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SR 06-27-2023 5F City Council Report City Council Meeting: June 27, 2023 Agenda Item: 5.F 1 of 7 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Cemetery Subject: Award Contracts to Beacon Mortuary, Inc., for Mortuary Services and Decedent Transportation Services and to Farmscape, Inc., for Specialized Landscape Maintenance Services for Woodlawn Cemetery Recommended Action Staff recommends that the City Council: 1. Award RFP #352 to Farmscape, Inc., for specialized landscaping services for the Eternal Meadow area of Woodlawn Cemetery, Mausoleum & Mortuary, for the Public Works Department. 2. Authorize the City Manager to negotiate and execute an agreement with Farmscape, Inc., in an amount not to exceed $150,000 over a five-year period with future year funding contingent on Council budget approval. 3. Award RFP #353 to Beacon Mortuary for providing decedent transportation services for Woodlawn Cemetery, managed by the Public Works Department. 4. Authorize the City Manager to negotiate and execute an agreement with Beacon Mortuary for decedent transportation services in an amount not to exceed $200,000 over a five-year period with future year funding contingent on Council budget approval. 5. Award RFP #354 to Beacon Mortuary for providing mortuary services for Woodlawn Cemetery, managed by the Public Works Department. 6. Authorize the City Manager to negotiate and execute an agreement with Beacon Mortuary for mortuary services in an amount not to exceed $475,000 over a five- year period with future year funding contingent on Council budget approval. 7. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Summary The City of Santa Monica’s Woodlawn Cemetery, Mausoleum, and Mortuary (Woodlawn) provides mortuary services, decedent transportation services, and maintains the Eternal Meadow area by way of contracting with third parties. To ensure 5.F Packet Pg. 201 2 of 7 the continuity of these services, Woodlawn staff initiated a competitive RFP process to solicit bids from prospective contractors. Based on the results of this process, staff recommends awarding two agreements to Beacon Mortuary, Inc.; an agreement for mortuary services for a total amount of $475,000 over a five-year period, and a second agreement for transportation services for a total amount of $200,000 over a five-year period. Staff also recommends awarding an agreement to Farmscape, Inc., for specialized landscape maintenance services for the Eternal Meadow section of Woodlawn for a total amount of $150,000 over a five-year period. Discussion The City purchased the Woodlawn Cemetery in 1897 and the Mausoleum in 1972. Woodlawn started providing mortuary services in June 2011 to provide the community with the convenience of arranging for end-of-life services, including embalming and cremation, at one location. While cemetery operations and maintenance are conducted by City staff, mortuary services and decedent transportation services are both specialized and sporadic, making City staffing cost prohibitive. Since July 1, 2016, Woodlawn has contracted with Beacon, for mortuary services. Since July 1, 2019, the City has contracted with Beyond the Sky Transport, Inc., for decedent transportation services. The City’s contracts with Beacon Mortuary, Inc. and Beyond the Sky Transport, Inc. both expire on June 30, 2023. In order to properly serve the community’s need for mortuary and cemetery services, Woodlawn must have the ability to respond around-the-clock to any location when a death occurs, to transport decedents from their place of death to Woodlawn, to prepare decedents for burial, and to provide other mortuary related services. These services have been contracted out since the City began providing mortuary services in 2011. At that time staff determined that these services required third party contractors due to specialty licensing requirements for embalmers and the difficulty associated with providing variable transportation demand services. Eternal Meadow was established in 2016 and is Woodlawn’s green/natural burial section. This portion of the cemetery allows decedents to be buried in a more 5.F Packet Pg. 202 3 of 7 sustainable way, minimizing environmental damage while fostering a greater relationship with nature. Only wood caskets with no metals or lacquers and biodegradable urns are used in interments. Concrete vaults and toxic embalming chemicals are not used. Eternal Meadow is comprised of native California plants that create a unique habitat for the region’s native birds and pollinator insects and, as a result, requires specialized landscape maintenance. Based on the results of a competitive RFP process, staff recommends awarding two agreements to Beacon Mortuary, Inc.; • An agreement for mortuary services for a total amount not to exceed $475,000 over a five-year period and; • A second agreement for decedent transportation services for a total amount not to exceed $200,000 over a five-year period. The cost for these services would be recouped as a direct pass-through to customers. Staff also recommends awarding an agreement to Farmscape, Inc., for specialized landscape maintenance services for the Eternal Meadow section of Woodlawn for a total amount not to exceed $150,000 over a five-year period. Vendor Selection RFP #352 for specialized landscaping services for Woodlawn’s Eternal Meadow. Bidder Recommendation Best Qualified Person/Firm Farmscape, Inc. Evaluation Criteria Experience, workplans/timelines, references, cost, presentation/demonstration, value add/breadth of service, and quality of work/technical capabilities. Municipal Code SMMC 2.24.190 Proposals Received Farmscape, Inc. JAS Landscape, LLC SGD Enterprises RFP Data Posted On Posted On Advertised In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 04/05/2023 City's Online Bidding Site Santa Monica Daily Press 14 05/03/2023 5.F Packet Pg. 203 4 of 7 Justification to Award Staff recommends Farmscape, Inc., as the best qualified firm to provide maintenance for the Eternal Meadow based on the firm’s area of expertise in California native plant landscaping and on the criteria in SMMC 2.24.190. RFP #353 for decedent transportation services for Woodlawn. Bidder Recommendation Best Qualified Person/Firm Beacon Mortuary, Inc. Evaluation Criteria Experience, removal staff, workplans/timelines, references, cost, presentation/demonstration, and value add/breadth of service. Municipal Code SMMC 2.24.190 Proposals Received Beacon Mortuary, Inc. Beyond the Sky Transport RFP Data Posted On Posted On Advertised In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 04/05/2023 City's Online Bidding Site Santa Monica Daily Press 4 05/03/2023 Justification to Award Staff recommends Beacon Mortuary, Inc. as the best qualified firm to provide decedent transportation services based on the firm’s expertise in decedent transportation requirements, best practices, references, and the criteria in SMMC 2.24.190. RFP #354 for mortuary services for Woodlawn. Best and Only Qualified Person/Firm Beacon Mortuary, Inc. Proposals Received Selection Criteria Beacon Mortuary, Inc. Municipal Code SMMC 2.24.190 Evaluation Criteria Experience, workplans/timelines, references, cost, presentation/demonstration, value add/breadth of service, and quality of work/technical capabilities. RFP Data Date Posted Posted On Advertised In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 5.F Packet Pg. 204 5 of 7 04/05/2023 City's Online Bidding Site Santa Monica Daily Press 4 05/03/2023 Additional Vendor Outreach & Justification to Award Procurement conducted additional outreach to vendors who downloaded the RFP to see why they did not submit a proposal; staff received one response stating that the vendor did not provide the products or services sought. There are very few firms that provide mortuary services in the area. Staff then interviewed the sole firm, Beacon Mortuary, Inc. Staff recommends Beacon Mortuary, Inc., as the best and only qualified firm to provide mortuary services based on the firm’s area of expertise in decedent preparation, cremation, funeral services, and the criteria in SMMC 2.24.190. Environmental Review The award contracts are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award contracts for landscaping services and mortuary services would not result in any modifications to Woodlawn Cemetery. The existing cemetery would continue operations and would be maintained and the contracts would not expand or materially change existing facilities or operations. Therefore, the contracts are categorically exempt as set forth in Section 15301 of the CEQA State Guidelines. Past Council Actions Meeting Date Description 5/22/2018 (Attachment A) Beacon Mortuary Staff Report 5.22.2018 5/11/2018 (Attachment B) Beacon Mortuary Staff Report 5.11.2021 5/11/2018 (Attachment C) Beacon Council Minutes 5.11.2021 1/28/2020 (Attachment D) CTS Staff Report 1.28.2020 1/28/2020 (Attachment E) CTS Council Minutes 1.28.2020 Financial Impacts and Budget Actions 5.F Packet Pg. 205 6 of 7 Staff seeks authority to approve funding from the Cemetery Fund to award a contract with Farmscape, Inc., for specialized landscaping services for Woodlawn’s Eternal Meadow. Funds are included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval. Contract Request - Farmscape, Inc. Specialized Landscape Maintenance of Eternal Meadow FY 2023-24 Budget Request Amount Future Year Request Amount Department/CIP Account # Total Contract Amount $30,000 $120,000 59500001.550010 $150,000 Staff seeks authority to approve funding from the Cemetery Fund to award a contract with Beacon Mortuary, Inc., for mortuary services for Woodlawn. Funds are included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval. Contract Request – Beacon Mortuary, Inc. Mortuary Services FY 2023-24 Budget Request Amount Future Year Request Amount Department/CIP Account # Total Contract Amount $95,000 $380,000 59500001.550120 $475,000 Staff seeks authority to approve funding from the Cemetery Fund to award a contract with Beacon Mortuary, Inc., for decedent transportation services for Woodlawn. Funds are included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval. Contract Request – Beacon Mortuary, Inc. Decedent Transportation Services FY 2023-24 Budget Request Amount Future Year Request Amount Department/CIP Account # Total Contract Amount $40,000 $160,000 59500001.550130 $200,000 5.F Packet Pg. 206 7 of 7 Prepared By: Adam Lopez, Cemetery Administrator Approved Forwarded to Council Attachments: A. Beacon Staff Report 5.22.2018 B. Beacon Staff Report 5.11.2021 C. Beacon Council Minutes 5.11.2021 D. CTS Staff Report 1.28.2020 E. CTS Council Minutes 1.28.2020 F. Beacon Oaks Initiative G. Farmscape Oaks Initiative 5.F Packet Pg. 207 City Council Report City Council Meeting: May 22, 2018 Agenda Item: 3.B 1 of 3 To: Mayor and City Council From: Susan Cline, Director, Public Works Subject: Award Contract to Beacon Mortuary, Inc. for Mortuary and Transportation Services Recommended Action Staff recommends that the City Council: 1. Award RFP #155 for Mortuary and Transportation Services to Beacon Mortuary, Inc., a California-based company, for mortuary, decedent preparation, and decedent transportation services; 2. Authorize the City Manager to negotiate and execute an agreement with Beacon Mortuary, Inc., in an amount not to exceed $85,000 for one year, with four additional one-year renewal options in the amount of $85,000 on the same terms and conditions, for a total not to exceed $425,000 over a five-year period, with future year funding contingent on Council budget approval. Executive Summary The City-owned Woodlawn Cemetery, Mausoleum and Mortuary provides mortuary services via contract, including transporting decedents from their place of death to Woodlawn Cemetery for embalming, cremation, and other related services. Staff recommends an agreement to be awarded to Beacon Mortuary, Inc. for a total not to exceed $425,000 over a five-year period for mortuary services, decedent preparation, and decedent transportation services. Discussion The City purchased the Woodlawn Cemetery in 1897 and the Mausoleum in 1972. Woodlawn Cemetery, Mausoleum and Mortuary started providing mortuary services in June 2011 to provide the community with the convenience of arranging for end-of-life services, including embalming and cremation, at one location. While cemetery operations and maintenance are conducted by City staff, mortuary services are both specialized and sporadic, making City staffing cost prohibitive. Since July 1, 2016, 5.F.a Packet Pg. 208 Attachment: Beacon Staff Report 5.22.2018 (5629 : Cemetery Operations Contracts) 2 of 3 Woodlawn Cemetery, Mausoleum and Mortuary, has contracted with Beacon Mortuary, Inc. for these services. The City’s contract with Beacon Mortuary expires on June 30, 2018. The contract amount is below Council threshold and did not require Council approval. Woodlawn Cemetery, Mausoleum and Mortuary must have the ability to respond around-the-clock to any location when a death occurs, to transport decedents from their place of death to Woodlawn Cemetery, prepare decedents for burial or death, and provide other mortuary related services. This service has always been contracted out since the City began providing mortuary services in 2011 due to specialty licensing requirements for embalmers and due to variable transportation demand services. Vendor/Consultant Selection On January 4, 2018, the City issued a Request for Proposals (RFP) for mortuary services, decedent preparation, and decedent transportation services. The RFP was posted on the City’s on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. Ten vendors downloaded the RFP. One firm responded. Upon receiving only a single bid, staff verified the RFP was distributed to qualified firms. Based on the proposal’s distribution and based on the pricing received, staff was satisfied that reissuing the RFP would not attract additional responses and better pricing. Pricing is consistent with previous year pricing. The response to the RFP was reviewed by a selection panel of staff from the Public Works Department. Evaluation was based on the following criteria: previous experience, qualifications, capacity and skill, ability to deliver, and compliance with City specifications and scope of work. Based on these criteria and criteria in SMMC 2.24.073, staff recommends Beacon Mortuary, Inc. as the best qualified firm to provide mortuary services, decedent preparation, and decedent transportation services based on Beacon’s area of expertise and qualifications. The services that Beacon Mortuary, Inc. would provide would be paid for by the City but are immediately recovered from the client families during the funeral arrangement 5.F.a Packet Pg. 209 Attachment: Beacon Staff Report 5.22.2018 (5629 : Cemetery Operations Contracts) 3 of 3 conference as part of the cemetery’s revenues. The charges are based upon a “per decedent” charge from the vendor. Financial Impacts and Budget Actions The contract to be awarded to Beacon Mortuary, Inc. is for an amount not to exceed $425,000. Funds of $85,000 are available in the FY 2018-19 proposed budget in the Public Works Department. The contract will be charged to account 37641.556100 and 37641.556110. Future funding is contingent on Council budget approval. Prepared By: Sybille Moen, Principal Administrative Analyst Approved Forwarded to Council Attachments: A. Oaks Initiative Disclosure Form 5.F.a Packet Pg. 210 Attachment: Beacon Staff Report 5.22.2018 (5629 : Cemetery Operations Contracts) City Council Report City Council Meeting: May 11, 2021 Agenda Item: 3.C 1 of 3 To: Mayor and City Council From: Rick Valte, Acting Public Works Director, Public Works, Cemetery Subject: Award Sole Source Contract to Beacon Mortuary for Embalming, Cremation, Decedent Care, and Transportation Services Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Beacon Mortuary for embalming, cremation, decedent care, transportation of decedents, and funeral service assistance for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(d) and is for a total amount not to exceed $350,000 with future year funding contingent on Council budget approval. Summary In January 2021 Woodlawn Cemetery, Mausoleum & Mortuary solicited bids for mortuary services including embalming, cremation transportation, decedent care, and funeral service assistance. No bids were received. Staff recommends awarding an exception to competitive bidding contract to the City’s current provider of these services, Beacon Mortuary, in the amount of $70,000 per year for five years, for a total amount not to exceed $350,000. Discussion Since June 2011, the Cemetery has operated a full-service mortuary that provides the community with the convenience of arranging for end of life services, including embalming and cremation at one location on the Woodlawn premises. These services have been provided under contract since the opening of the Mortuary in 2011. On January 4, 2021 staff published a formal request for proposals (RFP) on ProcureNow, (RFP 284). No proposals were received. Due to the COVID-19 pandemic and ensuing extreme increase in the death rate in Southern California, local mortuaries 5.F.b Packet Pg. 211 Attachment: Beacon Staff Report 5.11.2021 (5629 : Cemetery Operations Contracts) 2 of 3 were overwhelmed with cases. Staff believes this is the reason no proposals were submitted. Staff is requesting this contract be awarded as an exception to the City’s competitive bidding requirement. The current provider, Beacon Mortuary, has agreed to enter into a contract with the same terms and conditions as the City’s current contract that was originally executed in 2016 and will soon expire. The working relationship between staff and Beacon Mortuary has been positive and productive in providing seamless end of life services to the community. Exception to Competitive Bidding Staff recommends Beacon Mortuary to provide mortuary services including embalming, cremation transportation, decedent care, and funeral service assistance as an exception to competitive bidding per Muni Code 2.24.250 (d). Beacon Mortuary has been providing exemplary services to Woodlawn since 2016. Based on Beacon’s ability, capacity and skill to provide mortuary services promptly, within the time specified, and without delay or interference; the character, integrity, reputation, judgment, training, experience and efficiency of Beacon staff; the skill of their licensed embalmers, as well as their fair pricing. d. items to be purchased are for resale to the public, such as, cemetery services or products; Past Council Actions Meeting Date Description 05/22/18 (Attachment A) Council awarded contract to Beacon Mortuary for mortuary services. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the Cemetery Fund to award an agreement with Beacon Mortuary for mortuary services. Future year funding is contingent on Council budget approval. Contract/Agreement/Purchase Order Request FY 2021-22 Budget Request Amount Department/CIP Account # Total Contract Amount $70,000 59500001.550120 $350,000 5.F.b Packet Pg. 212 Attachment: Beacon Staff Report 5.11.2021 (5629 : Cemetery Operations Contracts) 3 of 3 Prepared By: Cindy Tomlinson, Cemetery Administrator Approved Forwarded to Council Attachments: A. May 22, 2018 Beacon Mortuary Inc City Council Report B. Oaks Initiative - 2021 Beacon 5.F.b Packet Pg. 213 Attachment: Beacon Staff Report 5.11.2021 (5629 : Cemetery Operations Contracts) 1 May 11, 2021 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 11, 2021 A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:30 p.m., on Tuesday, May 11, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/eawbaucd Roll Call: Present: Mayor Sue Himmelrich Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Oscar de la Torre Councilmember Kevin McKeown Councilmember Christine Parra Also Present: Interim City Manager Lane Dilg Interim City Attorney George Cardona City Clerk Denise Anderson-Warren ANNOUNCEMENT Mayor Himmelrich announced that Items 1.D., 1.E., 1.F. and 3.C. were removed from the agenda by staff, prior to the 72-hour posting of the agenda. CLOSED SESSIONS There was no public comment on closed sessions. Councilmember de la Torre announced that he will be recusing himself from Item 1.G. for the reasons he previously stated at the April 13th and April 27th Council meetings. On order of the Mayor, the City Council recessed at 5:34 p.m., to consider closed sessions and returned at 7:07 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 Government Code Section 54956.9(d)(1): Santa Monica Coalition for a Livable City v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCP03106. The Interim City Attorney advised that this litigation relates to the SMCLC’s claims that the City’s decision in July 2020 to proceed with DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 214 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 2 May 11, 2021 negotiations with the developers of a proposed project on parcels located at 4th and 5th and Arizona in Santa Monica violated the Surplus Lands Act. The City does not admit the allegations in SMCLC’s lawsuit and does not agree with the merits of SMCLC’s claims, which were rendered moot by the Council’s December 15, 2021 decision to terminate negotiations with the developers. SMCLC has dismissed its complaint but has filed a motion seeking attorneys’ fees. The City does not admit to the allegations nor agree with the merits of SMCLC’s motion for attorneys’ fees, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $115,000. Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to approve Settlement Agreement No. 11152 (CCS), in the amount of $115,000. The motion was approved by the following vote: AYES: Councilmembers Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember de la Torre ABSENT: None 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jones-Thomas v. City of Santa Monica, Los Angeles Superior Court, Case No. BC691476. 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 Government Code Section 54956.9(d)(1): Richard v. City of Santa Monica, Los Angeles Superior Court, Case No. 19STCV22178. The Interim City Attorney advised that the plaintiff, now deceased, alleged that he suffered severe spinal injuries and partial paralysis when he fell from his seat on a Big Blue Bus on October 17, 2018, and that the fall was the result of the bus making a right turn at too high a speed. The City does not admit the allegations, but to avoid the expense and burden of further litigation, the City Attorney’s Offices recommended settlement in the amount of $125,000. Motion by Mayor Himmelrich, seconded by Councilmember Brock, to approve Settlement Agreement No. 11153 (CCS), in the amount of $125,000. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 215 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 3 May 11, 2021 Councilmember de la Torre was excused at 6:25 p.m. Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None 1.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1495-M; Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1507-M. This item was removed at the request of staff. 1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1); Unfair Practice Charge, Santa Monica Firefighters Local 1109 IAFF v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1514-M. This item was removed at the request of staff. 1.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1); Unfair Practice Charge, Municipal Employees Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1510-M. This item was removed at the request of staff. 1.G. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John Doe #1, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV36226; John Doe #1 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV39505; John UA Doe, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV43543; John AI Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV44059; John Doe #7, et al. v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV46215; John PS Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 20STCV48207; John FM Doe, et al. v. Roe #1, Roe #2, et al., Los Angeles Superior Court, Case No. 20STCV49643; John UN Doe v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 216 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 4 May 11, 2021 Court, Case No. 21STCV00968; John OQ Doe, et al. v. Santa Monica PAL, City of Santa Monica, et al., Los Angeles Superior Court, Case No. 21STCV04365; John Doe #17 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV07070; John Doe #18 v. City of Santa Monica, Santa Monica PAL, et al., Los Angeles Superior Court, Case No. 21STCV08464. The Interim City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: Councilmember de la Torre returned at 7:03 p.m. 2.A. Proclamation: Asian American and Pacific Islander Heritage Month, was presented by the Mayor. 2.B. Proclamation designating May 16 – 23, 2021 as National Public Works Week, was presented by the Mayor. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There was no public comment on the various Consent Calendar items. At the request of Councilmember de la Torre, Item 3.F. was removed from the Consent Calendar. Motion by Councilmember McKeown, seconded by Councilmember Brock, to approve the Consent Calendar except for Items 3.C. and 3.F., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None OLYMPIC WELL FIELD 3.A. Award Request for Proposal #286 and Enter into Agreement No. 11154 (CCS) with ICF International for Olympic Well Field Groundwater Monitoring Professional Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 286 to ICF International to perform regulatory mandated groundwater monitoring and studies related to groundwater management in the Olympic Well Field and for adaptive management of the City’s groundwater resources to help achieve the City’s water self-sufficiency goals for the Public Works Department; and DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 217 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 5 May 11, 2021 2. Authorize the City Manager to negotiate and execute an agreement with ICF International in an amount not to exceed $1,675,130 for three years, with two additional one-year renewal options in a total amount not to exceed $1,329,952 for the two years, on the same terms and conditions, for a total amount not to exceed $3,005,082 over a five-year period. CLEAN ENERGY 3.B. Award Bid #4404 and Enter into Agreement No. 11155 (CCS) with Clean Energy Fuels Corporation for Purchase of Renewable Liquid Natural Gas, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4404 to Clean Energy Corporation to provide Renewable Natural Gas fuel for the Santa Monica Department of Transportation. 2. Authorize the City Manager to negotiate and execute an agreement with Clean Energy Fuels Corporation, in an amount not to exceed $5,871,932 over a five-year period, which includes a 15% contingency and a 2.5% annual cost escalator, with future year funding contingent on Council budget approval. MORTUARY SERVICES 3.C. Award Sole Source Contract to Beacon Mortuary for Embalming, Cremation, Decedent Care, and Transportation Services, was removed at the request of staff. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Beacon Mortuary for embalming, cremation, decedent care, transportation of decedents, and funeral service assistance for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(d) and is for a total amount not to exceed $350,000 with future year funding contingent on Council budget approval. 1121 22ND STREET 3.D. Adoption of Resolution No. 11329 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP FOR PARCEL NO. 73727 TO SUBDIVIDE A PROPERTY AT 1121 22nd STREET”, was adopted. Recommended Action Staff recommends that the City Council adopt the attached resolution accepting and approving Final Parcel Map No. 73727 for a three-unit condominium project at 1121 22nd Street. DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 218 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 6 May 11, 2021 CYBERSECURITY 3.E. Award Professional Services Agreement No. 11156 (CCS) to RSI Systems Inc. for Cyber-Security Resource, was approved. Recommended Action Staff recommends that the City Council: 1. Award Cybersecurity Resource RFP to RSI Systems Inc., to assist with the continued development of a robust cybersecurity program to properly safeguard City assets. 2. Authorize the City Manager to negotiate and execute an agreement with RSI Systems, in an amount not to exceed $525,000 over a three-year period, with future year funding contingent on Council budget approval and additional grant funding. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. MINUTES 3.G. Minutes for the City Council - Regular and Special Meeting - Apr 27, 2021 5:30 PM, were approved. HOMELAND SECURITY 3.F. Authorization to accept the 2020 Urban Area Security Initiative (UASI) Grant Funds for Homeland Security Projects and enter into a Subrecipient agreement with the City of Los Angeles, was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $2,164,108.00 from the 2020 Urban Area Security Initiative (UASI) for homeland security projects in the Police, Fire, and Information Services Departments, and to accept all grant renewals. 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. This item was pulled by Councilmember de la Torre to ask questions of staff. Questions asked and answered of staff included: who owns the data that is pulled and how is it used; how long is the data retained, and is that period of time justifiable to complete investigations; and, what is this product and how is it used. Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the recommended action. DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 219 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 7 May 11, 2021 The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ORDINANCES: REMOTE CONTROL DELIVERY DEVICES 7.A. Second Reading And Adoption Of Ordinance No. 2672 (CCS) Of entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.1055 TO ALLOW THE CITYWIDE OPERATION OF REMOTE-CONTROLLED DELIVERY DEVICES BY OPERATORS PARTICIPATING IN THE ZERO EMISSIONS DELIVERY ZONE PILOT PROGRAM”, was presented. Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Mayor Himmelrich, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None STAFF ADMINISTRATIVE ITEMS: AFTER ACTION REPORT 8.A. OIR Group Independent After-Action Report and Evaluation Regarding Events Leading To, During, and Following May 31, 2020, was presented. Recommended Actions Staff recommends that the City Council: (1) Receive OIR Group’s Independent After-Action Report and Evaluation Regarding the Events Leading To, During, and Following May 31, 2020 (the “Report”); (2) Direct the Santa Monica Police Department (“SMPD”) to prepare a response to the Report indicating the degree to which SMPD accepts each of the recommendations made and setting out a plan for implementation; and (3) Direct staff to develop a plan, including oversight by the Public Safety Reform and Oversight Commission, for independent evaluation and public reporting on the status of SMPD’s implementation of the recommendations. Members of the public Jan Ludwinski, Denise Barton, John Medlin, Joann DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 220 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 8 May 11, 2021 Berlin, Clay Claiborne, and, Isabel Story spoke to the recommended action. Questions asked and answered of staff included: is it unusual to find out that so many body worn cameras were not activated; was there any pattern to the cameras that weren’t turned on, were they more at the protest or the looters; is there any sense in Santa Monica that body worn cameras are only worn 50% of the time, or was something unusual on that particular day; why weren’t there 100 additional officers instead of the 20, and how did that decision get made; were there any conversations about the fact that there wasn’t a second drone available, when the first drone was not working to report live feed to dispatch; nobody reviewed the body cams until a month ago; was there accountability by SMPD for the officers who never turned on their body cams or used excessive force that day over the past 11 months; was SMPD going to deliver an after-action report without viewing the body cam video back in July or August; provide any insight as to the reasoning the Police did not address the significant looting and rioting happening in the city; the Police Captains who remain, were they retrained, do they understand their responsibility to respond differently if there was a next time; what can our Police department and our city do in those 44 recommendations to build the trust in the community; blame for the lack of an initial after-action report lies solely with whom; who knew what and when, because there was allegations that the Council was directing PD; was there anything beyond the Chief of Police emailing the Council to say that she was handling everything; is there any explanation to help understand the challenges for resources and training, or was it just poor planning; what was the exact number of officers we provided for mutual aid for surrounding municipalities; based on experiences with other departments, are there mutual aid opportunities inside of dispatch; is our EOC sufficient for a city of our size; was there any evidence that the City Manager was involved in making budget decisions to only authorize 20 additional officers; the two Captains that were sent to meet with protestors, how was that decision made, and what was the reasoning behind that decision; what was the report back from the Police Officers who were sent to Beverly Hills on Saturday, and was there any report back and communications on what they experienced; is there any understanding on why there was such an exodus of high Police Officials in the first few months of hiring the Police Chief; what type of accountability is recommended for those officers who did not turn on their body cameras; why are there no names listed in the report; with respect to the many issues identified, can this be considered rookie mistakes, was there a lack of preparedness on the executive level of the Police in knowing how to deal with any incidence like this; what do we need to look for in a new Police Chief; was this also a result of lacking a succession plan; do you think the looting was preventable; should the Council be integrated into the planning to help with communication for whenever this type of event were to ever occur again; what can we do for the mental health and overall health to help DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 221 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 9 May 11, 2021 our Police Officers to improve the morale; is there some sort of program that is designed for Police Officers to help with mental health issues; and, has the RFP for the Inspector General been issued. Considerable discussion ensued on topics including, but not limited to: coordinating this unprecedented event was difficult doing things virtually; priorities should be broken down into three categories; more transparency is needed with the community when major events are happening in the city; for emergency planning, everything should be geared up, and it’s easier to reduce what’s not needed; mental health help is primary for law enforcement and surrounding staff; Priorities should include Leadership, Planning and Use of Force; have PD report back within 90 days, how they plan to implement the 44 recommendations; concerns that it’s too much to ask the Public Safety Reform Oversight Commission to return in 90 days, given that they aren’t having their first meeting until June, as well as they have already been tasked to complete a list of other items to review. Motion by Councilmember McKeown, seconded by Councilmember Brock, to pass along all 44 of the recommendations, with the priorities being Leadership, Planning and Use of Force; that they be passed along to the Police Department, asking them to come back to the Council in 90 days, reporting how they plan to implement the 44 recommendations; pass them on to the Commission, asking them to look at the 44 and help Council decide what more might need to be done, to report back to Council in 90 days with their recommendations. Mayor Himmelrich proposed a friendly amendment to add to the priorities Mental Health for the Police Officers. The motion was considered friendly to the maker and the seconder. Interim City Attorney Cardona restated the motion, with the amendment: 1) Receive OIR Group’s Independent After-Action Report and Evaluation Regarding the Events Leading To, During, and Following May 31, 2020 (the “Report”); 2) to direct the Santa Monica Police Department (“SMPD”) within 90 days to prepare a response to the Report, setting out a plan for implementation of the Report’s recommendations, with priorities being leadership, planning, use of force, and mental wellbeing of police officers; and 3) Direct the Public Safety Reform and Oversight Commission (PSROC) within 90 days to review the report consolidating consideration of other policing issues and setting out additional recommendations for consideration by Council. 4) to direct staff to develop a plan, based on the reports from SMPD and PSROC, including oversight by the Public Safety Reform and Oversight Commission, for prioritization independent evaluation and public reporting DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 222 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 10 May 11, 2021 on the status of SMPD’s implementation of the recommendations. The maker and seconder accepted the motion read by the Interim City Attorney. There were concerns from some Councilmembers about the 90-day timeline being too short, and to maybe consider 120 days instead. Councilmember McKeown proposed amending the motion to have the Police Department come back in 60 days with an Information item and have the PSFOC report back with a workplan based on the recommendations, within no more than 90 days. The motion was considered friendly by the seconder. The Interim City Attorney read the final motion, with amendments as follows: (1) Receive OIR Group’s Independent After-Action Report and Evaluation Regarding the Events Leading To, During, and Following May 31, 2020 (the “Report”); (2) Direct the Santa Monica Police Department (“SMPD”) within 60 days to prepare a response to the Report, in the form of an information item, setting out a plan for implementation of the Report’s recommendations, with priorities being leadership, planning, use of force, and mental wellbeing of police officers; and (3) Direct the Public Safety Reform and Oversight Commission within 60 days after the issuance of the information item to review the information item and prepare a work plan for consolidating their consideration of other policing issues and setting out additional recommendations for consideration by Council; and, (4) Direct staff, working with the Public Safety Reform and Oversight Commission, to develop a plan, including oversight by the Public Safety Reform and Oversight Commission, for prioritization, independent evaluation, and public reporting on the status of SMPD’s implementation of the recommendations. The motion with the amendments were approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Mayor Himmelrich, to Direct staff to ensure that body-cam use is enforced; and, direct staff to organize outdoor city-wide event for national night out for community to celebrate coming back together and recognize good work done by police. DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 223 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 11 May 11, 2021 The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None AGENDA MANAGEMENT Motion by Mayor Himmelrich, seconded by Councilmember McKeown, to hear items 13.A – 13.D. together, as they are all accepting resignations from boards and commissions. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: ARTS 13.A. Recommendation to accept Angela Scott's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy, was presented. There was no public comment on this item. Motion by Mayor Himmelrich, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DISABILITIES COMMISSION 13.B. Recommendation to accept Marielle Kriesel's resignation from the Disabilities Commission and authorize the City Clerk’s office to publish the vacancy, was presented. There was no public comment on this item. Motion by Mayor Himmelrich, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None SOCIAL SERVICES 13.C. Recommendation to accept Derek Devermont's resignation DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 224 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 12 May 11, 2021 COMMISSION from the Social Services Commission and authorize the City Clerk to publish the vacancy, was presented. There was no public comment on this item. Mayor Himmelrich, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None COMMISSION ON THE STATUS OF WOMEN 13.D. Recommendation to accept Kelsey O'Hara's resignation from the Commission on the Status of Women and authorize the City Clerk to publish the vacancy, was presented. There was no public comment on this item. Mayor Himmelrich, seconded by Councilmember McKeown, to accept the resignation with regret. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None BOARDS AND COMMISSIONS 13.E. Request of Mayor Himmelrich and Councilmember Brock that the City Council form an ad hoc committee of 3 council members to study and make recommendations to the City Council concerning the boards and commissions structure, including but not limited to: commission consolidation and reclassification, methods of appointment, council liaisons, and staffing of commissions, was presented. Member of the public Denise Barton and Dolores Sloan spoke on the recommended action. Motion by Mayor Himmelrich, seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Parra, Davis, McKeown, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 225 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 13 May 11, 2021 The Mayor opened the floor for nominations. Councilmembers Brock, Davis and Mayor Pro Tem McCowan were nominated. Motion by Mayor Himmelrich, seconded by Councilmember Davis, to appoint Councilmembers Brock, Davis, and Mayor Pro Tem McCowan to serve as the members of the ad hoc. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, McKeown, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None CITY HALL MURAL 13.F. Request of Councilmembers de la Torre, Parra and Brock that, as part of the City’s efforts to eliminate and mitigate the vestiges of white supremacy and racial injustice in the City of Santa Monica, the City Council direct staff to address community concerns related to the display of the 1930s Stanton McDonald Wright mural at the entrance to Santa Monica City Hall. Specifically, the request is that Council direct staff as follows: In the short term, the City will install a temporary artistic scrim (light woven or screen material) cover over the mural to begin recontextualizing the mural prior to July 13th, when the public is expected to return for Council meetings in City Hall. In the long-term, the City will, taking into account prior plans set forth by the Arts Commission and Cultural Affairs, initiate a community engagement and education process around the representations depicted in the mural. This process will include engaging an artist to recontextualize the mural with artwork that does not whitewash our past but rather celebrates the diverse history of Santa Monica’s people, culture and its renewed commitment to acknowledging the movement for equity, justice and respect for all, was presented. Members of the public Denise Barton and Jeremy Gonzales spoke on the recommended action. Questions asked and answered included: this isn’t about removing the mural; thoughts about contextualizing the mural, instead of covering it up; how much is it going to cost to cover up a portion of the mural; and is this about covering up the mural on the north wall or both murals. Motion by Councilmember de la Torre, seconded by Councilmember DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 226 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) 14 May 11, 2021 Brock, to approve the recommendation. Mayor Himmelrich proposed a friendly amendment to put mesh up until the context is created. The motion was not considered friendly by the maker. Councilmember Brock proposed a substitute motion to find out what the cost to put up the mesh, but don’t put anything on top of the mural, and then start the robust discussion about can it be moved, should it stay, should there be an explanation, and/or what goes on with it. The motion failed for a lack of a second. Councilmember Brock proposed that the same scrim be placed on the south wall mural as well. The motion was considered friendly by the maker. The original motion, with the amendment was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: Councilmember McKeown ABSENT: None Councilmember McKeown stated for the record his no vote was because he believes covering up the mural is the wrong way to start a discussion of how we should look at works of art in Landmarked buildings in 2021. What we’re doing here is going down a path of obscuring and forgetting our past, instead of changing the narrative and recontextualizing what’s on those walls. PUBLIC INPUT: There was no public commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:05a.m. ATTEST: APPROVED: Denise Anderson-Warren Sue Himmelrich City Clerk Mayor DocuSign Envelope ID: 55743FCA-B249-400A-8BD9-67BE94AC4B0E 5.F.c Packet Pg. 227 Attachment: Beacon Council Minutes 5.11.2021 (5629 : Cemetery Operations Contracts) City Council Report City Council Meeting: January 28, 2020 Agenda Item: 3.B 1 of 4 To: Mayor and City Council From: Susan Cline, Director, Public Works, Cemetery Subject: Award Request for Proposal and enter into Agreement with Carriage Transit Solutions, Inc. for Woodlawn Mortuary Transportation Services Recommended Action Staff recommends that the City Council: 1. Award RFP #226 to Carriage Transit Solutions, Inc., a California-based company, for Decedent Transportation Services for the Public Works Department; 2. Authorize the City Manager to negotiate and execute an agreement with Carria ge Transit Solutions, Inc., in the amount not to exceed $25,000 for one year, with four additional one-year renewal options in the amount of $25,000, on the same terms and conditions, for a total amount not to exceed $125,000 over a five-year period, with future funding contingent on Council budget approval. Summary The City-owned Woodlawn Cemetery, Mausoleum and Mortuary provides decedent transportation services for mortuary cases through the use of a mortuary transportation contractor. These services are vital to the operation of the mortuary. Staff recommends awarding an agreement with Carriage Transit Solutions, Inc. for a total not to exceed $125,000 over a five-year period for decedent transportation services. Discussion Woodlawn began providing mortuary services in June 2011. The mortuary provides the community with the convenience of arranging for end -of-life services in one location. Decedent transportation has been contracted out since Woodlawn began offering mortuary services in 2011. Contracting mortuary transportation services benefits the public due to the cost, risk and expertise required for the services. The City awarded a contract to Beacon Mortuary, Inc. in 2018 for combined mortuary and transportation services. Subsequently, Beacon Mortuary’s ownership structure changed and it no 5.F.d Packet Pg. 228 Attachment: CTS Staff Report 1.28.2020 (5629 : Cemetery Operations Contracts) 2 of 4 longer had staff that could facilitate decedent transportation services within the necessary time frame outlined in the contract. Beacon Mortuary is still fully capable of offering mortuary services, which include decedent preparation and cremation, because those services are scheduled in advance and are not restricted by a two -hour response time. However, Beacon Mortuary is no longer capable of providing decedent transportation services that the City relies upon for its operations at Woodlawn. The ability to provide timely, around-the-clock transport of decedents from any location to the City’s mortuary is vital to Woodlawn’s operation and to the families it serves. Staff issued an RFP for decedent transportation services and received only one response, from Carriage Transit Solutions, Inc. Staff recommends awarding an agreement with Carriage Transit Solutions, Inc., for these services. If approved, the services provided by Carriage Transit Solutions, Inc. would be paid for by the City, but then immediately recovered from the client families during funeral arrangement conferences as part of the cemetery’s revenues. The charges are based upon a “per decedent” charge from the vendor. Past Council Actions 05/22/2018 (Attachment A) Approved contract with Beacon Mortuary, Inc. for Mortuary and Transportation Services Vendor Selection Bidder Recommendation Best Qualified Firm Best Qualified Firm Evaluation Criteria A maximum of 100 points may be awarded based upon the quality and thoroughness of the proposer’s response to each evaluation factor as follows. Experience and Technical Competence: Up to 30 points. Based on relevant experience of key personnel based on resumes and documented experience, training, and proven expertise in the area of mortuary operations. Cost of Services, Cost Control: Up to 20 points. Based on contractor’s overall cost proposal for mortuary and transportation services. Ability to Meet Project Work Plan and Timeliness: Up to 20 points. Based on the contractor’s ability to perform the work within the desired time frame and past experience in assembling 5.F.d Packet Pg. 229 Attachment: CTS Staff Report 1.28.2020 (5629 : Cemetery Operations Contracts) 3 of 4 a highly qualified staff. Efficiency and timeliness in completion of projects; specifically note response time for decedent transport. Stability/References: Up to 20 points. Based on evaluation of proposer’s work for similar mortuary and decedent transport services. Proximity of Facility: Up to 10 Points. Based on the proximity of Contractor’s facility to Woodlawn Cemetery, Mausoleum & Mortuary. Contractor’s ability to respond to requests for service timely and within limits set herein. Municipal Code SMMC 2.24.190 RFPs Received Carriage Transit Solutions, Inc. RFP Data Posted On Posted On Advertised In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 04/24/2019 City's Online Bidding Site Santa Monica Daily Press 8 07/10/2019 Justification to Award Staff received only one proposal from Carriage Transit Solutions, Inc., for decedent transportation services. Upon receiving the single bid, staff verified that the RFP was distributed to qualified firms. Several firms were contacted to find out why they did not submit proposals. One firm forgot about the application deadline even though a reminder was sent, and another firm did not submit a proposal because it provides services to local competitors. Carriage Transit Solutions meets the qualifications to provide decedent transportation services. Based on this criteria and criteria in SMMC 2.24.190, staff recommends Carriage Transit Solutions, Inc. as the best qualified firm. Staff contacted a reference for Carriage Transit Solutions, Inc., and the reference spoke highly of Carriage Transit Solutions, Inc.’s professionalism and respectfulness while transporting decedents. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the Cemetery Fund to award an agreement with Carriage Transit Solutions, Inc. for decedent transportation services. 5.F.d Packet Pg. 230 Attachment: CTS Staff Report 1.28.2020 (5629 : Cemetery Operations Contracts) 4 of 4 Agreement Request Request Amount FY 2019-20 Budget Public Works Department Total Contract Amount $25,000 59500001.550120 $125,000 Future year funding is contingent on Council budget approval. Prepared By: Adam Lopez, Cemetery Administrator Approved Forwarded to Council Attachments: A. May 22, 2018 Staff Report B. CTS Oaks Initiative Signed 5.F.d Packet Pg. 231 Attachment: CTS Staff Report 1.28.2020 (5629 : Cemetery Operations Contracts) 1 January 28, 2020 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 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, January 28, 2020, at the Civic Center - East Wing, 1855 Main Street. Roll Call: Present: Mayor Kevin McKeown Mayor Pro Tem Terry O’Day (arrived at 5:55 p.m.) Councilmember Gleam Davis Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Greg Morena Councilmember Ted Winterer Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present except Mayor Pro Tem O’Day. Councilmember Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Mayor Pro Tem O’Day arrived at 5:55 p.m. 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 6:30 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 Government Code Section 54956.9(d)(1): Shu Chang v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 702558. The City Attorney advised this matter was a sidewalk trip and fall accident. The City Attorney’s Office recommended settlement in the amount of $150,000. Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve Settlement Agreement No. 10991 (CCS) in the amount of $150,000. DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 232 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 2 January 28, 2020 Mayor Pro Tem O’Day excused at 6:13 p.m. Mayor Pro Tem O’Day returned at 6:30 p.m. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor McKeown NOES: None ABSTAIN: Mayor Pro Tem O’Day 1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Kirk Kelly v. Jacob Charles Duncan, City of Santa Monica, et al., Los Angeles Superior Court, Case No. BC722657. The City Attorney advised this matter was a motorcycle accident with and Santa Monica Police Officer who was driving his car. The City Attorney’s Office recommended settlement in the amount of $125,000. Motion by Councilmember Davis, seconded by Councilmember Winterer, to approve Settlement Agreement No. 10992 (CCS) in the amount of $125,000. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor McKeown NOES: None ABSTAIN: Mayor Pro Tem O’Day 1.C. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR, Human Resources Manager Shawn Weiske, and Outside Counsel Laura Kalty, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE). This item was removed at the request of staff. SPECIAL AGENDA ITEMS: 2.A. City Manager's Report: Celebrating Black History Month, was presented. Member of the public Nat Trives spoke in support. 2.B. Proclamation: Black History Month, was presented by the Mayor. 2.C. City Manager's Report: Fiscal Year 2018-2019 Annual Report, was presented. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 233 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 3 January 28, 2020 CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. There were no members of the public present to comment on the Consent Calendar. Councilmember Jara acknowledged that she received word that she does not have to recuse herself from Item 3.A., so she will be voting on this item this evening. Motion by Councilmember Davis, seconded by Councilmember Morena, to approve the Consent Calendar, reading resolutions by title only and 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 PUBLIC HOUSEKEEPING TRAINING 3.A. Award Request for Proposal and enter into Agreement No. 10986 (CCS) with Santa Monica College’s Office of Workforce & Economic Development to provide Public Housekeeping Training, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP# 101819 to Santa Monica College’s Office of Workforce & Economic Development to provide training to Santa Monica’s hotel housekeepers in accordance with Santa Monica Municipal Code Chapter 4.67; 2. Authorize the City Manager to negotiate and execute an agreement to certify and designate the Office of Workforce & Economic Development at Santa Monica College as the City’s Public Housekeeping Training Organization for a term of three years, with three additional one-year renewal options, at no cost to the City. WOODLAWN MORTUARY 3.B. Award Request for Proposal and enter into Agreement No. 10987 (CCS) with Carriage Transit Solutions, Inc. for Woodlawn Mortuary Transportation Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #226 to Carriage Transit Solutions, Inc., a California- based company, for Decedent Transportation Services for the Public Works Department; 2. Authorize the City Manager to negotiate and execute an agreement DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 234 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 4 January 28, 2020 with Carriage Transit Solutions, Inc., in the amount not to exceed $25,000 for one year, with four additional one-year renewal options in the amount of $25,000, on the same terms and conditions, for a total amount not to exceed $125,000 over a five-year period, with future funding contingent on Council budget approval. SUSTAINABLE WATER INFRASTRUCTURE PROJECT 3.C. Award Request for Proposal and enter into Agreement No. 10988 (CCS) with Environmental Science Associates (ESA) for Paleontological, Archeological, and Cultural Resource Compliance Monitoring Services for the Sustainable Water Infrastructure Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #SP2456 to Environmental Science Associates (ESA), a California-based company, for paleontological, archaeological, and cultural resource compliance monitoring services for the Sustainable Water Infrastructure Project (SWIP) for the Public Works Department, and; 2. Authorize the City Manager to negotiate and execute an agreement with Environmental Science Associates (ESA) in an amount not to exceed $205,360 for three years. PEST MANAGEMENT SERVICES 3.D. Award Bid and enter into Agreement No. 10989 (CCS) with West Coast Environmental Services for Integrated Pest Management Services, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #4390 to West Coast Environmental Services, a California-based company, for structural integrated pest management services for properties owned, occupied, leased, or otherwise operated by the City of Santa Monica citywide; 2. Authorize the City Manager to negotiate and execute an agreement with West Coast Environmental Services, in an amount not to exceed $100,000 for one year, with four-additional one-year renewal option(s) in the amount of $100,000, on the same terms and conditions, for a total amount not to exceed $500,000 over a five- year period, with future year funding contingent on Council budget approval. SHORT RANGE TRANSIT PLAN 3.E. Receive and File Short Range Transit Plan and Adoption of Resolution No. 11223 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO FILE THE FY 2019-20 THROUGH FY 2021-22 TRANSPORTATION DEVELOPMENT ACT AND STATE TRANSIT DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 235 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 5 January 28, 2020 ASSISTANCE CLAIM; TO SUBMIT GRANT APPLICATIONS AND TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS AND OTHER TRANSIT AGREEMENTS IN FURTHERANCE OF THE SHORT RANGE TRANSIT PLAN FOR FY2019-20 THROUGH 2021- 22”, was approved and adopted. Recommended Action Staff Recommends that the City Council: 1. Authorize the City Manager to file the Fiscal Year (FY) 2019-20 through FY 2021-22 Short Range Transit Plan (SRTP) with the Los Angeles County Metropolitan Transportation Authority (Metro). 2. Adopt the attached resolution authorizing the City Manager to: (a) apply for and execute grant agreements and execute related certifications and assurances with the Federal Transit Administration (FTA), Metro, or other federal, state, regional or local agencies; and, (b) enter into agreements for transit funds for the pass-through of funds and agreements for planning, programming, and implementing transit services and capital projects during FY 2019-20 through FY 2021-22. MINUTES 3.F. Minutes of City Council - Regular Meeting - January 14, 2020, were approved. WEBSITE 3.G. Authorization to Award Contract No. 10990 (CCS) for a New City-Wide Website, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute and agreement with Symsoft Solutions Corporation, a California-based company, for design and development of a new city-wide website. This award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and in an amount not to exceed $742,550 (including a 20% contingency), for a two-year term with one additional one year renewal option in the amount of $180,000, on the same terms and conditions for a total amount not to exceed $922,550 with the future year contingent on Council budget approval. ORDINANCES: ZONING 7.A. Ordinance No. 2628 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION 9.07.030 TO CLARIFY PARCEL COVERAGE LIMITATIONS FOR EXISTING STRUCTURES WITH ADDITIONS IN THE R1 (SINGLE- UNIT RESIDENTIAL) DISTRICT”, was presented. DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 236 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 6 January 28, 2020 Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Councilmember Winterer, to adopt the ordinance, reading by title only and 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 EV CHARGING 7.B. Second Reading and Adoption of Ordinance No. 2629 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENACTING SANTA MONICA MUNICIPAL CODE SECTION 3.16.242 TO PROHIBIT NON-CHARGING VEHICLES FROM PARKING AT PUBLIC ELECTRIC VEHICLE CHARGING STATIONS AND AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3.04.035 AND 3.16.170 TO PERMIT THE ESTABLISHMENT OF OVERSTAY CHAGES FOR PARKING SPACES DESIGNATED FOR USE OF PUBLIC ELECTRIC VEHICLE CHARGING STATIONS”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, 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, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None 7.C. Introduction and First Reading of an Ordinance Extending the First Shared Mobility Device Pilot Program and Creating a Second Pilot Program, was presented. Recommended Action Staff recommends that the City Council: • Introduce for first reading the proposed ordinance, amending Section 3.21.090 of the Santa Monica Municipal Code to extend the term of the first Shared Mobility Device Pilot Program from May 17, 2020 to June 30, 2020, and enacting new Chapter 3.22 of the Santa Monica Municipal Code to create the second DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 237 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 7 January 28, 2020 Shared Mobility Pilot Program extending until December 31, 2021. Members of the public Frank Reig, Jerry Rubin, Todd Maron (time donated by Kim Pluth), Tim Harter (time donated by Chloe Lynn), Jason Islas, Morgan Roth, Andrew Hoyer, and, Karla Owunwanne (time donated by Rachel Wasser) spoke to the recommended action. Questions asked and answered of staff included: is it the Planning Director who makes the final decision on operators or how does the selection process work; at what point does the public get involved in the selection process; why the emphasis on swappable batteries; when you decided to emphasize swappable batteries did you talk to the components in the community who make money off charging or recycling batteries; is local preference included in the criteria; what are the criteria’s ability to integrate with Big Blue Bus information; what is the thought to include absolute limits; are we going to have real-time data in this next pilot; what analytics do we have behind that data; how do we allocate fees if we have fluctuating numbers throughout the seasons; are the fees based on the peak time of year; when is the green lane paid for; shouldn’t language adjust in the ordinance to give priority to companies who don’t encourage connecting with their car services; what is the reasoning behind providing a priority to companies that have the lock-to capabilities; what happens if we award contracts to operators who decide to deploy a lower number than they are permitted; control over pricing, is that to achieve any surge in pricing or spike in pricing; are we doing anything about the identity of scooters and which company they belong to; is there any thought about integrating all of the modes of transportation to be available on one app; is there any way to make sure devices are evenly distributed around town; how do we see the balancing of mobilities going forward; are there devices in the market that have kickstands to make it more difficult to knock down; have any of our current operators pulled out of other markets; is the Capital Improvement Plan (CIP) reimbursement still around $400,000; what’s the next CIP plan for micro-mobility; what is our burden of cost for micro-mobility, including staff; does the city ever elaborate on marketing with the vendors; what are some of the innovations that the companies are working on; would a company like Rebel, who has a different business model including a moped, require a special permit or licensing; what is the Breeze cost to operate; would staff envision having a consolidated transportation app; has there been any thought of expanding the Breeze bike program to include other electric bike companies; if Breeze closes in November and those vehicles come off the market, how will that impact the number of micro- mobility devices available; and, would a moped company be considered as one of the two or three operators being selected. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer, to approve the staff recommendation with the following changes: removing DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 238 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 8 January 28, 2020 the swappable battery and lock-to requirements; extend the per-vehicle public right of way fee until the CIP is repaid; add a local preference for the selection process, that’s based on the number of employees in Santa Monica; align the program with the real-time data agency as a goal; and, exclude mopeds from this program, and that they should be regulated under carshare regulations. Councilmember Winterer, proposed a friendly amendment to propose instead of swapping out batteries, ask to use the most sustainable process for charging, and instead of using lock-to, say any tools that will get the vehicles out of the public right-of-way safely parked; and, add a requirement to be connected to mass transit through the apps. The motion was considered friendly by the maker. Councilmember Winterer, proposed a friendly amendment to add language to give preference to systems that do not connect to automobile options. The motion was not considered friendly by the maker. Councilmember Winterer, made a few more friendly amendments to include that there should be some public component to the request for proposal (RFP) process. This was considered friendly to the maker. Councilmember Winterer, proposed additional friendly amendments to include: add using the MDS until the agency API is ready; once the $2 million that has been deployed for the green bike lanes is paid up by the public right-of-way fee, impose a more modest public right-of-way fee in order to have some revenue fund. This motion was not considered friendly to the maker. Councilmember Davis, proposed a friendly amendment to include in the criteria about whether or not the respondents are operators in neighboring cities. The motion was considered friendly by the maker and seconder. Councilmember Davis, proposed a friendly amendment to include, in the RFP the question of whether or not the operators have ever reduced their fleet or pulled out of other jurisdictions. The motion was considered friendly by the maker and seconder. Councilmember Davis, proposed a friendly amendment to include in the criteria, a preference from companies who won’t cross-promote to increase their car share business. The motion was considered friendly by the maker and seconder. Councilmember Himmelrich, proposed a friendly amendment to include a preference to companies that are willing to make their API and data available to app developers to create a universal app that provides all DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 239 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 9 January 28, 2020 modes of transportation. The motion was considered friendly by the maker and seconder. The Mayor restated the motion with amendments. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer, to introduce for first reading the ordinance, with amendments. 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 PUBLIC HEARINGS: WASTEWATER RATES 9.A. Public Hearing and Adoption of Resolution No. 11224 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, REVISING WASTEWATER RATES AND WASTEWATER SERVICES CHARGES”, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing. 2. Receive public comment pursuant to Proposition 218 requirements. 3. Consider all protests against the proposed wastewater rate increases that have been submitted in accordance with Proposition 218. 4. Adopt the attached resolution establishing a five-year schedule of wastewater rate adjustments to go into effect on March 1, 2020 for the first year. Subsequent increases for calendar years 2021 through 2024 will go into effect January 1 for each calendar year. Members of the public Linda Lancaster (time donated by Stephen Lancaster), Denise Barton, Zina Josephs, and Judy Abdo spoke to the recommended action. Questions asked and answered of staff included: if a person is conserving, is it true that they will still get hit with that same 15% increase; do their rates fluctuate; is SWIP part of wastewater; are the capital cost financed through rates; and, has there been any consideration to include a rate for greywater. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena, to adopt the staff recommendation. The City Clerk confirmed that the amount of protest letters received totaled approximately 695, which is significantly below the required amount of 11,767 in order to consider the protest under Prop. 218. Therefore, the DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 240 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 10 January 28, 2020 Council approved the motion to adopt Resolution No. 11224 (CCS) by the following vote: AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None WATER RATES 9.B. Public Hearing and Adoption of Resolution No. 11225 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, REVISING WATER RATES AND WATER SERVICES CHARGES”, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing. 2. Receive public comment pursuant to Proposition 218 requirements. 3. Consider all protests against the proposed water rate increases that have been submitted in accordance with Proposition 218. 4. Adopt the attached resolution establishing a five-year schedule of water rate adjustments to go into effect March 1, 2020 for the first year. Subsequent increases for calendar years 2021 through 2024 will go into effect January 1 for each calendar year. Members of the public Linda Lancaster, Denise Barton, Zina Josephs, Judy Abdo, and Jon Wang spoke generally in favor of the recommended action. Questions asked and answered of staff included: how much is the cost for Metropolitan Water district water versus what we’re charging; are we really getting more water from MWD than was estimated; are we keeping our relationship open with MWD even once we become self-sufficient; the loan that is taken out for SWIP, does it cover that entire project; are the rate payers paying now for the 30 year loans on the water sufficiency projects; if we’re trying to make it so that everybody is paying the same, why is the residential tier rates much higher than commercial; and, isn’t this a climate change to not have to continue on others to supply us. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena, to adopt the staff recommendation. The City Clerk confirmed that the amount of protest letters received totaled approximately 714, which is significantly below the required amount of 11,767 in order to consider the protest under Prop. 218. Therefore, the Council approved the motion to adopt Resolution No. 11225 (CCS) by the following vote: DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 241 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 11 January 28, 2020 AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None COUNCILMEMBER DISCUSSION ITEMS: GOVERNMENT ALLIANCE ON RACE AND EQUITY 13.A. Request of Mayor McKeown and Councilmember Jara that the Council allocate up to $5,000 of Council discretionary funds as a matching grant to a committee of interdepartmental staff comprising the Santa Monica cohort of the Government Alliance on Race and Equity (GARE), to support programs and activities planned for the City’s commemoration of Black History Month, was presented. There were no members of the public present to speak on this item. Motion by Councilmember Jara, seconded by Councilmember Winterer, to adopt the recommendation. 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 LIBRARY BOARD 13.B. Appointment to one unscheduled vacancy on the Santa Monica Library Board for a term ending on 6/30/2021, was presented. There were no members of the public present to speak on this item. On order of the Mayor, the floor was opened for nominations. Councilmember Davis, nominated John Hart. Mayor McKeown, nominated Philip Tate. John Hart was appointed by the following vote: Hart: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day Tate: Mayor McKeown Mayor McKeown changed his vote to John Hart, thereby appointing John Hart by acclamation to the Library Board for a term ending June 30, 2021, with all members present. SANTA MONICA PIER CORPORATION 13.C. Appointment to one unscheduled vacancy on the Santa Monica Pier Corporation for a term ending on 12/31/2021, was presented. DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 242 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 12 January 28, 2020 Councilmember Morena excused at 11:48 p.m. Councilmember Morena recused himself from this item to avoid a possible conflict of interest because his family owns a restaurant on the Pier. There were no members of the public present to speak on this item. On order of the Mayor, the floor was opened for nominations. Councilmember Himmelrich, nominated Derek Devermont. Councilmember Davis, nominated Kristin McCowan. Mayor McKeown, nominated Nicholas Rolston. Kristin McCowan was appointed by the following vote: Devermont: Councilmembers Himmelrich, Winterer McCowan: Councilmembers Davis, Jara, Mayor Pro Tem O’Day Rolston: Mayor McKeown Councilmembers Himmelrich, Winterer, and Mayor McKeown changed their votes to McCowan, thereby appointing Kristin McCowan by acclamation to the Santa Monica Pier Corporation for a term ending 12/31/2021, with all members present, except Councilmember Morena. PREFERENTIAL PARKING Councilmember Morena returned at 11:49 p.m. Councilmember Winterer excused at 11:50 p.m. 13.D. Request of Mayor McKeown that Council place on its agenda on a date to be publicly noticed and on that date reconsider item 11-A from the Council agenda of July 23, 2019 – a proposed resolution to amend Preferential Parking Zone F to include the area generally bounded by Highland Avenue, Ocean Park Boulevard, 11th Street, Glenn Avenue, and the south City limit; as a condition precedent to reconsideration of this item, the Council would be required to, at the meeting for which the item appears on the agenda, vote, by a vote of two-thirds of the Council members then present, to suspend Council Rule 12(g), which requires that a motion to reconsider a legislative action be brought by a Council member on the prevailing side, was presented. Councilmember Winterer recused himself because he lives in the preferential parking zone that is being discussed. Questions asked and answered of staff included, if a different staff member brought this up, how many votes would be needed. Member of the public Judy Abdo, spoke in opposition of the recommended action. Motion by Mayor McKeown, seconded by Councilmember Himmelrich, to approve the recommendation. The motion was approved by voice vote with DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 243 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 13 January 28, 2020 Councilmember Morena and Mayor Pro Tem O’Day opposing, with Councilmember Winterer, absent. PUBLIC INPUT: Councilmember Winterer returned at 11:59 p.m. Member of the public Denise Barton commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:01 a.m. ATTEST: APPROVED: Denise Anderson-Warren Kevin McKeown City Clerk Mayor DocuSign Envelope ID: FCF49EE9-EFCC-4810-80AA-EFA9BC9307E8 5.F.e Packet Pg. 244 Attachment: CTS Council Minutes 1.28.2020 (5629 : Cemetery Operations Contracts) 5.F.f Packet Pg. 245 Attachment: Beacon Oaks Initiative (5629 : Cemetery Operations Contracts) 5.F.g Packet Pg. 246 Attachment: Farmscape Oaks Initiative (5629 : Cemetery Operations Contracts) 5.F.g Packet Pg. 247 Attachment: Farmscape Oaks Initiative (5629 : Cemetery Operations Contracts)