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m20201124.pdf 1 November 24, 2020 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 24, 2020 A regular of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, November 24, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/kejwxtjs Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Terry O’Day Councilmember Gleam Davis Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Kristin McCowan Councilmember Ted Winterer Also Present: Interim City Manager Lane Dilg Interim City Attorney George Cardona City Clerk Denise Anderson-Warren CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:33 p.m., to consider closed sessions and returned at 6:32 p.m., with all members present, to report the following: 1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): EJA Associates, L.P., a California limited partnership v. City of Santa Monica, et al., Los Angeles Superior Court, Case Nos. 20SMCV01103, 20SMCV01550. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.B. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: Ocean Park Villas, 2019 - 2219 5th Street, Santa Monica, California; City Negotiator: Andy Agle, Director of Community Services; Owner of Record: Ocean Park DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 2 November 24, 2020 Villas, Ltd.; Under negotiation: Option to Purchase. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): City of Santa Monica v. Ronald Walden, Los Angeles Superior Court, Case No. SC127433. The Interim City Attorney reported the City filed this lawsuit against landlord Ronald Walden for violations of Santa Monica’s Tenant Harassment ordinance and Anti-Housing Discrimination ordinance. The allegations against Walden include that he rented only to female tenants and that he made repeated entries to the rented premises without notice or justification. The City Attorney recommend settlement under which Walden would be the subject of a preliminary injunction to prevent him from renting out his single family home in Santa Monica or his single family home in Simi Valley and Walden would pay $100,000 to cover damages for the tenants and the City, costs, and fees. Motion by Councilmember Himmelrich, seconded by Councilmember Davis, to approve Settlement Agreement No. 11113 (CCS), with terms, and payment to the city in the amount of $100,000. The motion was approved by the following vote: AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None SPECIAL AGENDA ITEMS: 2.A. Recognition of Mayor McKeown & Mayor Pro Tempore O’Day, was presented. 2.B. Recognition of Mayor Pro Tempore Terry O'Day, Councilmember Winterer & Councilmember Jara, was presented. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Craig Miller, Burt Champagne, Manuel Vazquez, Phillip Caraco, Meredith Coon, and, Denise Barton commented on various Consent Calendar items. The City Clerk announced the minutes for Nov. 10th have been amended to add the correction for Item 3.B. that was read into the record. DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 3 November 24, 2020 Interim City Manager Lane Dilg provided clarification for transparency for Item 3.B., as there was community concern about the language of the recommended action. Staff agreed with community members who were concerned that language could be also read as, “to approve the project without identification of the site with the potential addition injection well, and that staff will continue to evaluate alternative sites and engage the community before returning to Council for well location approval.” Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to approve the Consent Calendar, as amended, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None NORTH BEACH TRAIL 3.A. Approval of Fifth Modification to Agreement Number 10354 (CCS) with KPFF Consulting Engineers for North Beach Trail Improvements Project Design, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a fifth modification to agreement #10354 (CCS) in the amount of $54,411 with KPFF Consulting Engineers, Inc. for additional design services on the North Beach Trail Improvements project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $907,533; and 2. Authorize budget changes as outlined in the Financial Impacts & Budget Action section of this report. OLYMPIC WELLFIELD/ARCADIA WATER TREATMENT PLANT 3.B. Adoption of Resolution No. 11305 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE OLYMPIC WELL FIELD RESTORATION AND ARCADIA WATER TREATMENT PLANT EXPANSION PROJECT”, was adopted. Recommend Action Staff recommends that the City Council: 1. Adopt attached Resolution No. 11305 (CCS) (Attachment A) for the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the environmental review phase of the City of Santa Monica’s proposed Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion Project DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 4 November 24, 2020 (Project); 2. Approve the Project with the conditions that staff will return to council for well location approval if no alternative to placing the well at Ishihara Park can be identified; and 3. Authorize the City Manager to negotiate and execute a first modification to agreement #10981 (CCS) in the amount of $510,000 with Walsh Construction Company II, LLC, for design- build services in support of the Project for the Public Works Department. This would result in a three-year amended agreement with a new total amount not to exceed $5,573,001, with future year funding contingent on Council budget approval. , MEETING CANCELLATION 3.C. Approval of Cancellation of Regular City Council Meeting Scheduled for December 22, 2020, and Scheduling a Special Meeting for December 15, 2020, was approved. Recommended Action Staff recommends that the City Council vote to: 1) Cancel the regular meeting scheduled for December 22, 2020, due to a lack of a quorum; and, 2) Schedule a special meeting on December 15, 2020. DEVELOPMENT IMPACT FEES 3.D. Review and Accept Annual Reporting of Development Impact Fees, was approved. Recommended Action Staff recommends that the City Council review and accept the FY 2019-20 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2019-20 Childcare Linkage Fee Report per SMMC Chapter 9.65. AIRPORT ELEVATOR 3.E. Approval to Reject All Bids for Bid #SP2524 Airport Elevator Modernization Project, was approved. Recommended Action Staff recommends that the City Council: 1. Reject all bids for Bid #SP2524 for Task Order 30 Elevator Modernization for the Public Works Department due to bids far exceeding the architect’s estimate; and 2. Direct staff to reissue a bid in order to obtain the best bidder for the Elevator Modernization Project. FLEET MANAGEMENT 3.F. Award Contract No. 11110 (CCS) to Genuine Parts Company for Integrated Business Solutions for the City's Fleet Management Division, was approved. DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 5 November 24, 2020 Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Genuine Parts Company, dba NAPA Auto Parts, for an Integrated Business Solution for the Public Works 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 $3,300,000 including a 10% contingency over a two year period, with three one year renewal options in the total amount of $4,950,000 including a 10% contingency, for a total amount not to exceed $8,250,000 over 5 years, with future year funding contingent on Council Approval. BIG BLUE BUS 3.G. Approval of First Contract Modification with WaySine, LLC for Real-time Arrival Signs at BBB Bus Stops, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute the first modification to agreement #10757 (CCS) with WaySine, LLC., a Hawaii- based company, for the purchase and installation of additional real-time signs and lighting units for Big Blue Bus stops and shelters under the original contract. TRAFFIC MANAGEMENT 3.H. Approval of Second Contract Modification with Elecnor Belco Electric, Inc. for the Advanced Traffic Management System Phase 5 Project, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10720 (CCS) in the amount of $62,020 with Elecnor Belco Electric, Inc, a California-based company, for the Advanced Traffic Management System Phase 5 Project. This will result in an amended agreement with a new total amount not to exceed $2,085,020. BENEFITS 3.I. Award Request for Proposal and enter into Agreement No. 11111 (CCS) with Plansource Benefit Administration, Inc. for Benefits Administration System, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP to PlanSource Benefits Administration, Inc., for a benefits administration system for the Human Resources Department; 2. Authorize the City Manager to negotiate and execute an agreement with PlanSource Benefits Administration, Inc., in an amount not to exceed $53,500, including a 10% contingency, for one-year with DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 6 November 24, 2020 one additional one-year renewal option in the amount of $53,500, on the same terms and conditions for a total amount not to exceed $107,000 over a two-year period, with future funding contingent on Council budget approval. POLICE 3.J. Approval of Police Canine Retirement, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the retirement of police service dog Boris from Police service. 2. Authorize Boris be sold to Santa Monica Police Officer Greg Kapp for the sum of one dollar. BIG BLUE BUS 3.K. Approval of Contract Modification for Big Blue Bus Customer Satisfaction Survey Analysis, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10209 in the amount of $379,890 with The Maroon Society, Inc. for customer satisfaction survey work for the Big Blue Bus Department. This will result in extending the term of the agreement for five years (to a total term of ten years) maintaining the same budget authority with the total amount not to exceed $379,890, with future year funding contingent on Council budget approval. HOUSING ELEMENT 3.L. Authorization of LEAP Grant Budget and Award Contract No. 11112 (CCS) to Wood LLC to Provide Professional Services for the Housing Element Update Environmental Impact Report, was approved. Recommended Action Staff recommends that the City Council: 1. Award to Woods, LLC the RFP for environmental consulting services for the Housing Element EIR for the Community Development Department; 2. Authorize the City Manager to negotiate and execute a contract with Wood LLC, a global professional environmental consulting company, in an amount not to exceed $358,838 for environmental consulting services related to the Housing Element. HOMELESS SERVICES 3.M. Approval of Homeless Management Information System Contract Amendment with Pathways Community Network Institute, was approved. Recommended Action DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 7 November 24, 2020 Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10840 in the amount of $280,000 with Pathways Community Network Institute, dba Pathways Municipal Information Systems, Inc. for software licensing, custom programming and system administration of a homeless management information system. This would result in a five-year agreement for a total amount not to exceed $705,000, with future- year funding contingent upon Council budget approval. CONFLICT OF INTEREST CODE 3.N. Adoption of Resolution No. 11306 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 11148 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE FILED”, was adopted. Recommended Action Staff recommends that the City Council update the City’s Conflict of Interest Code by adopting the proposed resolution. MINUTES 3.O. Minutes of City Council - Regular Meeting - September 8, 2020, were approved. MINUTES 3.P. Minutes of City Council - Regular Meeting - November 10, 2020, were approved, as amended. ORDINANCES: ST. MONICA DEVELOPMENT AGREEMENT 7.A. Second Reading and Adoption of Ordinance No. 2659 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AMONG THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, THE ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION, A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION, AND THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, A CORPORATION SOLE”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance Motion by Councilmember Davis, 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: DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 8 November 24, 2020 AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None HOTEL WORKERS 7.B. Introduction and First Reading of an Ordinance to Modify Agreement for the Hotel Workers Protection, was presented. Recommended Action Staff recommends that the City Council: 1. Introduce for first reading an ordinance modifying Santa Monica Municipal Code (SMMC) section 4.67.060 to extend the effective date upon which a Public Housekeeping Certificate is required; and 2. Authorize the City Manager to execute a First Modification to Professional Services Agreement No. 10986 (CCS) with The Office of Workforce & Economic Development at Santa Monica College to extend the contract for two one-year options to align the agreement with the extended training deadline. There were no members of the public present for this item. Questions asked and answered of staff included, does this only affect the training, because all of the other items like the panic buttons and other protections that the Council enacted are already required, or would this delay those in some way. Motion by Councilmember Davis, seconded by Councilmember Winterer, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof; and, to authorize the City Manager to execute a First Modification to Professional Services Agreement No. 10986 (CCS) with The Office of Workforce & Economic Development at Santa Monica College. The motion was approved by the following vote: AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None PUBLIC HEARINGS: WATER FEES 9.A. Adoption of Resolution Nos. 11307 (CCS) and 11308 (CCS) for Water & Wastewater Capital Facility Fees (Connection Fees), was presented. Recommended Action Staff Recommends that the City Council: 1. Hold a public hearing and receive public comment; 2. Accept and approve the Water and Wastewater Capital Facility Fee DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151 9 November 24, 2020 Study Report; and 3. Adoption of Resolutions No. 11307 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE WATER CAPITAL FACILITY FEE,” and Resolution No. 11308 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE WASTEWATER CAPITAL FACILITY FEE.” There were no members of the public present for this item. Questions asked and answered of staff included: if the 20 seat restaurant that becomes a 40 seat restaurant, is the increase in fees because of pipe size is larger or because of an estimate of usage; doesn’t that encourage people to not provide accurate information of the type of business they’re going to be doing; does the increase in cost work into an estimate over the next five years like a cost of living adjustment; and, has the automatic calculation been included in the study. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to accept and approve the Water and Wastewater Capital Facility Fee Study Report; and, to adopt Resolution Nos. 11307 (CCS) and 11308 (CCS) approving the proposed increases to the water and wastewater capital facility fees. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None PUBLIC INPUT: Members of the public Jonathan Foster, Cris Gutierrez, and, Denise Barton commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 8:26 p.m. ATTEST: APPROVED: Denise Anderson-Warren Kevin McKeown City Clerk Mayor DocuSign Envelope ID: 3E912413-12E0-4EA5-8A29-F08AC89DC151