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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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