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m20190910.pdf 1 September 10, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 10, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:35 p.m., on Tuesday, September 10, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Greg Morena Councilmember Ted Winterer Absent: Councilmember Kevin McKeown Also Present: City Manager Rick Cole City Attorney Lane Dilg Assistant City Clerk Nikima S. Newsome CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present except Councilmember McKeown. Councilmember Himmelrich 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 5:37 p.m., to consider closed sessions and returned at 6:40 p.m., with Councilmember McKeown 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): Sutphin v. City of Santa Monica, Los Angeles Superior Court, Case No. BC624887 The City Attorney reported the individual alleges they suffered injuries after falling on a Big Blue Bus. In order to avoid the uncertainty and expense of further litigation the City Attorney recommends a settlement in the amount of $700,000. Motion by Councilmember Winterer, seconded by Councilmember Morena, to approve Settlement Agreement 10938 (CCS) in the amount of DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 2 September 10, 2019 $700,000. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day and Mayor Davis NOES: None ABSENT: Councilmember McKeown 1.B. Conference with real property negotiator (Govt. Code section 54956.8): Property: 4 parcels seaward of the 1921 Mean High Tide Line and adjacent to 850 Palisades Beach Road City negotiators: Judith Meister, Beach Manager Negotiating party: Jonathan Club Under negotiation: Lease price and terms The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR, and Human Resources Manager Shawn Weiske, Bargaining Unit: Executive Pay Plan (EPP) The City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to § 54956.9(d)(4): City of Boise v. Martin, U.S. Supreme Court, Case No. 19-247 The City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Legal Counsel – Anticipated Litigation – Initiate litigation pursuant to Government Code Section 54956.9(d)(4): 1 case The City Attorney advised this matter was not discussed. AGENDA MANAGEMENT Mayor Davis stated that due to Councilmember McKeown’s absence she would like to continue Items 13.A., 13.B. and 13.C. to the September 24th Council meeting. Councilmember Winterer proposed making an appointment to one of the two new open seats on the Urban Forest Task Force in Item 13.D. and DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 3 September 10, 2019 continuing the second appointment to the September 24th Council meeting. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve appointment to one new open seat on the Urban Forest Task Force in Item 13.D. and to continue the second appointment to the September 24th Council meeting. The motion was approved by unanimous voice vote. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report: Regional Fire Prevention Efforts by Santa Monica Fire Department and Southern California Edison, was presented by the City Manager. 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 Denise Barton, Jonathon Foster, Korie Schmidt, and David Morris commented on various Consent Calendar items. At the request of Mayor Pro Tem O’Day, Items 3.J. and 3.K. were removed from the Consent Calendar. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer, to approve the Consent Calendar except for Items 3.J. and 3.K., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Himmelrich, Morena Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown STREET LIGHTING 3.A. Award Bid and enter into Construction Contract for Street Lighting Modernization Program - Package 2, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2574 to Elecnor Belco Electric, Inc., a California- based company, for construction services for the Street Lighting Modernization Program – Package 2 Project for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Contract No. 10931 (CCS) with Elecnor Belco Electric, Inc. in an amount not to DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 4 September 10, 2019 exceed $1,651,100 (including a 10% contingency); Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. CITYWIDE MAINTENANCE 3.B. Award Agreement with Casco Equipment Corporation for Citywide Door and Gate Maintenance and Repair Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Agreement No. 10932 (CCS) with Casco Equipment Corporation, a California-based company, to provide door and gate maintenance and repair services for City facilities, per Bid #4329, for a total amount not to exceed $487,500 over a five-year period, with future year funding contingent on Council budget approval. SOFTWARE LICENSES 3.C. Agreement with PCMG, Inc. for Annual Purchase of Microsoft Software Licenses, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Agreement No. 10933 (CCS) and issue a Purchase Order with PCMG, Inc, a Virginia-based company, for the purchase of Microsoft software licenses, including software license upgrades and license planning services for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $2,500,000 (including a 10% contingency of $225,000), over a three-year period, with future year funding contingent on Council budget approval. CITY MAINTENANCE SOFTWARE 3.D. Approval of Software Maintenance and Support Services Agreement with Maintenance Connection, Inc. to track information about City Facilities and properties, maintenance requests, and repairs to the public right-of-way, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Software Maintenance and Support Agreement No. 10934 (CCS) with Maintenance Connection, a California corporation, for a period of one-year with two additional one-year renewal options, with Maintenance Connection, Inc. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080 (b) for an amount not to exceed $150,000. Future funding is contingent on Council budget approval. DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 5 September 10, 2019 WATER MAINS 3.E. Approval of first Modification to Contract No. 10733 (CCS) with Michels Pipeline Construction for Water Main Replacement Project, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a first modification to contract #10733 (CCS) in the amount of $1,186,875 (including $237,375 contingency) with Michels Pipeline Construction, a Wisconsin-based company, for the emergency replacement of 1,350 linear feet of water main pipeline on Ocean Avenue from Wilshire Boulevard to Washington Avenue for the Public Works Department. This will result in an amended contract with a new total amount not to exceed $6,245,667. 2. Authorize the City Manager to negotiate and execute a first modification to professional services contract #10760 (CCS) in the amount of $50,000 (including a 10% contingency) with MNS Engineers, Inc., a California-based company, to provide construction management services for water main pipeline on Ocean Avenue from Wilshire Boulevard to Washington Avenue for the Public Works Department. This will result in an amended contract with a new total amount not to exceed $450,000. AUDIO-VISUAL EQUIPMENT 3.F. Agreement with ELB US, Inc. for the purchase of audio-visual equipment, including system design/implementation and support services, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #198 to ELB US, Inc., a California-based company for the purchase of audio-visual equipment, system design and implementation, and support services for the Public Works Department; 2. Authorize the City Manager to negotiate and execute Agreement No. 10935 (CCS) with ELB US, Inc. in an amount not to exceed $495,855 (including $373,843 for equipment and installation services, $85,716 for five years of support, and a 10% contingency of $36,296) with future year funding contingent on Council budget approval. COUNCIL MEETING SCHEDULE 3.G. Cancellation of Regular City Council Meeting Scheduled for October 8, 2019, and Scheduling of a Special Meeting for October 15, 2019, was approved. Recommended Action Staff recommends that the City Council vote to: 1) Cancel the regular meeting scheduled for October 8, 2019, due to the Holiday; and, DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 6 September 10, 2019 2) Schedule a special meeting for October 15, 2019. COUNCIL MEETING SCHEDULE 3.H. Cancellation of Regular City Council Meeting Scheduled for November 26, 2019, and Scheduling of a Special Meeting for November 5, 2019, was approved. Recommended Action Staff recommends that the City Council vote to: 1) Cancel the regular meeting scheduled for November 26, 2019, due to lack of a quorum; and, 2) Schedule a special meeting for November 5, 2019. HOMELESS SERVICES 3.I. Approval of Modification of Contracts for Homeless Street- Based Services: OPCC HMST and LA County C3 Team, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to execute a fourth modification to agreement #10291 (CCS) in the amount of $1.2 million with OPCC, a California based company, for the continued operation of the Homeless Multidisciplinary Street Team (HMST). This proposed modification would also extend the term through June 30, 2021, resulting in a five-year amended agreement with a new total amount not to exceed $2.85 million, with future year funding contingent upon Council budget approval. 2. Authorize the City Manager to execute a second amendment to agreement #10593 (CCS) in the amount of $893,103 with Los Angeles County, for the continued operation and expansion of the C3 homeless outreach team to operate within Santa Monica city limits, under the direction of the City. This will result in a three year amended agreement with a new total amount not to exceed $2 million, with future funding contingent upon Council budget approval. 3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. MINUTES 3.L. Approval of Minutes of the August 27, 2019 Special City Council Meeting, were approved. MINUTES 3.M. Approval of Minutes of the August 29, 2019 Special City Council Special Meeting, were approved. DIRECT CURRENT FAST CHARGING STATIONS Mayor Pro Tem O’Day 3.J. Award Request for Proposal #224 and enter into Agreement with EVgo Services LLC for Public Direct Current Fast Charging Stations, was approved. DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 7 September 10, 2019 was excused at 7:09 pm Recommended Action Staff recommends that the City Council: 1. Award RFP# 224 to EVgo Services LLC, a California-based company, to provide DC fast charging services in Santa Monica;  2. Authorize the City Manager to negotiate and execute Agreement No. 10936 (CCS) with EVgo Services LLC Corporation to install, own, and operate DC fast charging stations on City-owned properties.   Mayor Pro Tem O’Day recused himself due to a potential conflict of interest. He previously worked for EVgo as of over a year ago. Motion by Councilmember Winterer, seconded by Councilmember Morena, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Himmelrich, Morena Mayor Davis NOES: None ABSENT: Councilmember McKeown and Mayor Pro Tem O’Day WINDWARD LEASE AGREEMENT STUDY SESSION: DECARBONIZATION Mayor Pro Tem O’Day returned at 7:11 pm 3.K. Approval of Modification to Windward Lease Agreement to allow a Covenant to be recorded on City-Owned Property, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute Windward School lease Agreement No. 10937 (CCS) to allow a covenant to be recorded on City-owned property and require its removal at the time of lease termination. 2. Authorize the City Manager to sign, on behalf of the City as property owner, the covenant and all related documents.   Mayor Pro Tem O’Day recused himself due to a potential conflict of interest. His daughter currently attends Windward School. Motion by Councilmember Jara, seconded by Councilmember Winterer, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Winterer, Jara, Mayor Davis NOES: None ABSENT: Councilmember McKeown and Mayor Pro Tem O’Day DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 8 September 10, 2019 HOUSING 4.A. Study Session on Decarbonizing Buildings Through Electrification, was presented. Recommended Action Staff recommends that the City Council review and comment on building electrification strategies to provide policy direction on priorities for achieving carbon emission reductions. Members of the public Diane Forte, Denise Barton, Matt Stauffer, Andrew Hoyer, Laverne Von Klan, Judy Abdo, David Pettit, Jerry Rubin, and Phillip Tate spoke on the recommended action. Considerable discussion ensued on topics including, but not limited to: retrofitting buildings for electrification of heat pumps; incentives for electrification; providing proactive education and guidance; what is being done to incentive citizens; using caution in implementing a program without having a solution; sensitivity to kitchen culture in restaurants; how significantly large buildings proceed to retrofit; providing assistance to lower income residents; benchmarking and energy audits; and demonstration projects for such items as induction stoves and electric cars. 4.B. Review Potential Goals and Policy Options for Existing Housing Stock and Consider Role of New Housing Models, was presented. Recommended Action Staff recommends that the City Council review and discuss potential goals and policy options for protecting the City’s existing housing stock and consider what role new housing models may have in the production of housing that consists of both affordable and market rate units serving the full range of family and household sizes in the City. Members of the public Denise Barton, Jackson McNeill, Jennifer Kennedy, Shawn Landres, and Ellis Raskin spoke on the recommended action. Questions asked and answered of staff included: how to regulate medium lease term units; how to prohibit short term lease terms in current housing stock; what the proposed options for lease renewals are; how would the prospective state bill on rent control effect the proposed plan; did staff anticipate that it would be all units under any sense of rent control; if the landlord and tenant could negotiate terms on a lease; where the new housing model units would be available; are there any other cities that have a per capita TOT rate similar to Santa Monica; how can a lease term be regulated; student housing concerns; requiring leases of natural persons; how can current housing stock be converted to a new model or a micro unit; can a short term rental be classified as a commercial use; the definition of medium term housing; how to address the issue of existing buildings being modified to create multiple units; is there a way to create more flexibility in housing models while maintaining affordability; and DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 9 September 10, 2019 how to differentiate between the need for someone to sublease in order to be able to afford their current home that has become too expensive to maintain. Considerable discussion ensued on topics including, but not limited to: protecting rent control housing from medium to short term housing; balancing the need for medium term housing in a new economy; restricting leases to natural persons; acknowledging that the housing needs of younger members of the community have changed; building more homes in order fulfill environmental concerns; concerns about requiring a one year lease; no rent control being offered in any of the new housing models; prioritizing the needs of those looking to live in the City permanently versus those only wishing to live in the City temporarily; funding parks and open space for those who are living in smaller units; a one year lease minimum in rent control units; no new housing models in existing housing stock; and affordable family housing. ORDINANCES: HOTEL WORKERS PROTECTION 7.A. Second Reading and Adoption of Ordinance No. 2614 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SANTA MONICA MUNICIPAL CODE CHAPTER 4.67 TO ENHANCE PROTECTION OF HOTEL WORKERS IN THE LOCAL HOSPITALITY INDUSTRY”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Councilmember Jara, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown BUILDING CODES Councilmember Morena stepped away at 11:13 pm and returned at 11:14 p.m. 7.B. Introduction and First Reading of an Ordinance adopting Local Amendments to the 2019 Energy and Green Building Codes and adoption of Resolution No. 11197 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, TOPOGRAPHICAL, AND ENVIRONMENTAL CONDITIONS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 17958.7 AND 18941.5”, was presented. Recommended Action Staff recommends that the City Council: DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 10 September 10, 2019 1. Adopt the attached resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2019 California Energy Code and 2019 California Green Building Standards Code; 2. Introduce for first reading the attached ordinance that adopts the 2019 California Energy Code, 2019 California Green Building Standards Code and Santa Monica local amendments; and 3. Direct the City Manager to file the adopted resolution and ordinance with the California Energy Commission following the second reading of the ordinance at least 30 days before the effective date of the Codes. Members of the public Diane Forte, Mike Harriel, Jenny Pezda, Geoffrey Danker, and Denise Barton spoke generally in opposition to the recommended action. Questions asked and answered of staff included: will this enforce the requirement to use solar in remodel projects; solar access requirements; the methodology in achieving the recommendation in the report; what percentage accounts for the cost and how is it measured and is outreach to the public being done to educate the public. Motion by Councilmember Winterer, seconded by Councilmember O’Day, to adopt the resolution. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Himmelrich Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmembers McKeown and Morena Motion by Councilmember Winterer, seconded by Councilmember O’Day, 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 Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmembers McKeown and Morena Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to file the adopted resolution and ordinance with the California Energy Commission following the second reading of the ordinance at least 30 days before the effective date on the Codes. The motion was unanimously approved by voice vote by all members present. DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 11 September 10, 2019 TENANT RELOCATION 7.C. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code 4.36.020 To Improve Clarity and Add an Additional Basis for Payment of Permanent Tenant Relocation Expenses, was presented. Recommended Action Staff recommends that the City Council: 1. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 4.36.020 to improve clarity and precision and to add an additional basis for mandatory payment of relocation expenses; 2. Amend the Affordable Housing Production Program Administrative Guidelines (Attachment B) and the Housing Trust Fund Guidelines (Attachment C) to provide affordable-housing-referral priority for income- qualified households displaced as a result of constructive eviction associated with owner-occupancy, rent-decontrol of their apartments. 3. Direct staff to explore whether such households could also qualify for affordable-housing priority for federally funded housing vouchers. Members of the public Peter Borresen and Lori Brown spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to: how does this ordinance safeguard against abuse by other party; maximum allowable rents and general annual adjustments; how many exemptions are the Rent Control Board approving per month; the potential impacts of AB 1482; and authorized surcharges. Motion by Councilmember Himmelrich, seconded by Councilmember Jara, 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 Jara, Winterer, Himmelrich, Morena Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to amend the Affordable Housing Production Program Administrative Guidelines to provide affordable-housing-referral priority for income-qualified households displaced as a result of constructive eviction associated with owner-occupancy, rent-decontrol of their apartments. The motion was approved by the following vote: DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 12 September 10, 2019 AYES: Councilmembers Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to direct staff to explore whether such households could also qualify for affordable-housing priority for federally funded housing vouchers. The motion was unanimously approved by voice vote by all members present. HOME-SHARING 7.D. Introduction and First Reading of an Ordinance Amending Chapter 6.20 to Strengthen Regulation of Home-sharing¸ was presented. Recommended Action Staff recommends: (1) that the City Council introduce for first reading the attached proposed amendments to Chapter 6.20 of the Santa Monica Municipal Code to strengthen the regulation of home-sharing within Santa Monica; and (2) that the City Council pass Resolution No. 11198 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING APPLICATION AND RENEWAL FEES FOR THE HOME-SHARING PROGRAM.” Members of the public Robin Nydes, June Stoddard, and George Preomas spoke generally in opposition to the recommended action. Questions asked and answered of staff included: are there home-sharing insurance policies available; are the permit fees enough to cover costs; safety regulation requirements; the ability to raise fines for violators of the ordinance and the associated jail time; and the process for annually renewing business licences and permits and the associated fees. Considerable discussion ensued on topics including, but not limited to: does allowing home-sharing allow for residents to stay in their homes due to the increasing cost of living in the City; modifying the ordinance to allow for two listings and two groups simultaneously; and the inability to enforce the limit to the number of days a home-share is available for rent. Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and to revise the ordinance to allow two listings and two groups simultaneously but subject to the density restrictions as recommended in the staff report. The motion was approved by the following vote: DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 13 September 10, 2019 AYES: Councilmembers Morena, Himmelrich, Winterer, Jara Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to adopt the resolution. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Himmelrich, Morena Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown STAFF ADMINISTRATIVE ITEMS: SUSTAINABLE WATER 8.A. Approval of the Sustainable Water Infrastructure Project (SWIP) Design/Build Contract Guaranteed Maximum Price Amendment, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a Guaranteed Maximum Price amendment to Design-Build Agreement No. 10736 (CCS) in the amount not to exceed $84,973,490 (including $6,050,000 City contingency) with Kiewit Infrastructure West Co., a Delaware-based company, for the construction phase of the Sustainable Water Infrastructure Project for the Public Works Department for a new total amount not to exceed $92,473,490. 2. Authorize the Director of Public Works to issue any necessary change orders and contract modifications to complete additional work within the contract authority. 3. Authorize the City Manager to negotiate and execute a first modification to Professional Service Agreement No. 10541 (CCS) in the amount of $1,090,080 with Stantec Consulting Services, an Edmonton, Canada-based company, to provide additional owner’s engineer services and construction inspection services for the Public Works Department. This will result in a five-year agreement with a new total amount not to exceed $2,740,000, with future year funding contingent on Council budget approval. 4. Authorize the City Manager to accept and execute the amended funding agreement and all necessary documents to increase the funding from the State Water Board Clean Water State Revolving Fund Program in the amount of $19,000,000 and to accept all renewals. 5. Adopt attached Resolution No. 11199 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 14 September 10, 2019 APPLY FOR ADDITIONAL CALIFORNIA STATE WATER RESOURCES CONTROL BOARD LOAN FUNDING, NEGOTIATE AN AMENDMENT TO THE EXISTING LOAN FUNDING AGREEMENT”. 6. Adopt attached Resolution No. 11200 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO DEDICATE AND PLEDGE WASTEWATER FUND REVENUES TO PAYMENT OF ANY AND ALL CLEAN WATER STATE REVOLVING FUND AND/OR WATER RECYCLING FUND PROGRAM FINANCING FOR THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT”. 7. Authorize the Director of Public Works, as the City’s Authorized Representative pursuant to State Water Board requirements, to issue any necessary amendments to the Clean Water State Revolving Fund agreement within contract authority. 8. Authorize the budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Member of the public John Sweeten spoke generally in opposition to the recommended action. Questions asked and answered of staff included: does the reduction of the size of the storage tank have any impact on our ability to reach water self sufficiency goals; is this still our best solution to reach water independence by 2023; how long will it take to complete the project; what the source of the funding will be; the ability to harvest wastewater in other parts of the City; were there any limitations to the design that impacted the cost that are associated with any other policy decisions and why is the size of the tank being changed. Considerable discussion ensued on topics including, but not limited to: the actual cost of the rate increases; opportunity costs; funding options; and options for capturing more water. Motion by Councilmember Winterer, seconded by Mayor Davis, to adopt the staff recommendations 1-4, 7 and 8. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Winterer, Jara Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Jara, seconded by Councilmember Himmelrich, to adopt the resolution authorizing the application for an additional DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 15 September 10, 2019 $19,000,000 in funding from the State Water Board Clean Water State Revolving Fund Program. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Himmelrich, Morena Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown Motion by Councilmember Himmelrich, seconded by Councilmember Jara, to adopt the resolution for Reimbursement and Pledged Revenue and Funds. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Winterer, Jara, Morena Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember McKeown COUNCILMEMBER DISCUSSION ITEMS: HOUSING COMMISSION 13.A. Appointment to two unscheduled vacancies on the Housing Commission for terms ending June 30, 2021 and June 30, 2022, was continued to September 24, 2019. SOCIAL SERVICES COMMISSION 13.B. Appointment to one unscheduled vacancy on the Social Services Commission for a term ending on June 30, 2020, was continued to September 24, 2019. TASK FORCE ON THE ENVIRONMENT 13.C. Appointment to one unscheduled vacancy on the Task Force on the Environment, was continued to September 24, 2019. URBAN FOREST TASK FORCE 13.D. Appointment to two new seats on the Urban Forest Task Force for terms ending 6/30/2021, was presented. Members of the public Emily Forscher and Ellis Raskin, spoke on the recommended action. On order of the Mayor, the floor was opened for nominations. Councilmember Winterer nominated Grace Phillips. Grace Phillips was voted by acclamation – unanimous vote in her favor, with Councilmember McKeown absent. Appointment to the second seat was continued to September 24, 2019. PUBLIC INPUT: Members of the public Jonathan Foster, David Morris, and Lori Brown commented on various local issues. DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69 16 September 10, 2019 ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:35 a.m. in memory of Tricia Winterer, Matt Dinolfo, Marybeth Guiney, and Charles McIlvain. ATTEST: A P P R O V E D : Nikima S. Newsome Gleam Davis Assistant City Clerk Mayor DocuSign Envelope ID: 2947AC93-6205-40B3-A079-22F6E47EFB69