COMPLETED AGENDA CITY OF SANTA MONICA REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1685 MAIN STREET, ROOM 213 TUESDAY AUGUST 28, 2018

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1 COMPLETED AGENDA CITY OF SANTA MONICA REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1685 MAIN STREET, ROOM 213 TUESDAY AUGUST 28, 2018 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 (d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC ACTION: Heard. No reportable action taken. 1.B. Conference with Real Property Negotiator Property: 1328 Second Street Negotiator: Andy Agle, Dir. Housing and Economic Development and Barbara Collins, Housing Manager Under Negotiation: Loan terms Owner of Record: Step Up on Second ACTION: Heard. No reportable action taken 1.C. Conference with Legal Counsel Existing Litigation Litigation has been initiated formally pursuant to Government Code Section (d)(1): Leevan & Wilshire -26 LLC. V. City of Santa Monica, Los Angeles Superior Court, Case No. SS ACTION: Approved Settlement in the amount of $250,000, with terms. 1.D. Conference with Legal Counsel Existing Litigation Litigation has been initiated formally pursuant to Government Code Section (d)(1) Netwig v. City of Santa Monica, Los Angeles Superior Court, Case No. BC

2 ACTION: Approved Settlement in the amount of $35, E. Conference with Legal Counsel Anticipated Litigation Request to enter into a lawsuit as an amicus curiae, pursuant to : State of California v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No ACTION: Approved to join the amicus brief. 1.F. Conference with Labor Negotiator - City Negotiator: Donna C. Peter, Director of Human Resources Bargaining Units: Coalition for Santa Monica City Employees (CSMCE) ACTION: Heard. No reportable action taken. 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. Commendations: Santa Monica Girls Fastpitch 12U & 14U Gold Teams ACTION: Presented by the Mayor. 3. CONSENT CALENDAR (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.) 3.A. Award Bid to Ferguson Enterprises, Inc. and Hirsch Pipe & Supply for Plumbing Supplies 1. Award Bid #4327 to Ferguson Enterprises, Inc. and Hirsch Pipe & Supply, both California-based companies, for the purchase of plumbing supplies; and 2. Authorize the Purchasing Services Manager to issue purchase orders for plumbing supplies with Ferguson Enterprises, Inc. in the amount not to exceed $75,000 for one year, with four additional one-year renewal options, for a total amount not to exceed $595,000 over a five-year period; and Hirsch Pipe & Supply in the amount not to exceed $55,000 for one year, with future year funding contingent on Council budget approval. 3.B. Award Bid to One Source Distributors for Electrical and Lighting Supplies 1. Award Bid #4328 to One Source Distributors, a California-based company, for the purchase of electrical and specialty lighting supplies as required by the Public Works Department; and City of Santa Monica Generated: 8/24/2018 4:55 PM Page 2

3 2. Authorize the Purchasing Services Manager to issue a purchase order with One Source Distributors for the purchase of electrical and specialty lighting supplies in an amount not to exceed $336,600 for two years, with one additional three-year renewal option, with a four percent annual increase for years two through five, for a total amount not to exceed $893,694 over a fiveyear period, with future year funding contingent on Council budget approval. 3.C. Selection and Award of Sustainable Water Infrastructure Project Design/Build Services Contract 1. Award RFP #SP2456 to Kiewit Infrastructure West Co., a Delaware-based company, for the design-build services for the Sustainable Water Infrastructure Project; 2. Authorize the City Manager to negotiate and execute a design-build services agreement with Kiewit Infrastructure West Co. in an amount not to exceed $7,500,000 to provide design services for the Sustainable Water Infrastructure Project, including engineering, permitting, preparation of construction documents, and submittal of a guaranteed maximum price for construction services; and 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. 3.D. Award Contract for Granular Activated Carbon Replacement Services for the Charnock Well Field and other City Water Treatment Sites 1. Award Bid #4341 to Carbon Activated Corporation, a California-based company, for granular activated carbon media replacement and reactivation services for the Charnock Well Field and other City water treatment sites; and 2. Authorize the City Manager to negotiate and execute an agreement with Carbon Activated Corporation, in an amount not to exceed $2,500,000 over a five-year period including a 2.6% price decrease in year 4, with future year funding contingent on Council budget approval. 3.E. Award Agreement for Water/Wastewater Rate Study Consultant Services 1. Award RFP #172 to NBS, a California-based company, to complete a water / wastewater rate and capital facility fee study for calendar years 2020 to 2024; and City of Santa Monica Generated: 8/24/2018 4:55 PM Page 3

4 2. Authorize the City Manager to negotiate and execute an agreement with NBS, in an amount not to exceed $175,000 through June 30, 2020, with future year funding contingent on Council budget approval. 3.F. Award Bid for the Purchase of up to 122 Police Interceptor Utility Vehicles for the Police and Fire Departments 1. Authorize the Purchasing Services Manager to issue a purchase order with Folsom Lake Ford, a California-based company, for the purchase and delivery of up to 112 Police Interceptor Utility (PIU) vehicles. This recommended award is made as an exemption to the competitive bidding process pursuant to Section (b), as competitive bidding has already occurred, and is for a total amount not to exceed $4,503,883, with future year funding contingent on Council budget approval; and 2. Authorize the Purchasing Services Manager to issue any necessary change orders to the purchase order for the purchase of an additional 10 vehicles through the life of the state contract, expiring on June 6, 2020, to replace those vehicles damaged beyond repair during the course of Police Department activities, for an additional amount not to exceed $466,163, for a total amount not to exceed $4,970,046, with future year funding contingent on Council budget approval. 3.G. Award Bid to Rotational Molding, Inc. for the Purchase of 300-Gallon Solid Waste and Recycling Containers 1. Award Bid #4342 to Rotational Molding, Inc., a California-based company, for the purchase of 300-gallon solid waste and recycling containers; and 2. Authorize the Purchasing Services Manager to issue a purchase order with Rotational Molding, Inc. for the purchase of 300-gallon solid waste and recycling containers in the amount not to exceed $1,356,000 for ten years, with the same price for the first three years and an increase based on the consumer price index for the next seven years, with future year funding contingent on Council budget approval. 3.H. Parking Structure 2 License Agreement with Downtown Santa Monica, Inc. (DTSM) Staff recommends that the City Council authorize the City Manager to negotiate and execute a license agreement with Downtown Santa Monica, Inc. (DTSM), a City of Santa Monica Generated: 8/24/2018 4:55 PM Page 4

5 California-based not-for-profit corporation, for the use of the rooftop deck of Cityowned Parking Structure 2, located at nd Street, as an outdoor cinema. The proposed license agreement would have a five-year term with one, five-year renewal option. 3.I. Authorize the City Manager to negotiate and execute an agreement for the installation of 10 Tesla Superchargers on the rooftop parking level of Parking Structure 7 Staff recommends that the City Council authorize the City Manager to negotiate and execute a modification to the Agreement for Lease, Operation, and Maintenance of Parking Facilities executed July 28, 2010 with Macerich SMP LP for the installation of 10 Tesla Superchargers on the rooftop parking level of Parking Structure ADMINISTRATIVE PROCEEDINGS 6.A. Public Hearing on Appeals to Proposed Wireless Small Cell Facilities Staff recommends that the City Council hold a public hearing, receive public comment, deny the three public appeals against the installation of two small cell sites on City streetlight poles, and uphold the Public Works Department s approval of the installations by taking the following actions: 1. Approve Wireless Application 17WIR-0083 by adopting the attached Statement of Official Actions, and 2. Approve Wireless Application 17WIR-0131 by adopting the attached Statement of Official Actions. ACTION: Appeal denied; STOAs adopted. 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. Second Reading and Adoption of Ordinance Repealing and Replacing in its Entirety the Text of Santa Monica Municipal Code Chapter 9.32 Pertaining to Personal Wireless Service Facilities Staff recommends that City Council adopt the attached Ordinance. ACTION: Adopted. City of Santa Monica Generated: 8/24/2018 4:55 PM Page 5

6 7.B. Second Reading and Adoption of Ordinance Adding Chapter 7.18 to the Santa Monica Municipal Code Relating to Sustainable Groundwater Management and Prohibiting New Private Wells and Expansion of Private Wells Unless and Until Permitted by a Groundwater Sustainability Plan Staff recommends that City Council adopt the attached Ordinance. ACTION: Adopted. 7.C. Second Reading and Adoption of Ordinance Amending Articles IV and VIII of the Santa Monica Municipal Code by Updating Tenant Relocation Assistance and Tenant Protection During Construction Laws Staff recommends that City Council adopt the attached Ordinance. ACTION: Adopted. 7.D. Second Reading and Adoption of Ordinance Amending Chapter 5.44 of the Santa Monica Municipal Code to Prohibit the Distribution of Non-Marine Degradable Disposable Food Service Ware and Polystyrene Beverage Lids Staff recommends that City Council adopt the attached Ordinance. ACTION: Adopted. 7.E. Introduction and First Reading of an Ordinance amending Sections 3.12, , and of the Santa Monica Municipal Code to Clarify Traffic Regulations Pertaining to the Operation of Electric Bicycle, Electric Personal Assistive Mobility Devices, Electrically Motorized Boards, Low Speed Vehicles, and Motorized Scooters - Item 7.E and 8.A to be heard concurrently Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Chapter 3.12, and Sections , and to clarify traffic regulations pertaining to the operation of electric bicycles, electric personal mobility devices, electrically motorized boards, low speed vehicles and motorized scooters. ACTION: Introduced for first reading. 8. STAFF ADMINISTRATIVE ITEMS 8.A. Use of Public Property Fees for Shared Mobility Devices - Item 7.E and 8.A to be heard concurrently Staff recommends that the City Council adopt a Resolution establishing a Shared Mobility Use of Public Right of Way fee (Attachment A). City of Santa Monica Generated: 8/24/2018 4:55 PM Page 6

7 ACTION: Adopted as amended, with direction to staff. 13. COUNCILMEMBER DISCUSSION ITEMS 13.A. Recommendation to accept J. Shawn Landres' resignation from the Social Services Commission and authorize the City Clerk to publish the vacancy. ACTION: Accepted with regret. 13.B. Recommendation to accept Roger Genser's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy. ACTION: Accepted with regret. 13.C. Request of Councilmembers McKeown, Himmelrich, and Mayor Winterer that the Council support a request from the Santa Monica Pier Lessees Association (SMPLA) to allocate an amount not to exceed $27,000 of Council contingency funds for a feasibility study to explore improvement district options at the Santa Monica Pier. The feasibility study would be produced by Progressive Urban Management Associates, managed by the Office of Pier Management on behalf of SMPLA. 13.D. Request of Mayor Winterer and Mayor Pro Tem Davis that the City Council support School Board Measure SMS, the Santa Monica Classroom Repair and 21st Century Education Bond, on the November 2018 ballot. If passed, the measure will improve, repair, and modernize outdated Santa Monica classrooms, science labs, libraries, instructional technology and other school facilities and improve school safety/security systems. 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 11:13 p.m. Agendas and reports are accessible on the City's webpage at They are also available at the City Clerk's Office and in alternate formats upon request. For a free subscription to the City Council Agendas, please contact the City Clerk s Office at (310) or clerk@smgov.net. Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA or to councilmtgitems@smgov.net. Written comments received from the public by 12 PM on the City of Santa Monica Generated: 8/24/2018 4:55 PM Page 7

8 day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Any electronic presentation materials intended to be presented at a City Council meeting must be ed to the City Clerk at clerk@smgov.net no later than 12 PM on the day of a City Council meeting. City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk s Office at (310) or TDD: (310) at least 3 days prior to the scheduled meeting. Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) y pida hablar con Esterlina Lugo. Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free). City of Santa Monica Generated: 8/24/2018 4:55 PM Page 8