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m20181218.pdf 1 December 18, 2018 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 18, 2018 A special meeting of the Santa Monica City Council was called to order by Mayor Davis at 4:35 p.m., on Tuesday, December 18, 2018, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich (arrived at 4:38 p.m.) Councilmember Kevin McKeown Councilmember Greg Morena Councilmember Tony Vazquez Councilmember Ted Winterer Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE Councilmember Himmelrich arrived at 4:38 p.m. On order of the Mayor, the City Council convened at 4:35 p.m., with all members present except Councilmember Himmelrich. Councilmember Morena 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 4:37 p.m., to consider closed sessions and returned at 7:34 p.m., with all members present, to report the following: 1.A. Public Employee Evaluation: Title: City Manager The Mayor advised this matter was heard with no reportable action taken. 1.B. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Claim of G. Mark Brown The City Attorney advised this was a property damage claim involving a ficus tree falling onto claimant’s property and recommended a settlement in the amount of $20,000. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 2 December 18, 2018 Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve Settlement No. 10793 (CCS) in the amount o f $20,000. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Viellieux v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 683681 The City Attorney advised this involved an accident on the pier where a wooden plank broke beneath her causing her to fall and suffer injuries. The City disputes and denies liability in the case. The City Attorney’s Office recommended a settlement in the amount of $29,500. Motion by Councilmember Vazquez, seconded by Councilmember Himmelrich, to approve Settlement No. 10794 (CCS) in the amount o f $29,500. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 1.D. 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.E. 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.F. Conference with Real Property Negotiator Property: 3100 – 3200 18th Street, Santa Monica City Negotiator: Rick Valte, City Engineer DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 3 December 18, 2018 Owner of Record: City of Santa Monica Under Negotiation: Interest in Real Property The City Attorney advised this matter was heard with no reportable action taken. 1.G. Conference with Real Property Negotiator Property: Hangar 8, Santa Monica Airport, Santa Monica City Negotiator: Stelios Makrides, Airport Director Owner of Record: City of Santa Monica Under Negotiation: Interest in Real Property The City Attorney advised this is a real property negotiation with respect to Hanger 8 at the Santa Monica Airport. The City entered a five-year lease with Spaces, Inc., the lease included a $307,610 rental credit in exchange for an agreed upon improvements during the term of the lease. To date, $242,805 in rental credit has been provided, but no improvements have been made. Spaces, Inc. advised the city that they are no longer able to maintain the lease or complete the required improvements. The City Attorney’s Office proposes a settlement with terms that Spaces, Inc. will immediately surrender the premises to the city; Spaces will be relieved of remaining lease obligations; and Spaces will pay the city $135,453. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, to approve Settlement No. 10795 (CCS) in the amount of $135,453, with terms. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 1.H. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Christina Winting Interim Director of Human Resources and Human Resources Manager Shawn Weiske, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE) The City Attorney advised this matter was heard with no reportable action taken. 1.I. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54946.9(d)(1): Podrat, et al. v. City of Santa Monica, Los Angeles Superior Court, Case No. BC711380 DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 4 December 18, 2018 The City Attorney advised this was a property damage claim involving a ficus tree and recommended a settlement on the amount of $66,750. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, to approve Settlement No. 10796 (CCS) in the amount of $66,750. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None SPECIAL AGENDA ITEMS: 2.A. Recognition of Councilmember Tony Vazquez, was presented by Mayor Davis. 2.B. Recognition of retiring City employee: Laura Avery, was presented by Mayor Davis. Member of the public Former Mayor Ruth Goldway spoke on this item. REPORT ON COUNCIL TRAVEL Councilmember McKeown, reported that he traveled to Northern California for Community Choice Energy Summit where he heard about all of the opportunities that the city will have through the Clean Power Alliance. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and Elizabeth Van Denburg commented on various Consent Calendar items. At the request of Councilmember Morena, Item 3.M. was pulled, and at the request of Mayor Pro Tem O’Day, Item 3.J. was removed from the Consent Calendar. Motion by Councilmember Winterer, seconded by Councilmember Vazquez, to approve the Consent Calendar except for Items 3.J. and 3.M., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 5 December 18, 2018 BIG BLUE BUS 3.A. Award Construction Contract to EFS West for the Big Blue Bus Methane Detection System Upgrades Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2371 to EFS West, a California-based company, for the construction of the Methane Detection System Replacement for the Big Blue Bus at the Transit-Maintenance Facility. 2. Authorize the City Manager to negotiate and execute Agreement No. 10784 (CCS) with EFS West in an amount not to exceed $632,815 (includes a 10% contingency) for two years with future year funding contingent on Council budget approval. 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. ELECTRIC TRUCKS 3.B. Award Bid to Canadian Electric Vehicles Ltd. for the Purchase of up to 31 Might-E Electric Trucks, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4299 to Canadian Electric Vehicles Ltd., a Canadian- based company, for the purchase and delivery of 25 Might-E Truck vehicles for the Public Works and Housing and Economic Development departments; and 2. Authorize the Procurement Manager to issue a purchase order with Canadian Electric Vehicles Ltd. for the purchase and delivery of 25 Might-E Truck vehicles in the amount not to exceed $1,383,995, with future year funding contingent on Council budget approval; and 3. Authorize the Procurement Manager to issue any necessary change orders to the purchase order in an amount not to exceed $332,159 for the purchase of up to an additional six vehicles for an additional 12 months after receipt of the purchase order, at the same price, terms and conditions. This would result in a revised purchase order total amount not to exceed $1,716,154, with future year funding contingent on Council budget approval. ASPHALT PAVING MIX 3.C. Award Bid to Sully-Miller Contracting for Asphalt Paving Mixes, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4345 to Sully-Miller Contracting, a California-based company, for the purchase of asphalt paving mixes for the Public Works Department; 2. Authorize the Procurement Manager to issue a purchase order with Sully-Miller Contracting for asphalt paving mixes in an amount not DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 6 December 18, 2018 to exceed $179,795 for one year, with four additional one-year renewal options at 5% annual increases for a total amount not to exceed $993,481 with future year funding contingent on Council budget approval. 17TH STREET EXPO BIKE CONNECTIVITY IMPROVEMENT PROJECT 3.D. Award Professional Services Agreement to Stantec Consulting Services, Inc. for the 17th Street Expo Bike Connectivity Improvement Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #SP2484 to Stantec Consulting Services, Inc., a California-based company, to provide design services, develop construction documents, and provide engineering support during the construction of the 17th Street Expo Bike Connectivity Improvement Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute professional services Agreement No. 10785 (CCS) with Stantec Consulting Services, Inc., in an amount not to exceed $905,800 (including a 10% contingency); HOUSING SOFTWARE 3.E. Happy Software Contract with MRI Software, LLC, for License, Maintenance, and Support to Administer Housing Voucher Programs, was approved. Recommended Actions Staff recommends that the City Council authorize the City Manager to negotiate and execute Agreement No. 10786 (CCS) with MRI Software, LLC, a New York-based company, for software licensing, software maintenance, and technical support services for the Housing Authority. The recommended award is made as an exception to the competitive bidding process per Municipal Code 2.24.080 (a). The agreement amount is not to exceed $48,552 for the first year, with four additional one-year renewal options with a maximum annual increase of 3.5 percent, for a total amount not to exceed $267,883 (including a $15,000 contingency) over a five-year period, with future-year funding contingent on Council budget approval. POLICE DEPARTMENT TRUCKS 3.F. Award Bid to Fritts Ford for the Purchase of up to Eight F-150 4x4 Pickup Trucks for the Police Department, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4358 to Fritts Ford, a California-based company, for the purchase and delivery of six F-150 4x4 pickup trucks for the Police Department; 2. Authorize the Procurement Manager to issue a purchase order with DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 7 December 18, 2018 Fritts Ford for the purchase and delivery of six F-150 4x4 pickup trucks in the amount not to exceed $227,454, with future year funding contingent on Council budget approval. 3. Authorize the Procurement Manager to issue any necessary change orders to the purchase order in an amount not to exceed $75,818 for the purchase of up to two additional vehicles for an additional 12 months at the same price, terms and conditions. This would result in a revised purchase order total amount not to exceed $303,272, with future year funding contingent on Council budget approval. FIRE DEPARTMENT TRAINING 3.G. Adopt Resolution No. 11155 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE SANTA MONICA FIRE DEPARTMENT’S MEMBERSHIP IN THE LOS ANGELES AREA REGIONAL TRAINING GROUP AND AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT”, was adopted. Recommended Action 1. Staff recommends that the City Council adopt attached Resolution No. 11155 (CCS) approving the Santa Monica Fire Department’s membership in the Los Angeles Area Regional Training Group (RTG) Joint Powers Authority (JPA) 2. Authorize the City Manager to execute JPA Agreement and to take such reasonable actions as may be required to implement the intent of the agreement. COLLECTIONS AGENCY SERVICES 3.H. Award Contract to I.C. System, Inc. for Collections Agency Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 195 to I.C. System, Inc., a Minnesota-based company, for Collections Agency Services for the Finance Department; 2. Authorize the City Manager to negotiate and execute Agreement No. 10787 (CCS) with I.C. System, Inc. in an amount not to exceed $120,000 for five years with future year funding contingent on Council budget approval. EQUIPMENT MAINTENANCE 3.I. Motorola Equipment Maintenance Contract, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute Maintenance and Support Agreement No. 10788 (CCS) with Motorola Solutions, Inc., an Illinois-based company, for maintenance of the interoperable public safety trunked radio communications sys t e m a n d r a d i o DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 8 December 18, 2018 equipment in an amount not to exceed $1,086,000, over a five-year period with future year funding contingent on Council budget approval. 2. Authorize the Purchasing Manager to issue a purchase order to Motorola Solutions, Inc. for the purchase of portable and mobile radio equipment in the amount not to exceed $750,000, over a five- year period with future year funding contingent on Council budget approval. These recommendations are made as exceptions to the competitive bidding process pursuant to Section 2.24.080 (a), as competition does not exist, for proprietary items of original equipment manufacturers and/or their authorized exclusive distributors. WATER RESOURCES GRANT FUNDS 3.K. Application for Grant Funds from the California State Department of Water Resources Proposition 1 Grant Program for the Santa Monica Sustainable Water Infrastructure Project and Closed Circuit Reverse Osmosis Project, was approved and adopted. Recommended Action Staff recommends that the City Council: 1. Adopt attached Resolution No. 11156 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO CALIFORNIA STATE DEPARTMENT OF WATER RESOURCES WATER DESALINATION GRANT PROGRAM AGREEMENTS FOR THE SANTA MONICA SUSTAINABLE WATER INFRASTRUCTURE PROJECT AND CLOSED CIRCUIT REVERSE OSMOSIS PROJECT” 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. 3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event that the grant is awarded. HOUSING ASSET FUND 3.L. Annual Report on Low- and Moderate-Income Housing Asset Fund, was approved. Recommended Action Staff recommends that the City Council: 1. Receive the Annual Report on the Low- and Moderate-Income Housing Asset Fund for Fiscal Year 2017-18 and authorize staff to post the report on the City's website by December 31, 2018; and 2. Direct staff to present the independent audit of the Low- and Moderate-Income Housing Asset Fund to the Council upon DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 9 December 18, 2018 completion of the independent audit of the City’s Comprehensive Annual Financial Report (CAFR) and authorize staff to post the results of the audit on the City's website after presentation to Council. PAYROLL SYSTEM 3.N. Modifications to Agreements with Kronos, the City's Payroll System, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a fifth modification to Sales Agreement and Software License Agreement #8417 (CCS) in the amount of $143,505 with Kronos, Inc., a Massachusetts-based company, for upgrade services, training, and hardware for Kronos, the City’s electronic timekeeping system. This would result in an 18-year amended agreement with a new total amount not to exceed $608,684, with future year funding contingent on Council budget approval; 2. Authorize the City Manager to negotiate and execute a fourth modification to Software Maintenance and Support Agreement #8434 (CCS) in the amount of $647,791 (including $50,000 in contingency) over five-years with Kronos, Inc., for Software as a Service (SaaS) licenses. This would result in an 18-year amended agreement with a new total amount is not to exceed $1,850,445 with future year funding contingent on Council budget approval; and, 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. HOMELAND SECURITY PROJECTS 3.O. State Homeland Security Grant Program (SHSGP) 2017 Grant Acceptance for Homeland Security Projects, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $214,000 from the 2017 State Homeland Security Grant Program (SHSGP) for homeland security projects, and to accept all grant renewals. 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. POLICE EQUIPMENT 3.P. Purchase of In-Car Camera Systems, Body Worn Cameras, and Cloud-based memory storage for the Police Department, was approved. Recommended Action Staff recommends that the City Council authorize the City M a n ager to DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 10 December 18, 2018 negotiate and execute Agreement No. 10796 (CCS) with Axon Enterprises, Inc., an Arizona-based company, for the purchase of 325 body worn camera systems, 75 in-car camera systems and related accessories, and supplies, for the maintenance of the in-car camera and body worn camera equipment, and for the cloud-based storage on Evidence.com for the storage of archived video for a total amount not to exceed $392,964 for the first year and a total amount not to exceed $2,044,265 (including a 10% contingency) for a period up to five years with future year funding contingent on Council budget approval. This recommendation is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b) where competitive bid procedures have already been utilized, such as in purchasing from Federal, State, County, City or special district government agencies. FIRE DEPARTMENT EQUIPMENT 3.Q. Increase Purchase Order with Zoll to Purchase Cardiac Monitor Durable Goods, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a change order to purchase order #21901362 in the amount of $150,000 with Zoll Corporation, a Massachusetts-based company for the purchase of cardiac monitor defibrillator durable goods (batteries, battery chargers, cables, cuffs, pads, monitor paper, and specialty items), for the Fire Department. This would result in a revised purchase order total not to exceed $683,139, with future year funding contingent on Council budget approval. BENEFITS 3.R. P & A Group - New Vendor for Flexible Spending Account Administration, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute professional services Agreement No. 10791 (CCS) with P&A Group, a New York-based company, in an amount not to exceed $275,000 (includes 10% contingency) for administration of the City’s Flexible Spending Account, Dependent Care Account, Section 125 Cafeteria Plan, COBRA and Retiree Billing over a five-year period, with two one-year renewal options for $60,000 each, which includes a 10% contingency and fee changes after the five-year period. PERFORMANCE MANAGEMENT SOFTWARE 3.S. Modification to Agreement with NEOGOV, the City’s Onboarding and Performance Management Software, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10257 in the amount of $71,7634 with Governmentjobs.com, Inc. dba NEOGOV, a California based company, for Human Resources onboarding and performance DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 11 December 18, 2018 management software. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b) and will result in an amended five-year agreement with a new total amount not to exceed $165,069, with future year funding contingent on Council budget approval. MINUTES 3.T. City Council - Special Meeting Minutes- Aug 28, 2018 4:30 PM, were approved. ELECTRONIC MARKETPLACE 3.U. Authorization to Purchase from Six Vendors Through an Internal Online/Electronic Marketplace, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the Procurement Manager to purchase goods and services though an internal online/electronic marketplace with CDW-G, an Illinois-based company; Grainger, an Illinois-based company; Ricoh, an Ōta, Tokyo, Japan-based company; Royal Corporation, a California-based company; Supply Works, a Georgia-based company; and Waxie Sanitary Supply, a California-based company; 2. Authorize purchases of goods and services through an internal online/electronic marketplace as an exception to the competitive bidding process pursuant to Section 2.24.080 (b) where the City would purchase from cooperative purchasing agreements for a total amount not to exceed $3,235,400 over a five-year period with CDW- G, an Illinois-based company; Grainger, an Illinois-based company; and Ricoh, an Ōta, Tokyo, Japan-based company; and 3. Authorize purchases of goods and services for a total amount not to exceed $1,659,400 over a two-year period as an extension of existing City solicitations with Royal Corporation, a California-based company; Supply Works, a Georgia-based company; and Waxie Sanitary Supply, a California-based company, for a total amount not to exceed $4,894,800, with future year funding contingent on Council budget approval. DISPLACED FAMILIES 3.V. Housing for Families Displaced by the Malibu Fire, was approved. Recommended Action Staff recommends that Council authorize temporary forbearance of enforcement of the City’s local preference policy for nine Community Corporation of Santa Monica properties funded by housing trust funds to provide housing opportunities for low-income families with children currently enrolled in the Santa Monica-Malibu Unified School District who are permanently displaced due to the Woolsey fire in Malibu. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 12 December 18, 2018 SANTA MONICA PIER CAROUSEL Councilmember Morena was excused at 8:17 p.m. 3.M. Operation and Maintenance of the Santa Monica Pier Carousel, was presented. Recommended Action Staff recommends that the City Council: 1. Award RFP# 197 to Roth Management, a California-based company, for the operation and maintenance of the Santa Monica Pier Carousel; 2. Authorize the City Manager to negotiate and execute three-year Agreement No. 10790 (CCS) with Roth Management, in an amount not to exceed $783,348 ($253,437 for the first year, with annual CPI increases of one to three percent thereafter), with two additional one- year renewal options on the same terms and conditions, for a total contract amount not to exceed $1,345,531 over a five-year period, with future-year funding contingent on Council budget approval. Councilmember Morena recused himself to avoid the appearance of a conflict of interest because his family owns and operates a restaurant on the Pier. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmember Himmelrich, McKeown, Winterer, Vazquez, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Morena ELECTRIC VEHICLE ACTION PLAN Councilmember Morena returned at 8:18 p.m. Mayor Pro Tem O’Day was excused at 8:18 p.m. 3.J. Award Professional Services Agreement to Willdan Engineering for the Electric Vehicle Action Plan Design, was presented. Recommended Action Staff recommends that the City Council: 1. Award RFP #SP2572 to Willdan Engineering, a California-based company, to provide design services, develop construction documents, and provide engineering support during the construction of the Electric Vehicle Action Plan design for the Public Works Department; 2. Authorize the City Manager to negotiate and execute professional services Agreement No. 10789 (CCS) with Willdan Engineering in an amount not to exceed $409,912 (including a 10% contingency). Mayor Pro Tem O’Day recused himself to avoid any potential conflict of interest, because he works in the electric vehicle industry. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 13 December 18, 2018 Questions asked and answered of staff included, has staff looked at the Montana night time charging and/or gotten the neighborhood input on the different neighborhoods and where the chargers will be placed. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Davis NOES: None ABSENT: Mayor Pro Tem O’Day STUDY SESSION: CORPORATE HOUSING Mayor Pro Tem O’Day returned at 8:21 p.m. 4.A. Corporate Housing potential goals and policy options, was approved. Recommended Action Staff recommends that the City Council review and discuss potential goals and policy options to guide an updated corporate housing ordinance. Members of the public Denise Barton, Shawn Landres, Anastasia Foster, Linda Piera-Avila (time donated by Genise Schnitman), Jennifer Kennedy (time donated by Debbie Perry), Michael Tarbet (time donated by Eileen Carry), and Harvey Eder. Questions asked and answered of staff included: what would it take to redefine non-permanent residential use as a commercial use, and are there any legal impediments to doing that, if we decide to; is there a way to require leases on residential apartments be made only with natural persons and made for a minimum period of 12 months; what would it take to change procedures on permits so that incremental conversion of properties from truly residential to non-permanent residential would not be able to be done with a series of counter permits, how can we catch that; what would it take to raise the fines and penalties, including buyouts, and are the fines and penalties accurate the way they are; what can be done to control the advertising for corporate housing; how feasible is it to charge a vacancy tax for units that are not occupied; could this tax apply to both commercial and residential property: Is there a way to flag all rent control apartments that are being renovated; can the city impose a penalty on those owners who violate the relocation buyout processes; are non-disclosure contracts legal; and, are there any other short-term steps that can be taken to help reduce the conversion of long-term housing to short-term housing. Considerable discussion ensued on topics including, but not limited to: redefine corporate housing; keep the amenities simple, have staff come back as soon as possible for medium-term housing; look at a 12-month minimum DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 14 December 18, 2018 for medium-term housing; medium-term housing should be established in the commercial zones of the city; and if someone is making more money per square foot, they should in turn provide more deed restricted low-income housing in return. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to propose the following staff direction: 1) Come back with an Interim zoning ordinance defining medium term residential as a commercial use prohibited in all residential zones; 2) require leases on apartments be made only to natural persons and require a 12-month initial lease; 3) Commence deeper scrutiny of alterations to rental stock that might lead to being used for medium term residential; 4) return with recommendations and justification for increase fines and penalties on things leading to medium-term residential, including on buyouts; and, 5) r e t u r n w i t h a w a y , b y o r d i n a n c e , to control the advertising of medium-term housing. Mayor Davis, proposed a friendly amendment to include: 1) how to protect the existing housing market, and keep from conversing to medium-term housing. What else can be done to accommodate more innovative housing types down the line, where there is no displacement of existing residents; 2) Staff return with an honest evaluation about what the enforceability of these measures are. The motion was considered friendly by the maker and seconder. Councilmember Winterer, proposed a friendly amendment to include having staff redefine what is previously known as corporate housing. The motion was considered friendly by the maker and seconder. Councilmember Himmelrich, suggest staff look at the feasibility options of vacancy tax for residential units in the commercial use of medium-term rentals; and, buyout offers be submitted upon presentation to a tenant and the Rent Control board before tenants can accept the offer. The motion was considered friendly to the maker and seconder. The Mayor asked for clarification from the maker on what should b e considered when defining medium-term rentals. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to give direction to staff including, amendments. The motion was unanimously approved by voice vote with all members present. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 15 December 18, 2018 ORDINANCES: PARK AND BEACH CODE 7.A. Introduction and first Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 4.55 – Park and Beach Code; and Chapter 4.68 – Community Events, was presented. Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Chapter 4.55 - Park and Beach Code; and Chapter 4.68 - Community Events. There were no members of the public present. Questions asked and answered of staff included: does this include the Lincoln Swim center; what is an example of a large group of 20 or more; once a group buys a permit, would the city be responsible for staffing; what is the genesis of why this is necessary; how would one get this permit, and how long does it take; does there have to be a permit, is there another way to notify or an easier way; is there a fee anticipated with the permit; and, how does the Coastal Commission treat these. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with the amendment adding the phrase “but not limited to” after Aquatic Facilities. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None STAFF ADMINISTRATIVE ITEMS: 18TH STREET ARTS CENTER 8.A. Authorization to enter into a management agreement for Airport Art Studios with 18th Street Arts Center, was presented. Recommended Action Staff recommends that the City Council: 1. Award RFP #190 to 18th Street Arts Center, a California-based company for management of the arts program at the Santa Monica Airport for the CCS Department; 2. Authorize the City Manager to negotiate and execute Agreement No. 10792 (CCS) with 18th Street Arts Center, in an amount not to exceed $250,000 per year (which includes a $50,000 contingency per year), for an initial two year term, with three additional one-year renewal options in the amount of $250,000, on the same terms and conditions for a total amount not to exceed $1,250,000 over a 5-year period with future funding contingent on Council budget approval. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 16 December 18, 2018 Members of the public Sue Bell Yank, Anu Vikram, Jeny Amayer, Daniel Greaney, Ines Garcia, Cheyanne Soulter, Ted Schwab, Jan Williamson (time donated by Saul Quintero), Adrienne Luce, David McDonald, Lori Harris, Jerry Rubin, Dwight Trible, and Laurie Yehia, spoke generally in favor of the recommended action. Members of the public Juliellen Weiss (time donated by Sarah Sims), Berenika Beberska, Carlo Siliotto, Max Borenstein, Ramin Ebrahimi, Natalie Raf, Amy Raash, Eric Drachman, Keith Flamonk, Shawn Wexman, Giti Rabbar, Brigita Slekys, Dominic Harris, Bonnie Kini, Deb Foster, Chrystal Michaelson (time donated by Krista Augius), Kristina Jakstys, Carl Berg, Ian Schuler, Jason Ironi (time donated by Amit Yehudayan Ironi), Jose de Perez, Rachel Chu, Sara Issakharian, Shahram Kaquanfar, Arezv Kaywanfer, Emily Ashenfelter (time donated by Merci Manklow), Rick Ruiz, Laura Stone, Miki Yokoyama, Joan Abramson, Tomoaki Shibata, Luigi Gorim (time donated by Paul Art Lee), Becky Lantry, CJ Leedy, Bruria Finkel, Shakira del Fresco, Kateryna Marchuck and Audrey Marchuck spoke generally in opposition to the recommended action. Questions asked and answered of staff included: would the artist rent directly from the city, not the operator, and is it true that the majority of their rents would be less; and, why are we doing this when we are going to do another RFP in two years. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to adopt the staff recommendation. Councilmember Morena, proposed a substitute motion to suspend the process, and look for other options. The motion failed due to a lack of a second. The main motion was approved by the following vote: AYES: Councilmembers Himmelrich, McKeown, Winterer, Vazquez, Mayor Pro Tem O’Day, Mayor Davis NOES: Councilmember Morena ABSENT: None BIG BLUE BUS 8.B. Proposed March 2019 Big Blue Bus Service Changes, was presented. Recommended Action Staff recommends that the City Council approve the proposed Big Blue Bus (BBB) operating plan for new and restructured BBB routes and schedules for March 2019 implementation; and, adopt an adjustment to the Rapid 10 fare. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 17 December 18, 2018 Members of the public Christine Ivey, Erskin Robinson (time donated by Derrick Bailey), Denise Barton, Jerry Rubin, Cris Gutierrez, and Harvey Eder spoke generally in favor of the recommended action. Questions asked and answered of staff included: what is the marketing plan for the Pilot program; how do you plan to market and do outreach on the new routes and extensions when you launch new service; how long does it take to standardize ridership; what do you think about the Rapid service going down Lincoln being deleted; who are the downtown loop intended users, and has there been any consideration to have this be free; what are the plus and minuses of extending the service as far north as Wilshire; have you considered alternative types of vehicles for the downtown pilot plan; what are the plans for the 18 bus; and, is it quicker to take the 10 bus into downtown L.A. instead of the Expo. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: BUILDING & FIRE - LIFE SAFETY COMMISSION 13.A. Appointment to one unscheduled vacancy on the Building & Fire - Life Safety Commission for a term ending June 30, 2021, was continued to a future meeting. COMMISSION ON THE STATUS OF WOMEN 13.B. Appointment to one unscheduled vacancy on the Commission on the Status of Women for a term ending June 30, 2021, was presented. There were no members of the public present. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer, nominated Glenda Callanen. Councilmember Morena, nominated Kelsey O’Hara Kelsey O’Hara was appointed by the following vote: Callanen: Councilmembers Winterer, McKeown, Mayor Davis O’Hara: Councilmembers Vazquez, Himmelrich, Morena, Mayor Pro Tem O’Day DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 18 December 18, 2018 Councilmembers Winterer, McKeown and Mayor Davis changed their votes to O’Hara, thereby appointing Kelsey O’Hara by acclamation to the Commission on the Status of Women for a term ending July 30, 2021, with all members present. CLEAN BEACHES AND OCEAN PARCEL CITIZENS TAX OVERSIGHT COMMITTEE 13.C. Appointment to three annual vacancies on the Clean Beaches and Ocean Parcel Citizens Tax Oversight Committee for terms ending 12/31/2020, was presented. There were no members of the public present. On order of the Mayor, the floor was opened for nominations. Councilmember McKeown nominated reappointing Benjamin Kay and Vanessa Meier. There being no other nominations Mr. Kay and Ms. Meier were reappointed by acclamation for a term ending December 31, 2020 to the Clean Beaches and Ocean Parcel Citizens Tax Oversight Committee, with all members present. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Troy Harris. There being no other nominations Mr. Harris was voted by acclamation for a term ending December 31, 2020, to the Clean Beaches and Ocean Parcel Citizens Tax Oversight Committee, with all members present. AUDIT SUBCOMMITTEE 13.D. Recommendation to accept Greg Morena's resignation from the Audit Subcommittee and authorize the City Clerk to publish the vacancy, was presented. There were no members of the public present. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present. PERSONNEL BOARD 13.E. Recommendation to accept Bud Pell's resignation from the Personnel Board and authorize the City Clerk to publish the vacancy, was presented. There were no members of the public present. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to accept the resignation with regret. DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 19 December 18, 2018 The motion was approved by a unanimous voice vote, with all members present. COMMISSION ON THE STATUS OF WOMEN 13.F. Recommendation to accept Madeleine Brand's resignation from the Commission on the Status of Women and authorize the City Clerk to publish the vacancy, was presented. There were no members of the public present. Motion by Councilmember Winterer, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present. MEASURE R 13.G. Request of Councilmembers McKeown and Himmelrich that the Council, in order to achieve mandated compliance with voter-approved Measure R, which requires that 30% of all new multi-family housing be affordable, direct staff to prepare amendments to the Affordable Housing Production Plan disallowing the current option for developers to provide fewer extremely low-income units, until such time as a feasibility study can be completed to extend, as economically justified, to the rest of the City, the Downtown Community Plan formula requiring a mix of units at appropriate sizes and affordability levels , was presented. Members of the public Shawn Landres, Paula Larmore (time donated by Jennifer Johnson), Harvey Eder, and Jennifer Kennedy spoke on the recommended action. Questions asked and answered of staff included: what is the applicability date, and what kind of projects would this apply to, and why wouldn’t we have this come back with the feasibility study and a couple other options. Discussion included not looking at the problem holistically, because piece mail solutions may cause an unintended result; these types of matters typically go to the Planning Commission before they come before the Council; and, how long will it take to get a feasibility study done. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to approve the recommendation, to bring this back as soon as practical. The motion was unanimously approved by voice vote, with all members present. CLEAN POWER ALLIANCE 13.H. Request of Councilmember McKeown, as Santa Monica’s Director on the Board of the Clean Power Alliance of Southern DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281 20 December 18, 2018 California, that the Council authorize a letter from our Mayor to the California Public Utilities Commission expressing concern about the magnitude of proposed Southern California Edison rate increases, and of past financial losses Southern California Edison proposes to pass on to future customers of the Clean Power Alliance, and suggesting alternative options that would result in a more fair outcome for all ratepayers, including customers in Santa Monica, was presented. There were no members of the public present to speak. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve the recommendation. The motion was unanimously approved by voice vote, with all members present. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:50 a.m. in memory of Merlin Murf. ATTEST: A P P R O V E D : Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: C37FA33B-4C89-4B8C-AB3E-830EBD568281