m121515CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 15, 2015
A special meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:30 p.m., on
Tuesday, December 15, 2015, at City Council Chambers, 1655 Main Street.
Roll Call: Present: Mayor Tony Vazquez
Mayor Pro Tem Winterer
Councilmember Gleam Davis
Councilmember Sue Himmehich
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:0.5 p.m.)
Councilmember Terry O'Day
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 5:30 p.m., with all
members present except Councilmember O'Connor. Mayor Pro Tem
Winterer led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Members of the public Denise Barton, Frances Engler, Chris Harding, and
Jim Conn commented on Closed Session items.
On order of the Mayor, the City Council recessed at 5:41 p.m., to consider
closed sessions and returned at 6:57 p.m., with all members present, 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): National Business Aircraft Association, et at. v. City of
Santa Monica, FAA Docket No. 16-14-04
The City Attorney advised this item was heard with no reportable action.
1.8. 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 item was heard with no reportable action.
1 December 15, 2015
1.C. Conference with Legal Counsel — Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(d)(2): I case --
Claim of Alex Gorby re 710 Wilshire.
The City Attorney recommended that Council agree to the following
conditions in order to avoid litigation on this matter:
1) By 1/31/16 the Joint Design Review Board (JDRB) will conduct a
public "workshop" hearing on the project design. Staff will make
good faith efforts to ensure that all 7 members of the JDRB will be
present, and the City will make an AV record of the proceedings;
2) It is Council's intent and direction that, at the workshop hearing, the
JDRB will provide clear and concrete direction on the project by way
of a collective consensus achieved through majority vote;
3) The JDRB will conduct a follow up hearing within 30 days of
receiving the revised architectural plans. Staff will make good faith
efforts to ensure that all 7 members will be present, and the City will
make an AV recording of the proceedings;
4) The DDRB will render its final written decision on remand no later
than 618/16;
5) If the JDRB's final decision is appealed, Council will conduct a de
novo hearing and render its final decision on appeal within 60 days
of the appeal's filing date. Staff will make a good faith effort to
ensure that all 7 members of Council are present for the appeal
hearing.
6) Neither the JDRB nor City Council will utilize the design review
process to compel a reduction in the size and scale of the project as
approved by the DA, except to the extent specifically provided in the
DA.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the conditional agreement as recommended. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day,
O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: None
SPECIAL AGENDA 2.A. City Manager's Report: Presentation on the Downtown Specific
ITEMS: Plan Process, was presented.
CITY MANAGER'S Member of the public Denise Barton commented on this item.
REPORT
2 December 15, 2015
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public People of California commented on Consent Calendar
items.
Motion by Councilmember McKeown seconded by.O'Day, 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 O'Connor, O'Day, Himmelrich, Davis,
McKeown, Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: None
WORKERS' 3.A. Award Agreement to TCS Risk Management Services, LLC for
COMPENSATION Workers' Compensation Program Data Analysis and Reporting
PROGRAM Services, was approved.
Recommended Action
Staff recommends that the City Council:
I. Award Request for Proposal (RFP) 9 54 to TCS Risk Management
Services, LLC, a Californias-based company, for workers' compensation
program data analysis and reporting services; and
2. Authorize the City Manager to negotiate five year professional
services Agreement No. 10234 (CCS) with TCS Risk Management Services,
LLC in an amount not to exceed $212,500, with fixture funding contingent
on Council budget approval.
HOUSING ASSET FUND 3.13. Annual Report on Housing Asset Fund, was approved.
Recommended Action
Staff recommends that the City Council:
1. Receive the attached Annual Report on the Low- and Moderate -
Income Dousing Asset Fund for Fiscal Year 2014-15 and direct City staff to
post the report on the City's website by December 31, 2015; and
2. Direct staff to present the independent audit of the Low- and
Moderate -Income Housing Asset Fund to City Council upon completion of
the independent audit of the City's Comprehensive Annual Financial Report
(CAFR) and post the results of the audit on the City's website after
presentation to Council.
1533 11TH STREET 3.C. Resolution No. 10927 (CCS) entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO.
December 15, 2015
71515 TO SUBDIVIDE A PROPERTY AT 1533 11 lh STREET", was
adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
approving Final Tract Map No. 71515.
CITY COUNCIL RULES 3.D. Modification of City Council Rules of Order, was adopted.
OF ORDER
Recommended Action
Staff recommends that the City Council adopt Resolution No. 10928 (CCS)
modifying the Rules of Order and Procedure for the Conduct of City Council
meetings to:
1) schedule the City Manager's Report under Item 2 of the agenda; and
2) clarify that late requests to donate speaker time will not be granted
additional time, but may be heard with Council approval.
ORDINANCES:
7.A. Introduction for first reading of an Ordinance amending the
SAN VICENTE
Municipal Code to add Chapter 9.56.310 designating the San Vicente
BOULEVARD
Boulevard Courtyard Apartments Historic District, was presented.
COURTYARD
APARTMENTS
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance that adds Chapter 9.56.310 to the Municipal Code and
designates certain properties along both sides of San Vicente Boulevard,
generally located between Ocean Avenue and 7"' Street, as the San Vicente
Boulevard Courtyard Apartments Historic District ("Historic District") as
recommended by the Landmarks Commission. Until such time that a
separate ordinance is adopted and in effect that describes the regulatory
review procedures to govern the review of proposed alterations and/or
modifications to properties within the Historic District, this ordinance also
temporarily: requires the issuance of a Certificate of Appropriateness for any
exterior repairs, alterations and/or modifications to both contributing and
non-contributing buildings within the Historic District; exempts non-
contributing buildings within the Historic District from Architectural Review
Board review; and, waives any Certificate of Appropriateness fees for
exterior repairs, alterations and/or modifications to non -contributors within
the Historic District.
Members of the public Ken Kutcher, Bill Davids, Diane Miller (donated time
from Pat Becker), Ruthann Lehrer, Phil Brock Jillian Alexander, Carol
Lemlen, Jeff Appel, Margaret Bach, Phillis Dudick, Robert Chattel, Derek
Wilson, and Evelyn Lauchenauer (late) spoke generally in favor of the
recommended action.
4 December 15, 2015
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof.
Questions were asked and answered of staff about deadlines, process going
forward, Certificate of appropriateness for non-contributing buildings, how
carve outs to remove certain buildings from the district was determined, and
how a school in the district will be addressed.
Motion to amend by Councilmember O'Connor, seconded bv_
Councilmember O'Day, to exclude the Carlthorp School from the Historic
Courtyard District. The motion failed by the following vote:
AYES: Councilmembers O'Connor, O'Day
NOES: Councilmembers McKeown, Davis, Himmelrich,
Mayor Pro Tem Winterer, Mayor Vazquez
ABSENT: None
The main motion was restated and approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis,
McKeown, Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: None
STAFF 8.A. Safety Enhancements for the Exposition Light Rail Project in the
ADMINISTRATIVE City of Santa Monica, was presented.
ITEMS:
EXPOSITION LIGHT Recommended. Action
RAIL Staff recommends that the City Council authorize the City Manager to work
with the Exposition Light Rail Construction Authority and the Los Angeles
County Metropolitan Transportation Authority to identify and implement
pedestrian improvements, including the installation of fencing, along the
Colorado Avenue guideway of the Expo Line between 15"' Court and 5"'
Street in accordance with Metro safety standards.
Members of the public Michael Jimenez and Rick Thorpe, commented on
this item.
Considerable discussion ensued on topics including, but not limited to: paint
color of the fencing, the picket fence versus the contempo fence, sidewalk
barrier options, center line fencing, and left-hand turn barriers.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to adopt the staff recommendation, with a preference for the contempo fence
and lighter fencing on sidewalk.
5 December 15, 2015
Councilmember Davis, made a friendly amendment to direct staff to
experiment with some colors of the contempo fence, so that it isn't so
transparent to pedestrians, and that it could make the fence more esthetically
pleasing. The motion was accepted as friendly by the maker.
The motion was approved by the following vote.
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis,
McKeown, Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: None
PIER CORPORATION 8.8. Appointment of Seven Members to the Santa Monica Pier
BOARD Corporation Board for Terms Commencing on January 1, 2016, was
presented concurrently with Item 13-A.
Recommended Action
Staff recommends that the City Council appoint seven members to the Pier
Corporation Board, three appointments for four year terms and four
appointments for two year terms. The terms of these appointments would
commence January 1, 2016. Please see attached report from the November
10, 2015 City Council meeting.
Members of the public Ellen Brennan and Judy Abdo, commented on this
item.
On order of the Mayor, Council decided to make appointments by naming
their seven appointments, and then determining the terms based on how
many applicants receive four or more votes.
Councilmember McKeown voted for Judy Abdo, Abby Arnold, Sean Besser,
Allan Lipsky, Susan McCarthy, J.D. Douglas Simpson, and Barbara
Stinchfield
Councilmember Davis voted for Judy Abdo, Abby Arnold, David Kaplan,
Misti Kerns, Susan McCarthy, Barbara Stinchf eld, and Jodi Summers
Councilmember Himmelrich voted for Judy Abdo, Abby Arnold, Gray
Bright, Christopher Foster, Allan Lipsky, Susan McCarthy, and Barbara
Stinchfield
Mayor Pro Tem Winterer voted for Judy Abdo, Barbara Stinchheld, Susan
McCarthy, Misti Kerns, Toby Berlin, and Christopher Foster
Councilmember O'Day voted for Judy Abdo, Abby Arnold, Ray Braun,1
Misti Kerns, Susan McCarthy, Barbara Stinchfreld, and David Kaplan
6 December 15, 2015
Councilmember O'Connor voted for Judy Abdo, Abby Arnold, Misti Kerns,
Allan Lipsky, Susan McCarthy, TJ Montemer, and Barbara Stinchfield
Mayor Vazquez voted for Judy Abdo, Abby Arnold, Christopher Foster,
David Kaplan, Misti Kerns, Susan McCarthy, and Barbara Stinchfield
Motion by Mayor Vazquez, seconded by Councilmember Himmelrich, to
appoint Judy Abdo, Misti Kerns, Susan McCarthy, and Barbara Stinchfield
to the two year terms.
For the three remaining four year terms, Abby Arnold was appointed.
Mayor Pro Tem. Winterer changed his vote from Toby Berlin to Abby
Arnold, making her appointment unanimous.
Councilmember Davis changed her vote from Jodi Summers to Allan Lipsky,
giving him four votes for the appointment to a four year term.
Councilmember McKeown changed his vote from J.D. Douglas Simpson to
Christopher Foster, giving him four votes for the appointment to a four year
term.
The three members appointed to the board for a four year term are Abby
Arnold, Allan Lipsky, and Christopher Foster.
OUTSIDE ADVISOR 8.C. Review and Approval of Proposed Scope of Work by Outside
Advisor, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute professional
service Agreement No. 10235 (CCS) with Hueston Hennigan, LLP,
a California-based Corporation, in an amount not to exceed $420,000
(includes a 5% contingency).
2. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
Members of the public Denise Barton, Michael Toney, People of California,
and Art Casillas generally spoke in opposition of this recommendation.
Motion by Mayor Pro Tem Winterer, seconded by Councilmember
McKeown, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers O'Connor, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
7 December 15, 2015
NOES: Councilmember O'Day
ABSENT: None
COUNCILMEMBER 13.A. Annual Appointments to the Santa Monica Pier Corporation, was
DISCUSSION ITEMS: presented with Item S -B,
SANTA MONICA PIER
CORPORATION
CLEAN BEACHES & 13.B. Appointment to two annual vacancies on the Clean Beaches &
OCEAN PARCEL TAX Ocean Parcel Tax Citizens Oversight Committee for a term ending
CITIZENS OVERSIGHT 1213112017, was presented.
COMMITTEE
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown, seconded by Councilmember Himmelrich,
nominated Tom Ford.
There being no other nominations, Tom Ford was appointed by acclamation.
Motion by Councilmember Himmelrich, seconded by Councilmember
O'Day, to continue the second appointment to a future date. The motion was
approved unanimously by voice vote.
METROPOLITAN 13.C. Appointment to one annual vacancy on the Metropolitan Water
WATER DISTRICT District Board of Directors for a term ending 1213112019, was presented.
BOARD
Members of the public People of California, commented on this item.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown, seconded by Councilmember Davis, nominated
Judy Abdo.
Judy Abdo was appointed by acclamation.
NOISE ORDINANCE 13.1). Request of Councilmembers Davis and Himmelrich that staff
review how the recently amended noise ordinance is being enforced in
commercial areas and consider how it might be further refined to avoid
having it interfere with activities protected by the First Amendment, was
presented.
There were no members of the public present.
8 December 15, 2015
Motion by Councilmember Davis, seconded by Councilmember
Himmelrich, to approve the recommendation, and direction was given to
staff. The motion was approved unanimously by voice vote.
SANTA MONICA 13.E. Recommendation to accept Don Camacho's resignation from
TRAVEL & TOURISM Santa Monica Travel & Tourism and authorize the City Clerk to publish
the vacancy, was presented.
There were no members of the public present.
Motion by Councilmember McKeown, seconded by Mayor Pro _ Tem
Winterer, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 9:43p.m.
ATTEST:
Ak,j,j,�nkt&'A ifs'
Denise Anderson -Warren
Acting City Clerk
APPROVED:
W
T y Vazq
Mayor
9 December 15, 2015