m-031715CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 17, 2015
A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, March 17, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez
Councilmember Gleam Davis
Councilmember Sue Himmehich
Councilmember Pam O'Connor (arrived at 5:50 p.m.)
Councilmember Ted Winterer
Absent: Councilmember Terry O'Day
Also Present: Interim City Manager Elaine Polachek
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with
Councilmembers O'Day and O'Connor absent. Councilmember Davis led
the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember O'Connor On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
arrived at 5:50 p.m. closed sessions and returned at 6:54 p.m., with Councilmember O'Day
absent, to report the following:
I -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1): Harris v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 341 569
The City Attorney advised that this item was an employment personnel
lawsuit with a claim of gender discrimination, and that the parties came to
an agreement to avoid the uncertainty and expense of further litigation. The
City Attorney recommended settlement in the amount of $490,000.
Motion by Councilmember Davis, seconded by Councilmember
Himmelrich, to approve Settlement No. 10040 (CCS), as recommended by
the City Attorney.
March 17, 2015
AYES: Councilmembers O'Connor, Winterer, Himmehich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
1 -B: Conference with Real Property Negotiator:
Property: 3100 Neilson (recorded as 3275 Barnard
Way)
City Negotiators: Andy Agle, Director of Housing and
Economic Development
Barbara Collins, Housing Manager
Under Negotiation: Terms of Affordability Covenant
Owner of Record: Neilson Villa
The City Attorney advised this matter was heard with 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) —1 case: 1) Claim of Dunn and Robhana
The City Attorney advised this matter was heard with no reportable action
taken.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Jerry Rubin, Denise Barton and People of California
commented on various Consent Calendar items.
At the request of Councilmember Davis, Item 3 -D was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Councilmember
Himmelrich, to approve the Consent Calendar except for Item 3 -D, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Connor,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
MINUTES 3 -A: The minutes for the February 24, 2015, City Council meeting were
approved.
March 17, 2015
ELETRIC VEHICLE 3 -13: Award Bid for Six Chevy Spark Electric Vehicles —
PURCHASE recommendation to Award Bid #4176 to Lake Chevrolet, for the purchase
and delivery of six Chevy Spark electric vehicles; and authorize a purchase
order with Lake Chevrolet for the purchase and delivery of six Chevy
Spark electric vehicles in an amount not to exceed $177,154 with future
year funding contingent on Council budget approval, was approved.
TREE CARE AND 3 -C: Agreement Modification for additional tree care and
MAINTENANCE maintenance — recommendation to authorize the City Manager to negotiate
and execute a first modification to Professional Services Agreement No.
9553 (CCS) in the amount of $10,000 with Valley Crest Tree Company, to
provide an additional tree care and maintenance for 31 Ficus benjamina
trees removed from the Expo Light Rail Project right -of -way and to be
relocated in coordination with the Buffer Park Project, resulting in a four -
year amended agreement with a new total amount not to exceed $360,000,
with ftrture year funding contingent on Council budget approval; and,
authorize changes, was approved.
NORTH BEACH 3 -D: Professional Services Agreement for the North Beach
PLAYGROUND Playground Project — recommendation to award Request for Proposals
(REP) #SP2374 to Patrick Tighe Architecture, Inc., to provide design
services for the North Beach Playground Project; authorize the City
Manager to negotiate and execute professional services Agreement No.
10039 (CCS) with Patrick Tighe Architecture, Inc. (PTA) in an amount not
to exceed $146,896; and authorize changes, was presented.
Councilmember Davis advised that she removed item 3 -D to receive
information from staff.
Motion by Councilmember Davis, seconded by Mayor Pro Tern Vazquez,
to approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Davis, I-Iimmelrich, Winterer, O'Connor,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
STUDY SESSION: 4 -A: Taxicab Franchise Program Regulations, Non -Taxi Vehicles for
TAXICAB FRANCHISE Hire Regulations, and Curb Space Allocation to Non -Taxi Vehicles for
PROGRAM Hire (e.g., Uber, Lyft) — recommendation that City Council review and
REGULATIONS comment on vehicles for hire and direct staff to: 1) Include both taxi and
non -taxi vehicles for hire when allocating curb space; 2) Research and
consider amendments to the taxicab franchise program; 3) Draft an
ordinance to amend the taxicab franchise program rules and regulations; 4)
Draft an ordinance to amend the vehicle for hire regulations to establish
minimal regulations on in -city vehicles for hire; and, 5) Return to Council
3 March 17, 2015
with recommendations on franchise renewals and vehicle allocations, was
presented.
Members of the public Gayle Shankle, Sandy Clair, Denise Barton, Patrick
Sandoval (donated time by Amar Make), Leon Slomovic, Eyal Gutentag
(donated time by Michael Amodeo), Barry Levin, Jaime B. Laurent,
Shirley Pe, Tom Larmore (donated time by Alunen Salem), and Cassandra
Hooks (donated time by Khalid Charif), and Ayman Radwan.
Considerable discussion ensued on topics including, but not limited to
regulation, franchise fees, curb space, and background checks.
Staff direction was provided.
Motion by Councilmember O'Connor, seconded by Councilmember
Vazquez, to receive and file the information. The motion was approved by
a unanimous voice vote, with all members present excepting
Councilmember O'Day.
ADMIN. PROCEEDINGS: 6 -A: Appeals 14APP -006 and 14APP -007 of the Planning
1415 OCEAN AVENUE Commission's approval of Conditional Use Permit 13CUP -017 and
Parking Variance 13VAR -012 to amend existing alcohol and parking
variance permits for the Georgian Hotel located at 1415 Ocean
Avenue, has been rescheduled at the request of appellant Unite Here and
will be considered at the May 12`x' council meeting, and the Applicant
Georgian Hotel has agreed to the new date.
ORDINANCES: 7 -A: Introduction for first reading an Ordinance Adopting Local
MODIFY REQUIREMENT Modifications to the Requirements of the Property and Business
FOR PETITION Improvement District Law of 1994 to reinstate a 40- percent- minimum
THRESHOLD Petition Threshold for Consideration of Establishing a Property or
Business Improvement District, was presented.
Members of the public Denise Barton spoke generally in opposition to the
recommended action.
Motion by Councilmember Winterer, seconded by Councilmember
Hirmnelrich, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O'Connor, Winterer, IIimmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
4 March 17, 2015
STAFF 8 -A: Presentation of the City's Comprehensive Annual Financial
ADMINISTRATIVE Report (CAFR) — recommendation that the City Council receive and file
ITEMS: the independent auditors' unmodified (clean) report for the City's financial
ANNUAL FINANCIAL statements for the fiscal year ended June 30, 2014 and the attached
REPORT Auditor's Letter to Council, was presented.
No members of the public spoke on this item.
Considerable discussion ensued on topics including, but not limited to
communication with Council and audit findings.
Motion by Councilmember Himmelrich seconded by Councilmember
Winterer, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Davis, I-Iirmnelrich, Winterer, O'Comior,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
INTERNAL AUDIT 8 -B: Presentation of Internal Audit Internal Controls Review Report
CONTROLS REVIEW and Review of the City's Audit Review Framework, Including
Consideration of Audit Committee — recommendation that the City
Council: review and comment on the Internal Controls Review report
prepared by the City's internal auditor, Moss Adams LLP; and approve the
City's current audit review framework, including presentation of audit
reports to the full City Council in an open hearing, was presented.
Member of the public Jerry Rubin spoke generally in favor of the
recommended action.
Members of the public Denise Barton, People of California, Michael
Soloff, Laura Wilson, Laurence Eubank, Marcy Winograd (donated time
by Linda Piera - Avila), Nancy Coleman and Mary Marlow spoke generally
in opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to the
process of the review and creation of an audit committee.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to direct staff to return with a resolution to create an audit committee
composed of up to three Councilmembers with the possibility of expertise
from members of the public, and to give staff direction to begin working on
an implementation plan with Moss and Adams, to be reviewed by the
committee, and to review the staff work plan at the April 28, 2015 meeting.
March 17, 2015
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
PUBLIC HEARINGS:
9 -A: Public Hearing and Adoption of Resolution Approving the
CALIFORNIA
California Municipal Finance Authority ( "CMFA ") to Issue Revenue
MUNICIPAL FINANCE
Bonds for the Benefit of Crossroads School for the Arts and Sciences
AUTHORITY
( "Crossroads ") — recommendation to Hold a Public Hearing under the
requirements of the Tax and Equity Fiscal Responsibility Act and the
Councilmember Hinznaelrich
Internal Revenue Code of 1986, as amended; receive Public Comment; and,
u,as excused at 11: 58 p. in.
adopt Resolution No. 10868 (CCS) entitled, "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING
THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY REVENUE BONDS (THE CROSSROADS SCHOOL FOR
ARTS AND SCIENCES) SERIES 2015 IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $32,000,000 FOR THE
PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION,
CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF
EDUCATIONAL FACILITIES AND RELATED PROPERTIES AND
CERTAIN OTHER MATTERS RELATING THERETO," was presented.
No members of the public spoke on the item.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Winterer, O'Connor,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmembers Hinnnelrich, O'Day
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Planning
DISCUSSION ITEMS: Commission for a term ending on June 30, 2015, was presented.
PLANNING
COMMISSION No members of the public spoke on this item.
Councilmember Hin naehIch On order of the Mayor, the item was continued to the March 24, 2015
returned to the dais at 12:01 Council meeting.
a.m.
COMMISSION ON THE 13 -B: Recommendation to accept Jessica Lall's resignation from the
STATUS OF WOMEN Commission on the Status of Women and authorize the City Clerk to
publish the vacancy, was presented.
6 March 17, 2015
No members of the public spoke on this item.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present excepting Councilmember O'Day.
FOURTH OF JULY 13 -C: Request of Councilmember Winterer that the Council allocate
PARADE $5000 to the Ocean Park Association, a 501(c)3, to hire a professional
coordinator to assist with organizing and staging of the annual Fourth
of July Parade on Main Street, was presented.
Member of the public People of California spoke generally in opposition to
the recommended action.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to approve the recommendation. The motion was approved by
the following vote:
AYES: Couneilmembers O'Connor, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
COMMISSION ON THE 13 -1): Appointment to one unscheduled vacancy on the Commission
STATUS OF WOMEN on the Status of Women for a term ending on June 30, 2015, was
presented.
No members of the public spoke on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Elena Christopoulos.
Councilmember flimmehich nominated Madeleine Brand.
The following votes were tallied:
Christopoulos: Councilmembers Davis, Winterer, O'Connor
Brand: Councilmember Himmelrich, Mayor Pro Tern Vazquez, Mayor
McKeown
As there was a tie, on order of the Mayor, the item was continued to a
future meeting, with a date uncertain.
7 March 17, 2015
MAYORS' CHALLENGE 13 -E: Request of Mayor McKeown and Councilmember O'Connor
FOR SAFER PEOPLE, that the Council authorize Santa Monica's participation in the United
SAFER STREETS States Department of Transportation's "Mayors' Challenge for Safer
People, Safer Streets," and reaffirm that pedestrian and bicycle
mobility and safety are of the utmost importance by pursuing a multi -
departmental approach to complete streets and safety. The goal of
complete streets is to make streets safe and convenient for all road uses
and for people of all ages and abilities. Santa Monica's Bicycle Action
Plan and Pedestrian Action Plan should incorporate best practices
from complementary initiatives such as Vision Zero (no loss of life
acceptable), and 8 -80 Cities (if a city works for persons who are 8 years
old and 80 years old, it will be good for all), was presented.
Member of the public People of California spoke generally in opposition to
the recommended action.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to approve the recommendation.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Winterer, Himmelrich, Davis,
Mayor Pro Tern Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Day
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:17
a.m. in memory of Don "Skip" Skipworth, Pauline Baker and Kevin
McCarthy.
ATTEST:
% i 9
Sarah P. Gorman
City Clerk
APPROVED:
4)�_.
Kevin McKeown
Mayor
March 17, 2015