m120815CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 8, 2015
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:31 p.m., on
Tuesday, December 8, 2015, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Tony Vazquez
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Terry O'Day
Councilmember Ted Winterer
Absent: Councilmember Pam O'Connor
Also Present: City Manager Rick Cole
City Attorney Marsha Jones Moutrie
Acting City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present excepting Councilmember O'Connor. Rick Cole led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
closed sessions and returned at 7:03 p.m., with Councilmember O'Connor
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): Roberts v. City of Santa Monica, et al., United States
District Court Case No. CV 14-4056 GHK (Ex)
The City Attorney recommended a settlement in the amount of $37,000 for
a Police case.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to approved Settlement No. 10233 (CCS). The motion was approved by the
following vote:
December 8, 2015
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
I.B. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1): City of Santa Monica v. ARB, Inc., Los Angeles
Superior Court Case Number SC 119 923
The City Attorney advised this matter had been approved at the November
24, 2015 meeting, with an incorrect settlement amount. The City Attorney
recommended a settlement agreement in the amended amount of $750,000
to be paid to the City.
Motion by Councilmember Winterer, seconded by Councilmember O'Day,
to approve amended Settlement No. 10223 (CCS). The motion was
approved by the following vote:
AYES: Councilmembers O'Day, Winterer, Himmelrich, Davis,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
I.C. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2): 1 Case
The City Attorney advised this matter was heard with no reportable action
taken.
I.D. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2): 1 case - Santa Monica Airport Aviation
Tenants, National Business Aviation Association and Aircraft and
Owners Pilots Association
The City Attorney advised this matter was heard with no reportable action
taken.
I.E. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) - 1 case: Justice Aviation's Claim for
Damages
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December 8, 2015
The City Attorney advised this matter was heard with no reportable action
taken.
1,F. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): National Business Aircraft Association, et al. v. City of
Santa Monica, FAA Docket No. 16-14-04
The City Attorney advised that this is the pending Part tb proceeding
against the City involving the Airport. The City received an adverse
determination by the Federal Aviation Agency, the determination was that
the grand assurances run until 2023, The Council discussed challenging
that ruling by an appeal.
Motion by Mayor McKeown, seconded by Councilmember Davis, to
challenge the Federal Aviation Agency's ruling. The motion was approved
by the following vote:
AYES: Councilmembers Davis, Himmelrich, Winterer, O'Day,
Mayor Pro Tem Vazquez, Mayor McKeown
NOES: None
ABSENT: Councilmember O'Connor
SPECIAL AGENDA 2.A. City Manager's Report - Annual Report Video, was presented.
ITEMS:
2.B. Installation of Mayor Pro Tem Tony Vazquez as Mayor, and of
Councilmember Ted Winterer as Mayor Pro Tem, was held.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton and Johnathan Fesler commented on
various Consent Calendar items.
At the request of Councilmember Himmelrich, Item 34 was removed from
the Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the Consent Calendar except for item 3-J, reading resolutions by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
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December S, 2015
TEMPORARY USE 3.A. Award Construction Contract for the Temporary Use Transit
TRANSIT ORIENTED Oriented Development Site, was approved.
DEVELOPMENT
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2328 to All American Asphalt, a California-based
company, for the Temporary Use Transit Oriented Development, the new
temporary parking, drop-off and pick-up area south of the 01 Street EXPO
Station.
2. Authorize the City Manager to negotiate and execute Contract No.
10226 (CCS) with All American Asphalt in an amount not to exceed
$1,546,750 (includes a 15% contingency).
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
ATP PEDESTRIAN 3.11. Award Construction Contract and Professional Services
IMPROVEMENTS Agreement Modification for the 4th Street ATP Pedestrian
PROJECT Improvements Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2394 to Griffith Company, a California-based
company, for the construction of the 4" Street Pedestrian Improvements
Proj ect.
2. Authorize the City Manager to negotiate and execute Contract No.
10227 (CCS) with Griffith Company in an amount not to exceed $693,728
(includes a 12% contingency).
3. Authorize the City Manager to negotiate and execute a second
modification to Professional Services Agreement No. 10150 (CCS) in an
amount not to exceed $32,500 with Selbert Perkins Design for as -needed
technical support services during the construction of the 4"' Street
Pedestrian Improvements Project. This will result in an amended
agreement with a new total amount not to exceed $137,500.
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
RESCUE AMBULANCE 3.C. Award Bid for Rescue Ambulance Refurbishment, was
REFURBISHMENT approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4226 to Emergency Vehicle Group (EVG) Inc., a California
based company, for the refurbishment of up to four Rescue Ambulances;
2. Authorize the City Manager to negotiate and execute contractual service
Agreement No. 10229 (CCS) with Emergency Vehicle Group (EVG) Inc,
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December 8, 2015
in an amount not to exceed $353,283 for one year, with two additional one-
year renewal options in the amount of $353,283 on the same terms and
conditions for a total amount not to exceed $706,566 over a three-year
period, with future year funding contingent on Council budget approval.
FIRE DEPARTMENT 3.1). Professional Services Agreement for Fire Department Medical
MEDICAL DIRECTOR Director, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award R1iP#55 to Walid Ghurabi, D.Q., FACEP, to provide
Medical Director Services for the Fire Department;
2. Authorize the City Manager to negotiate and execute professional
service Agreement No. 10230 (CCS) with Dr. Walid Ghurabi, in an
amount not to exceed $126,000 for three years, with two additional
one-year renewal options in the amount of $84,000, on the same
terns and conditions for a total amount not to exceed $210,000 over
a five-year period, with future year funding contingent on Council
budget approval.
EXPOSITION LIGHT 3.E. Authorize Funds for the Exposition Light Rail Bike Path
RAIL BIKE PATH Emergency Phones and CCTV Project, was approved.
Recommended Action
Staff recommends that the City Council appropriate funds in the amount of
$150,000 for the Exposition Light Rail Bike Path Emergency Phones and
CCTV Project.
CANCELLATION OF A 3.F. Cancellation of a Regular Council Meeting Scheduled for
REGULAR COUNCIL Tuesday, December 22, 2015, was approved.
MEETING
Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting
scheduled for December 22, 2015, due to a lack of quorum, and schedule a
special meeting at 5:30 pan. on Tuesday, December 15, 2015 in City Hall.
BOARDS AND 3.G. First Modification to Contract 10052 (CCS) with Granicus, Inc.
COMMISSIONS to add the Purchase of the Boards and Commissions Management
MANAGEMENT SYSTEM System, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10052 (CCS) in
the amount of $40,500 with Granicus, Inc., a California-based company to
provide an Electronic Boards and Commissions Management system. This
will result in a five year amended agreement with a new total amount not to
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December 8, 2015
exceed $129,432, with future year funding contingent on Council budget
approval.
ANIMAL SHELTER 3.H. Animal Shelter Non -Profit Organization - Articles of
Incorporation and Bylaws, was approved.
Recommended Action
Staff recommends that the City Council:
1. Approve the attached Articles of Incorporation and Bylaws to
incorporate a non-profit entity to partner with the Santa Monica
Animal Shelter.
2. Direct staff to nominate an initial Board of Directors consistent with
the qualifications in the proposed Bylaws.
1038 BAY STREET 3.1. Resolution Approving Final Tract Map No. 72674 for a 2 -unit
Condominium Project at 1038 Bay Street, was approved.
Recommended Action.
Staff recommends that the City Council adopt the Resolution No. 10926
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR TRACT NO. 72674
TO SUBDIVIDE A PROPERTY AT 1038 BAY STREET."
TURF REPLACEMENT 3.K. Airport Park Turf Replacement Project, was approved.
PROJECT
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44229 to Hellas Construction, Inc, a Texas-based
company, for the removal of the current Airport Park artificial turf
sports field and the purchase and installation of a new artificial turf
sports field;
2. Authorize the City Manager to negotiate and execute contractual
service Agreement No. 10231 (CCS) with Hellas Construction, Inc.
in an amount not to exceed $816,000 (including a 10% contingency
of $74,645);
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
RADIO EQUIPMENT 3..T. Sole Source Purchase of Radio Equipment for Police, Fire and
PURCHASE Public Works in Preparation for Implementation of an Interoperable
Public Safety Trunked Radio System, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Purchasing Services Manager to issue a purchase
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December 8, 2015
order with Motorola Solutions, Inc., an Illinois -based company, for
the purchase of new and upgrade of existing portable and mobile
radios, including related accessories. This would be a sole source
purchase in an amount not to exceed $5,300,000.
2. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
Councilmember Himmelrich advised that she removed Item 34 because it
is a $10 million sole source contract, and she wanted to understand why
this is a contract and not through bids.
Staff explained that the City is joining a Regional Interoperable Radio
System, and that the system needs to be compatible with the technology
that is operated by 37 other jurisdictions. The vendor is the proprietary
vendor for the hardware and software used by all of these agencies. There
was a process to select this vendor.
Motion by Councilmember Himmelrich, seconded by Mayor Vazquez, to
approve staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
ADMIN. PROCEEDINGS: 6.A. Appeal 15ENT-0321 by Alexander Gorby of Joint Design
710 WILSHIRE Review Body Denial of Building Design, Colors, Materials, and
BOULEVARD Landscape Plans for 14ARB-173 for the construction of a new 271 -
room hotel and 15,210 square feet of ground floor retail/restaurant
space at 710 Wilshire Boulevard, was presented.
Recommended Action
Staff recommends that the City Council uphold appeal 15ENT-0321 and
approve ARB 14-173 for building, design, colors, materials, landscaping
and lighting plans for a new 271 -room hotel and 15, 210 square feet of
ground floor retail/restaurant space at 710 Wilshire Boulevard, subject to
findings and conditions contained in this staff report.
For quasi-judicial disclosure:
Councilmember Himmelrich disclosed that she met with the Appellant's
attorneys from Harding, Laimore, and Kutcher concerning the project,
spoke with representatives of CLUE, in support of the appeal, and reviewed
the correspondence and spoke to various members of the public who are
opposed to the appeal, and also spoke with the Chair of the ARB
concerning this project.
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December 8, 2015
Councilmember Davis disclosed she met with the appellant and their
counsel, also had telephone conversations with member of CLUE, did
receive one phone call from a member of the public who was opposed to
the approval, and also reviewed all of the emails and other correspondence
in connection with the matter.
Councilmember McKeown had not met with anyone, but has reviewed all
of the correspondence.
Councilmember O'Day met with the appellant's representative.
Mayor Pro Tem Winterer met with the appellant's architect and attorney,
and had a meeting with CLUE, who expressed support for the project, and
had a phone conversation with: the Chair of the ARS, who also serves on
the Joint Design Review Body, and reviewed emails and correspondence
from people on both sides of the issue.
Mayor Vazquez had not met with anyone, but has reviewed all of the
correspondence.
Ken Kutcher presented on behalf of the appellant.
Members of the public Therese Kelly, Jim Conn, Abby Arnold, Gabriella
Roscoe, Melanie Luthern, Carl Hansen, and Carol Lemlein spoke in
support of the appeal.
Members of the public Denise Barton, Andrew Hoyer, and Elizabeth Van
Den Burg spoke in opposition of the appeal.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to deny the appeal without prejudice and remand this back to
the JDRB for further work.
_Motion to amend by Mayor Pro Term. Winterer, to request direction from
the JDRB with explicit consensus on what changes they are looking for in
the project, so that the applicant has specific direction, and provide
direction within a six month time limit. The motion was considered
friendly by the maker and seconder.
Councilmembers Davis and O'Day stated concerns and reasons for
opposing the motion that the JDRB is nowhere near reaching a consensus,
and doesn't think that will happen in six months.
Councilmember Himmelrich is in support of the motion. Recommendation
to focus on the specific comments in Exhibit D (Statement of Official
December 8, 2015
Action) of the staff report.
Questions were asked of staff about the procedure and process if there is no
resolution in six months from the DDRB.
Staff responded if the matter goes back to the JDRB, and there is still no
resolution after six months, then the applicant will have the right to come
back to Council to appeal the decision.
Councilmember McKeown raised a procedural issue, that there are three
members in support of the motion, with six members present, and if the
vote is split 3-3, that has the effect of a technical denial of the appeal,
which would mean the appeal is denied by default with prejudice.
Councilmembers O'Day and Davis suggested if the vote is deadlock at 3-3,
then Council might consider continuing this item to the December 15,
2015, when Councilmember O'Connor is be present.
Discussion ensued on how Council should proceed with the vote or take a
straw poll, and with Mayor Vazquez as the deciding vote, he voiced
hesitated support for the motion.
The motion with the amendment was approved by the following vote:
AYES: Councilmembers McKeown, Himmelrich,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: Councilmembers Davis, O'Day
ABSENT: Councilmember O'Connor
ORDINANCES: 7.A. Introduction and first reading of an Ordinance adopting
1601 LINCOLN Development Agreement 12DEV-011 to allow a 5 -story (57 feet), 77,758
BOULEVARD square -foot mixed-use project consisting of 90 residential units, 10,617
square feet of ground floor commercial space, and 168 parking spaces
within a two-level subterranean parking garage at 1601 Lincoln
Boulevard, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve Development Agreement 12DEV-011 to allow a 5 -story (57
feet), 77,758 square -foot mixed-use project consisting of 90 residential
units, 10,617 square feet of ground floor commercial space, and 168
parking spaces within a two-level subterranean parking garage at 1601
Lincoln Boulevard.
2. Introduce for first reading an ordinance adopting Development
Agreement 12DEV-011 for the property at 1601 Lincoln Boulevard,
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December 8, 2015
For quasi-judicial disclosure:
Councilmember Himmehich disclosed that she met with Counsel for the
applicant to discuss parts of the project.
Mayor Pro Tem Winterer disclosed that he met with the development team.
Councilmember O'Day met with the applicant.
Dave Rand and Michael Folonis presented on behalf of the applicant.
Members of the public Denise Barton and Andrew Hoyer commented on
the project.
Discussion included swapping out three affordable upper units for lower
level loft style units that can be used for Live/Work units, increasing the
number to four affordable units on the ground level. The applicant seemed
favorable to the possible change.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, 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'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
STAFF R.A. Approval of Santa Monica Public Library's Strategic Plan, was
ADMINISTRATIVE presented.
ITEMS:
SANTA MONICA PUBLIC Recommended Action
LIBRARY Staff recommends that the City Council approve the Santa Monica Public
Library Strategic Plan which will guide future development of Library
services based on community input and study of current best practices.
Members of the public Marc Morgensern, Shawn Landres, Antonio D.
Speers, Kathleen Sheldon, and Christa Hollis, spoke in favor of the
recommended action.
Considerable discussion ensued on topics including, but not limited to the
expanding library services outside of the structures, and connecting with
the community in a new way.
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December 8, 2015
Motion by Councilmember Davis, seconded by Mayor Pro Tem Winterer,
to adopt the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Personnel
DISCUSSION ITEMS: Board for a term ending 6/30/2015, was presented.
PERSONNEL BOARD
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Eve Brosnahan.
There being no other nominations, Eve Brosnahan was appointed by voice
vote by acclamation by all members, with Councilmember O'Connor
absent.
OAKS INITIATIVE 13.11. Request of Mayor McKeown that staff prepare an ordinance
Councilrniember° O'Day was clarifying and implementing the Oaks Initiative prohibition against
excused at I1:101. in. public officials accepting employment from City contractors, was
presented.
Members of the public Mary Marlow (time donated from Elizabeth Van
Den Berg) and Laurence Eubanks spore in opposition to the recommended
action.
Considerable discussion ensued on topics including, but not limited to:
waiting for the report back from Mr. Hueston before moving forward with
an ordinance, determining who specifically the Oaks Initiative applies to
(Division or Department Heads), setting certain expectations from staff
going forward, and concerns that all of the legal questions have not been
addressed yet.
Motion by Councilmember McKeown to direct staff to advise Mr. Hueston
that his scope of work includes specifically a timely analysis of the need for
clarification of issues raised but not resolved by the recent Transparency
Group litigation, and further direct that Council convey to other staff
members Council's expectations are that Oaks provisions shall apply to all
City employees of Department Heads or above.
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December S, 2015
Motion to amend by Councilmember Himmelrich Auld be that all City
employees who have the power to negotiate contracts should not take
employment from companies that they negotiate with. The motion was
considered friendly by the maker.
City Attorney included some suggestions to clarify the definition of
"Appointed and Public Official."
Motion to amend by Councilmember Davis, to remove expectation and
make it understanding. The motion was considered friendly by the maker.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, as amendments, to direct staff to advise Mr. Hueston that his
scope of work includes specifically a timely analysis of the need for
clarification of issues raised but not resolved by the recent Transparency
Group litigation, to further convey to other staff members that Council's
understanding that the Oaks provisions shall apply to all Department Heads
and above.
The motion was unanimously approved by voice vote with
Councilmembers O'Day and O'Connor, absent.
PUBLIC INPUT: Members of the public Michael Toney, Johnathan Foster, Art Casillas,
Ronald Turovsky, Craig Miller, and Jason Qualis commented on various
local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:t8
a.m. in memory of the victims of the San Bernardino shooting.
ATTEST:
Denise Anderson -Warren
Acting City Cierlc
12
APPROVED:
nyVaz u
ayor
December 8, 2015