Radwan spoke to the recommended action. Questions asked and answered of staff included: how do you define substantially located; meter rates, and what the resolution does and how it affects the drivers; does the minimum wage law apply to the taxi cab drivers; once the changes are adopted and there is only one company that qualifies, has there been any thought into monitoring whether or not there are enough vehicles in the city and how it affects curb space; is this new regulation creating a monopoly instead of being more flexible and less competitive with other carshare companies; can we change the regulations if we find that this isn’t working; and, how does the city base the majority of business, is that based on the company or the driver. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to introduce and hold first reading of 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’Day, O’Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None Motion by Mayor Winterer, seconded by Mayor Pro Tem Davis, to adopt the resolution 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 9 October 23, 2018 ELECTRIC VEHICLES Councilmember O’Day was excused at 8:58 p.m. 7.C. Introduction and First Reading of an Ordinance Amending Chapter 4.55 of the Santa Monica Municipal Code to Authorize and Regulate Electric Vehicles in City Park Parking Lots After Hours, was presented. Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance amending Chapter 4.55 of the Santa Monica Municipal Code to authorize and regulate electric vehicles in city park parking lots after hours. Councilmember O’Day stated that he was recusing himself from this item to avoid any perception of a conflict of interest. There were no members of the public present. Questions asked and answered of staff included: what are the number of charging stations, and how many will be available at other local parks, does Virginia Avenue Park close at night; and, is there concern that there aren’t enough chargers around town, given the increase in electric cars in town. Motion by Councilmember McKeown, seconded by Councilmember O’Connor, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O’Connor, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmember O’Day STAFF ADMINISTRATIVE ITEMS: RENEWABLE ELECTRICITY 8.A. Selection of Renewable Electr i c i t y D e f a u l t R a t e f o r R e s i d ential Customers, was presented. Recommended Action Staff recommends that Council approve selection of the 100% renewable energy tier option as the default product for Clean Power Alliance of Southern California residential customers in Santa Monica. Members of the public Denise Barton, Chris Gutierrez, Antonella Borjas, Ferris Kawar, and Harvey Eder, spoke generally in favor of the recommended action. Questions asked and answered of staff include: is there anything customers have to do at home other than signing up; is there anything else this community could do to reduce the greenhouse gases easier; when this transition happens, will Edison still be as committed to providing energy 10 October 23, 2018 efficient programming and outreach; will the city do outreach to educate consumers on the change as well as the increase on their bill; and, how will this affect consumers who already have solar panels. Motion by Councilmember McKeown, seconded by Councilmember O’Connor, 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 BOARDS/COMMISSIONS: STATUS OF WOMEN 10.A. Request from the Commission on the Status of Women regarding protections for hotel workers, was presented. The Commission on the Status of Women recommends that the Council consider legislation to protect hotel workers from sexual violence, unreasonable workloads, and provide comprehensive education and training. Members of the public Jerry Rubin, Reverend Rae Huang, Danielle Wilson (time donated by Hugo Soto), Ismelda Keyes (time donated by Maria Espinoza), James Witker, and Bridie Roberts spoke generally in favor of the recommended action. Considerable discussion ensued on topics including, but not limited to: looking at what impact increasing the living wage has caused, and express gratitude to the Commission on the Status of Women for bringing this to Council; could something like this be enforced through private action; the panic button seems to be the number one matter; and, a study session would be a better way to go in order to create a more effective ordinance. Motion by Councilmember McKeown, seconded by_Mayor Pro Tem Davis, to direct staff to prepare an ordinance based on all the elements mentioned in the Commission on the Status of Women’s letter, and looking at the other cities that were mentioned, including Emeryville, and others. The City Manager raised some concerns about enforcement issues, and suggested that Council should provide direction to bring this back as a Study Session instead of as an ordinance, so that these issues can be worked out in advance of creating an ordinance. Substitute motion by Councilmember O’Connor, seconded by_Mayor Winterer, to bring this item back as a study session. 11 October 23, 2018 The substitute motion failed by the following vote: AYES: Councilmember O’Connor, Mayor Winterer NOES: Councilmembers McKeown, Vazquez, Himmelrich, Mayor Pro Tem Davis ABSENT: Councilmember O’Day The main motion was brought back to the floor and 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 COUNCILMEMBER DISCUSSION ITEMS: RECREATION & PARKS 13.A. Appointment to one unscheduled vacancy on the Recreation & Parks Commission for a term ending 6/30/2020. (Continued from the October 9, 2018 meeting), was presented. Member of the public Marcy Kaplan spoke on this item. On order of the Mayor, the floor was opened for nominations. Councilmember Himmelrich nominated Derek Devermont. Mayor Pro Tem Davis, nominated Marcy Kaplan There was no appointment made on the first round with the following vote: Devermont: Councilmembers Vazquez, Himmelrich, Mayor Winterer Kaplan: Councilmembers McKeown, O’Connor. Mayor Pro Tem Davis The Mayor opened the floor for nominations. Mayor Pro Tem Davis, nominated Marcy Kaplan There being no other nominations, Marcy Kaplan was appointed by acclamation to the Recreation & Parks Commission, with Councilmember O’Day absent. ARTS 13.B. Appointment to one unscheduled vacancy on the Arts Commission for a term ending June 30, 2020. (Continued from the October 9, 2018 meeting), was presented. There were no members of the public present. On order of the Mayor, the floor was opened for nominations. 12 October 23, 2018 Councilmember Himmelrich nominated Phil Brock. There being no other nominations, Phil Brock was appointed by acclamation to the Arts Commission, with Councilmember O’Day absent. SOCIAL SERVICES 13.C. Appointment to one unscheduled vacancy on the Social Services Commission to a term ending 6/30/2022. (Continued from the October 9, 2018 meeting), was presented. There were no members of the public present. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tem Davis, nominated Eric Stoff. Councilmember Himmelrich, nominated Ryan Hass Eric Stoff was appointed by the following vote: Stoff: Councilmembers McKeown, O’Connor, Mayor Pro Tem Davis, Mayor Winterer Hass: Councilmembers Vazquez, Himmelrich Councilmembers Vazquez and Himmelrich changed their votes to Stoff, thereby appointing Eric Stoff by acclamation to the Social Services Commission, with Councilmember O’Day absent. COUNCIL TRAVEL FUNDS 13.D. Request of Councilmember McKeown, Santa Monica’s Director on the Board of the Clean Energy Alliance of Southern California, to authorize use of his Council travel funds to attend the Community Choice Energy Summit in San Francisco, November 28 through 30th, was presented. There were no members of the public present. Motion by Councilmember O’Connor, seconded by Mayor Winterer, to adopt the recommendation. The motion was approved by the following vote: AYES: Councilmembers O’Connor, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmember O’Day PUBLIC INPUT: Members of the public Denise Barton, Art Casillas, and Harvey Eder commented on various local issues. 13 October 23, 2018 ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:38 p.m. in memory of Jack Casey and Lawrence “Wayne” Harding. ATTEST: APPROVED: Ted Winterer Ted Winterer (Feb 19, 2019)  Denise Anderson-Warren Ted Winterer City Clerk Mayor