City Council Meeting Wrap Up for September 13, 2016

NOTE: Council Wrap-Ups are a summary of meeting topics and events provided by the City Clerk's Office as a public service.  This wrap-up is not an official record of Council action. The official record is posted by the City Clerk on this website with other meeting documents as soon as possible after the meeting.



COMPLETED AGENDA
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 213
TUESDAY SEPTEMBER 13, 2016
MEETING BEGINS AT 5:30 PM



CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL


 (Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)


1. CLOSED SESSIONS

 1.A. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Airbnb, Inc. and Homeaway.com, Inc., v. City of Santa Monica, United States District Court, Central District of California, Western Division, Case Numbers 2:16-cv-6645, 2:16-cv-6641

ACTION: Heard. No reportable action taken. Councilmember Himmelrich recused herself.

1.B. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Arlene Rosenblatt, an individual, on behalf of herself and all others similarly situated, v. City of Santa Monica et al., United States District Court, Central District of California, Western Division, Case Number 2:16-cv-04481-ODW-AGR

ACTION: Heard. No reportable action taken.

1.C. Conference with Legal Counsel - Anticipated Litigation - Anticipate significant exposure to litigation pursuant to Government code Section 54956.9(d)(2) - 2600 Wilshire Boulevard

ACTION: Heard. No reportable action taken.

1.D. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Van Sickle v. City of Santa Monica, Los Angeles Superior Court Case Number BC 596 706

ACTION: Approved Settlement Agreement No. 10356 (CCS) in the amount of $3,850,000.

1.E. Conference with Legal Counsel - Potential Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (d)(4) - 1 case

ACTION: Not heard.

1.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Palmer v. City of Santa Monica, United States District Court Case Number 15-CV-06183

ACTION: Heard. No reportable action taken.

1.G. Conference with Legal Counsel – Existing Litigation – City of Gardena v. Regional Water Quality Control Board – Los Angeles Region, State Water Resources Control Board et al, City of Santa Monica real party in interest, State of California Superior Court, County of Orange, Case Number 30-2016-00833722-CU-WM-CJC

ACTION: Not heard. 

1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Arick-Harvey v. City of Santa Monica, et al., Los Angeles Superior Court Case Number BC 569 978

ACTION: Not heard.

The following is the order of business for items to be heard no earlier than 6:30 p.m.

2. SPECIAL AGENDA ITEMS

2.A. Proclamation declaring September 23rd, 2016 as Vin Scully Day in Santa Monica

ACTION: Presented.

2.B. City Manager's Report: Update on Santa Monica Farmers Markets

ACTION: Presented.

3. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

3.A. Big Blue Bus Fuel and Wash Construction Contract

Recommended Action

Staff recommends that the City Council:

  1. Award Bid #2371 to JR Universal Construction Inc., a California-based company, for the modernization of the fuel and wash building and replacement of the existing bus wash apparatus;
  2. Authorize the City Manager to negotiate and execute Contract No. 10357 (CCS) with JR Universal Construction Inc., in an amount not to exceed $1,684,000 (includes a 10% contingency); and
  3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

ACTION: Approved.

3.B. 1342 5th Street Parking Lot Construction Contract

Recommended Action

Staff recommends that the City Council:

  1. Award Bid #SP2235 and 2363 to All American Asphalt Corporation, a California-based company, for the 1342 5th Street Parking Lot Improvements Project;
  2. Authorize the City Manager to negotiate and execute Contract No. 10358 (CCS) with All American Asphalt Corporation, in an amount not to exceed $601,700 (includes a 10% contingency); and
  3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

ACTION: Approved.

3.C. Memorandum of Understanding (MOU) with Santa Monica-Malibu Unified School District to Fund Water Use Audits and Infrastructure Retrofits

Recommended Action

Staff recommends that the City Council:

  1. Authorize the City Manager to negotiate and execute Memorandum of Understanding (MOU) Agreement No. 10359 (CCS) between the City and the Santa Monica-Malibu Unified School District (SMMUSD) to fund water use audits and retrofits in an amount not to exceed $300,000 for one year, with two additional one-year renewal option(s) totaling $549,000, on the same terms and conditions, for a total amount not to exceed $849,000 over a three-year period, with future year funding contingent on Council budget approval; and
  2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section.

ACTION: Approved.

3.D. Award Contractual Services Agreement for Water/Wastewater Equipment Welding Services

Recommended Action

Staff recommends that the City Council:

  1. Award Bid #4253 to Paul's Welding, a California-based company, for water and wastewater equipment welding and metal fabrication services; and
  2. Authorize the City Manager to negotiate and execute Agreement No. 10361 (CCS) with Paul's Welding in an amount not to exceed $530,000 over a five-year period, including increases based on State prevailing wage rate adjustments, with future year funding contingent on Council budget approval.

ACTION: Approved.

3.E. Amendment to Westside Cities Council of Governments Joint Powers Authority Agreement

Recommended Action

Staff recommends that the City Council authorize the Mayor and City Manager to execute a First Amendment to the 2007 Amended and Restated Joint Exercise of Powers Agreement (JPA) for the Westside Cities Council of Governments (WSCCOG), to allow the County of Los Angeles to appoint a senior-level staff member as the alternate voting representative should the Governing Board Representative be unable to attend a meeting.

ACTION: Approved.

3.F. Construction Contract for Berkeley Street Traffic Improvements

Recommended Action

Staff recommends that the City Council:

  1. Award Bid #SP2412 to Hardy & Harper, Inc., a California-based company, for the construction of the Berkeley Street Traffic Improvements;
  2. Authorize the City Manager to negotiate and execute Agreement No. 10360 (CCS) with Hardy & Harper, Inc., in an amount not to exceed $269,100 (including a 15% contingency); and
  3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

ACTION: Approved.

3.G. Agreement Modification No. 5 to Provide Additional Services for the Downtown Community Plan Program Environmental Impact Report

Recommended Action

Staff recommends that the City Council authorize the City Manager to negotiate and execute a fifth modification to Agreement #9687 in the amount of $25,300 with AMEC Foster Wheeler Corporation, a London-based company, for additional scope of work related to the Downtown Community Plan Environmental Impact Report. This will result in a five-year amended agreement, with a new total amount not to exceed $991,300, with future year funding contingent on Council budget approval.

ACTION: Approved.

3.H. First Modification to Contract No. 9710 with Hewlett Packard for the Purchase, Installation and Maintenance of Desktop Computers

Recommended Action

Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Agreement # 9710 CCS in the amount of $700,000 with Hewlett Packard, a California-based company, for the purchase, installation, and maintenance of desktop computer equipment. This will result in a four-year amended agreement with a new total amount not to exceed $2,300,000, with future year funding contingent on Council budget approval.

ACTION: Approved.

3.I. License Modification for Seasonal Ice Skating Rink

Recommended Action

Staff recommends that the City Council authorize the City Manager to execute a first modification to the License Agreement with Downtown Santa Monica Inc., a California-based Corporation, for the installation and operation of a seasonal ice rink on City property between the months of October and February. The modification would extend the term of the agreement with four, one-year option periods and replace one parcel in the license area, 1326 5th Street, for another parcel, 1323 5th Street. The existing term of five years, combined with the recommended four, one-year options, would result in an amended license agreement not to exceed nine years in total.

ACTION: Approved.

3.J. Reed Park Improvements Construction Contract Change Order

Recommended Action

Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Agreement #10297 (CCS) in the amount of $150,000 with BrightView Landscape Development, Inc., a Maryland-based company, for additional construction services on the Reed Park Improvements Project. This will result in a one-year amended agreement with a new total amount not to exceed $743,483.

ACTION: Approved.

7. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

7.A. Introduction for First Reading of a Proposed Ordinance Regulating the Construction of Private Wells

Recommended Action 

Staff recommends that the City Council introduce for first reading an ordinance establishing conditions for construction of private wells in the City.

ACTION: This item was pulled at the request of staff.

8. STAFF ADMINISTRATIVE ITEMS

8.A. Venue Guarantee Letters with LA 2024 Exploratory Committee (LA 2024) and International Olympic Committee (IOC) for Beach Volleyball during 2024 Olympics

Recommended Action

Staff recommends that the City Council:

  1. Authorize the City Manager to submit a venue guarantee letter to LA 2024 for use of Santa Monica State Beach for Beach Volleyball during the 2024 Olympics; and
  2. Authorize the Mayor to submit a letter in support of the Candidature Questionnaire for the City of Los Angeles to the International Olympic Committee.

ACTION: Approved.

8.B. Climate Action Update to Council: 15x15 Climate Action Plan Final Report, Sea Level Rise Analysis and the New Climate Action and Adaptation Plan

Recommended Action

Staff recommends that the City Council:

  1. Review and comment on the 15X15 Climate Action Plan Final Report; and
  2. Direct staff to complete a feasibility and financial impact analysis for achieving carbon neutrality by 2050 or sooner, and return to Council with recommendations.

ACTION: Approved.

9. PUBLIC HEARINGS

9.A. Hold a Public Hearing on Report on Water Quality and Public Health Goals

Recommended Action

Staff recommends that the City Council hold a public hearing; receive public comments on the City of Santa Monica Report on Water Quality Relative to Public Health Goals; and accept the report.

ACTION: Approved.

13. COUNCILMEMBER DISCUSSION ITEMS

13.A. Appointment to one Annual vacancy on the Landmarks Commission for a Term Ending June 30, 2020

ACTION: Appointed Richard Brand.

13.B. Request of Councilmember McKeown that the Council Adopt Resolution No. 10990 (CCS) Expressing the Council's Support for Efforts within the City and throughout the County to Raise Awareness of Human Trafficking and to Combat this Crime through all Available Means

ACTION: Approved.

13.C. Request of Councilmember McKeown that Council Direct Staff to Explore and Return with Recommendations for a Two-year Pilot Program Offering Extremely Reduced-Cost Big Blue Bus Passes for SMMUSD Students, as Part of our Ongoing GoSaMo Program, in Pursuit of the Council’s Adopted Top-five Priority of Mobility, and with Hopes of Increasing Safety and Reducing Individual Private Vehicular Traffic near Schools

ACTION: Adopted.

14. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

ACTION: Held.

ADJOURNMENT at 10:15 p.m. in memory of Ed Edelman, Judy Bartusky, and Juan Gabriel.


Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the City Clerk's Counter located at City Hall, 1685 Main Street, Santa Monica during normal business hours. Documents are also available at www.smgov.net/council/agendas.

For a free subscription to City Council Agendas contact the City Clerk's Office at (310) 458-8211 or clerk@smgov.net.  This agenda is available in alternate format upon request.

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NOTE: Council Wrap-Ups are a summary of meeting topics and events provided by the City Manager's Office as a public service. This wrap-up is not an official record of Council action. The official record is posted by the City Clerk on this website with other meeting documents as soon as possible after the meeting.
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