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
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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.
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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
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(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.
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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
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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
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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:
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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
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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
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