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m20200428.pdf 1 April 28, 2020 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 28, 2020 A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, April 28, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/zqvrbskb Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Terry O’Day Councilmember Gleam Davis Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Greg Morena Councilmember Ted Winterer Also Present: Interim City Lane Dilg Acting 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 5:34 p.m., to consider closed sessions and returned at 7:43 p.m., with all members present, to report they were postponing Closed Session until after the Open Session is complete. The Council recessed back to Closed Session at 8:50 p.m., and returned at 10:45 p.m., with all members present, to report the following: 1.A. Public Employee, Government Code Section 54957(b): Interim City Attorney – Appointment. The Mayor reported that the City Council appointed Acting George Cardona as the Interim City Attorney. 1.B. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Laura Kalty, Outside Counsel, Liebert Cassidy Whitmore. Unrepresented Employee: Interim City Attorney. DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 2 April 28, 2020 The Mayor advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: California, et al. v. Texas, et al., U.S. Supreme Court Case No. 19-840; Texas, et al. v. California, et al., U.S. Supreme Court Case No. 19-1019. The Interim City Attorney recommended to authorize the City to sign on to an amicus brief being filed by a coalition of cities and counties in these two consolidated Supreme Court cases, in support of California’s defense of the Affordable Care Act. Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve joining the amicus brief. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown 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): Herbert Woods v. City of Santa Monica, Los Angeles Superior Court, Case No. 19STCV14060. The Interim City Attorney advised this involves a lawsuit that was filed by a Plaintiff who was struck by a City pickup truck driven by a Beach maintenance employee while sleeping on the beach. The City disputes the allegations in the lawsuit, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended the City Council approve a settlement in the amount of $150,000. Motion by Councilmember Himmelrich, seconded by Councilmember Jara, to approve Settlement No. 11043 (CCS) in the amount of $150,000. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jeffery Gaul v. Nicholas Henry Robles, City of DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 3 April 28, 2020 Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCV00395. The Interim City Attorney advised this involves a lawsuit filed by a Plaintiff who alleges injury from accidents, the first one didn’t involve the City. In the second the Plaintiff alleges that he suffered injuries after being rear-ended by a car driven by a Santa Monica Police Department employee. The City disputes the allegations made in the lawsuit, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended the City Council approve a settlement in the amount of $22,500. Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to approve Settlement 11044 (CCS) in the amount of $22,500. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None 1.F. Conference with Legal Counsel – Potential Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9(d)(4) – 1 case. The Interim City Attorney advised this matter was heard with no reportable action taken. 1.G. Conference with Labor Negotiator: Government Code Section 54957.6 Agency Designated Representatives: Chief People Officer Lori Gentles and Human Resources Manager Shawn Weiske. Bargaining Units: Administrative Team Associates, California Teamsters Local 911, Confidential Unrepresented Employees Pay Plan, Executive Pay Plan, Municipal Employees Association, Management Team Associates, Public Attorneys Legal Support Staff Union, Public Attorneys Union, Santa Monica Fire Executive Management Association, Santa Monica Firefighters Local 1109 IAFF, Santa Monica Police Officers Association, Supervisory Team Associates, International Association of Sheet Metal, Air, Rail, and Transportation Workers, Transportation Division Local 1785 (SMART TD). The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 4 April 28, 2020 1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Elizabeth Gadzimugometovas v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 693429. The Interim City Attorney advised the Plaintiff filed a lawsuit alleging injuries from a collision between her motorcycle and the Big Blue Bus. The City disputes the allegations in the lawsuit, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended the City Council approve a settlement in the amount of $225,000. Motion by Councilmember Jara, seconded by Councilmember Winterer, to approve Settlement 11045 (CCS) in the amount of $225,000. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None SPECIAL AGENDA ITEMS 2.A. City Manager's Report: Economic Recovery, was presented. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Motion by Councilmember Morena, seconded by Councilmember Himmelrich, to approve removing Item 3.G. at the request from staff. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None Member of the public Denise Barton’s comment on various Consent Calendar items were read into the record. At the request of Councilmember Morena, Item 3.J and Councilmember Jara, Item 3.C. were removed from the Consent Calendar. Motion by Councilmember Morena, seconded by Councilmember Jara, to approve the Consent Calendar except for Items 3.C and 3.J, reading resolutions by title only and waiving further reading thereof. DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 5 April 28, 2020 The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None DESIGN MASTER SERVICES AGREEMENTS 3.A. Award Proposal and Enter into Master Services Agreement Nos. 11018 (CCS) through 11030 (CCS) for Architectural, Structural Engineering and Mechanical, Electrical and Plumbing Design Service, was approved. Recommended Action Staff recommends that the City Council: 1. Establish a pre-qualified list for various design services as part of RFQ #SP2624 consisting of 27 consultants for the Public Works Department; 2. Authorize the City Manager to negotiate and execute an agreement with 13 consultants, in an amount not to exceed $1,000,000 for three years, with two additional one-year renewal options in the amount of $300,000 each, on the same terms and conditions, for a total amount not to exceed $1,600,000 over a five-year period, with future year funding contingent on Council budget approval. These are on-call agreements and funding would be identified for associated projects. PROPERTY LEASING AND MANAGEMENT SERVICES 3.B. Approval of First Modification to Contract #10689 with Aeroplex Group Partners, LLC for Property Leasing and Management Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10689 (CCS) in the amount of $165,052 with Aeroplex Group Partners, LLC (“Aeroplex”) to provide additional commercial real estate leasing, consulting and property management services for the Santa Monica Airport, and modify certain terms of the commission structure for the contract. This will result in a two-year amended agreement in the amount of $800,007 expiring on June 30, 2020 with three one-year renewal options in the amount of $447,552 in FY 2020-2021, $453,187 in FY 2021-2022 and $458,999 in FY 2022-2023 at the sole discretion of the City, with a new total amount not to exceed $2,159,745 (including 10% contingency) with future year funding contingent on Council budget approval. STORMWATER BEST MANAGEMENT 3.D. Award of Contractual Services Agreement No. 11032 (CCS) to Apex Companies for Maintenance & Inspection of Stormwater Best DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 6 April 28, 2020 PRACTICES Management Practices, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# SP2622 to Apex Companies, LLC, a California-based company, to provide inspection and maintenance services for the City’s stormwater infrastructure; 2. Authorize the City Manager to negotiate and execute an agreement with Apex Companies, LLC, in an amount not to exceed $977,733 (including a 15% contingency) for three years, with one renewal option of up to two years; 3. Authorize the Director of Public Works to issue any necessary change orders or modifications to complete additional work within contract authority; and 4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. FLEET MANAGEMENT 3.E. Authorization of Fleet Management Sole Source Requests for Proprietary Vehicle Parts and Service, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the Procurement Manager to issue a purchase order with AMREP Manufacturing Company, LLC for equipment and parts for AMREP refuse bodies for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $304,051 with future year funding contingent on Council budget approval. 2. Authorize the City Manager to negotiate and execute Agreement No. 11033 (CCS) with Ray Gaskin Service for one year, with four additional one-year renewal options on the same terms and conditions, for a total amount not to exceed $468,394 over a five- year period, for the purchase of parts and service for Scranton Manufacturing (New Way) and Wayne Engineering (Curbtender) equipment for the Public Works Department, with future year funding contingent on Council budget approval. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b). 3. Authorize the Procurement Manager to issue a purchase order with Coastline Equipment Company for repair and maintenance parts for John Deere construction equipment for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $250,000 with future year funding contingent on Council budget approval. DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 7 April 28, 2020 LEAP GRANT 3.F. Adoption of Resolution No. 11244 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $300,000 AND AUTHORIZING THE CITY MANAGER TO TAKE IMPLEMENTING ACTIONS TO OBTAIN SUCH GRANT FUNDS”, was adopted. Recommended Action Staff recommends that the City Council: 1. Adopt the attached resolution authorizing the application and receipt of funding in the amount of $300,000 from the State of California Department of Housing and Community Development’s Local Early Action Planning (LEAP) grant program. 2. Authorize the City Manager to execute all necessary documents to apply for the grant, and if awarded, accept and administer the grant, including any renewals. 3. Authorize the budget changes as outlined in the Financial Impact and Budget Actions section of this report following award of the grant funding. HOUSING AUTHORITY 3.G. Adoption of Fiscal Year 2020-2025 Santa Monica Public Housing Authority Plan, was pulled at request of staff. Recommended Action Staff recommends that the Housing Authority Board: 1. Adopt the FY2020-2025 Santa Monica Public Housing Authority Plan (PHA Plan), which consists of a Five-Year Plan and Annual Plan; and 2. Authorize the submission of the FY2020-2025 PHA Plan to the United States Department of Housing and Urban Development (HUD). FAIR HOUSING PLAN 3.H. Approval of the Assessment of Fair Housing Plan to affirmatively further Fair Housing, was approved. Recommended Action Staff recommends that the Council approve the attached Assessment of Fair Housing Plan. HOUSING 3.I. Approval of the Fiscal Year 2018-2019 Summary Report of Multifamily Housing Production and Housing Trust Fund Financing, was approved. Recommended Action DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 8 April 28, 2020 Staff recommends that the City Council receive and approve the Fiscal Year 2018-2019 Summary Report of Multifamily Housing Production and Housing Trust Fund Financing. EMERGENCY MEDICAL SERVICES 3.K. Approval of Professional Services Agreement No. 11034 (CCS) with UCLA Santa Monica Hospital and Palm Drive Medical Group for Emergency Medical Services for Arrestees, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a five-year professional services agreement with the UCLA Santa Monica Hospital and Palm Drive Medical Group, a California-based company, to provide emergency room medical services to arrestees. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $250,000 with future year funding contingent on Council budget approval. SOFTWARE MAINTENANCE 3.L. Approval of Extension of Software Maintenance Contracts with Trapeze, Inc., was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a fifth modification to agreement #9508 (CCS) in the amount of $321,649 with Trapeze, Inc. to extend the warranty maintenance of the Enterprise Asset Module (EAM) for tracking work orders, warehouse inventory management, fueling controls, and maintenance management functions through June 30, 2022, with one additional option to renew through June 30, 2023. This would result in an amended agreement with a new total amount not to exceed $1,617,019, with future year funding contingent on Council budget approval. 2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #8928 (CCS) in the amount of $514,107 with Trapeze, Inc. to extend the warranty maintenance of the Motor Coach Operator Management System (OPS) and Planning and Scheduling (BlockBuster and FX) software for two additional years through June 30, 2022, with one additional option to renew through June 30, 2023. This would result in an amended agreement with a new total amount not to exceed $2,884,030, with future year funding contingent on Council budget approval. 3. Authorize the City Manager to negotiate and execute a 12th modification to agreement #8153 (CCS) in the amount of $433,212 with Trapeze, Inc. to extend the warranty maintenance of the TransitMaster computer-aided dispatch/automated vehicle location DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 9 April 28, 2020 (CAD/AVL) module. This 12th modification would extend warranty maintenance of the TransitMaster system through June 30, 2022, with one additional option to renew through June 30, 2023, and would result in an amended agreement with a new total amount not to exceed $6,081,448 with future year funding contingent on Council budget approval. MEDICAL SERVICES 3.M. Approve Renewal of Contract No. 11035 (CCS) with Vital Medical Services to provide in-house Medical Services to Arrestees, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a five-year professional services agreement with Vital Medical Services, LLC to provide in-house medical services to arrestees. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $2,052,000 with future year funding contingent on Council budget approval. POLICE DEPARTMENT 3.N. Approval of Modification to Purchase Order with ProForce Law Enforcement for Bulletproof Vests, was approved. Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a change order to purchase order number 22000736 in the amount of $31,458 with ProForce Law Enforcement for bulletproof vests for law enforcement for the Police Department. This would result in a revised purchase order total not to exceed $281,458, with future year funding contingent on Council budget approval. CITY MANAGER 3.O. Agreement No. 11036 (CCS) for Separation of Rick Cole from City Employment – recommendation that the City Council approve the agreement with Rick Cole for his separation from his position as City Manager, was approved. Recommended Action Staff recommends that Council: (1) approve the agreement with Rick Cole for his separation from his position as City Manager; and, (2) authorize the Mayor to sign the separation agreement on behalf of the City. CITY MANAGER 3.P. Agreement No. 11037 b(CCS) for Service as Interim City Manager -- recommendation that the City Council approve the agreement with Lane Dilg for her services as Interim City Manager, was approved. DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 10 April 28, 2020 Recommended Action Staff recommends that Council: (1) approve the agreement with Lane Dilg for her services as Interim City Manager; and, (2) authorize the Mayor to sign the agreement on behalf of the City. COUNCIL RULES 3.Q. Resolution No. 11245 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS”, was adopted. Recommended Action Staff recommends that Council adopt the attached resolution to temporarily amend City Council Rule of Order and Procedure 15 regarding public comment to expand the time period for receiving written comments and reflect new procedures that will permit oral public comment during Council meetings conducted via teleconferencing. PARKING SERVICES 3.C. Award Request for Proposal and Enter into Agreement No. 11031 (CCS) with Conduent State and Local Solutions, Inc. for Parking Permits and Citation Services, was presented. Recommended Action Staff recommends that City Council: 1. Award RFP #199 to Conduent State and Local Solutions, Inc., a New York based company, for the integrated parking permitting and citations payment solutions services for the Planning and Community Development Department; 2. Authorize the City Manager to negotiate and execute an agreement with Conduent State and Local Solutions, Inc. in an estimated amount of $7.2 million for five years, with two additional two year renewal options in the estimated amount of $6.2 million on the same terms and conditions, for a total estimated amount of $13.4 million over a nine year period, with future funding contingent on Council budget approval; 3. Authorize the Director of Planning and Community Development to issue any necessary change orders to complete additional work within contract authority. Councilmember Jara pulled this item to request more information on who is this agency, what is the purpose of using this agency, and who is doing the service now. Motion by Councilmember Jara, seconded by Councilmember Morena, to approve the recommended action. The motion was approved by the following vote: DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 11 April 28, 2020 AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None EXPLORATORY WELLS 3.J. Approval of First Modification to Agreement No. 10946 CCS with Yellow Jacket Drilling Services, LLC for the Construction of Two Exploratory Wells, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a first modification to agreement #10946 (CCS) in the amount of $211,448 with Yellow Jacket Drilling Services, LLC to increase the construction depth of two exploratory groundwater wells for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $2,911,653. 2. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. Councilmember Morena pulled this item to ask questions of staff about the CIP for this project, and what are the plans for the SWIP in 2021, and how this connects to that project. Motion by Councilmember Morena, seconded by Mayor McKeown, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None ORDINANCES: BUILDING STANDARDS 7.A. Adoption and Second Reading of Ordinance No. 2634 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE RELATING TO ELECTRIC VEHICLE PARKING REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to adopt Ordinance No. 2634 (CCS), reading by title only and DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 12 April 28, 2020 waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None BUILDING CODE 7.B. Introduction and First Reading of an Ordinance and Adoption of Resolution No. 11246 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5”, was presented. Recommended Action Staff recommends that the City Council: 1. Adopt the Resolution No. making findings of local climatic, geological and topographical conditions, as required by the California Health & Safety Code, to adopt local amendments to the California Building Standards Code. 2. Introduce for first reading the attached ordinance to amend SMMC Section 8.08.050 to adopt the 2019 California Building Standards Code standard to exempt freestanding walls seven feet or less in height from requiring a building permit, and adopt a local amendment to the 2019 California Building Standards Code to exempt concrete or masonry walls from requiring a building permit only if they are four feet in height or less. 3. Instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance. There was no public comment on this item. Motion by Councilmember Himmelrich, seconded by Councilmember Jara, to adopt Resolution No. 11246 (CCS), and introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, and, file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8 13 April 28, 2020 PUBLIC INPUT: There was no public comment on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:50 p.m. ATTEST: APPROVED: Denise Anderson-Warren Kevin McKeown City Clerk Mayor DocuSign Envelope ID: 06C7B46E-8508-44DE-B5A1-89EFA886D4D8