m20160126 .pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 26, 2016
A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:41 p.m., on
Tuesday, January 26, 2016, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Tony Vazquez
Mayor Pro Tem Ted Winterer
Councilmember Gleam Davis
Councilmember Sue Hirnmelrich
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Terry O'Day
Also Present: City Manager Rich Cole
City Attorney Marsha Jones Moutrie
Acting City Cleric Denise Anderson -Warren
CONVENE On order of the Mayor, the City Council convened at 5:41p.m., with all
members present.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:43 p.m., to consider
closed sessions and returned at 6:59 p.m., with all members present, to report
the following:
I.A. Conference with Legal Counsel -Claim of RCSM LP dba Chinois
on Main against the City of Santa Monica, City Claim Number 15-0848
The City Attorney reported that this was a sewer backup matter, and
recormnended a settlement in the amount of $25,000.
Motion by Councilmember Davis, seconded by Councilmember
Himmelrich, to approve Settlement No. 10246 (CCS), in the amount of
$25,000. 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
January 26, 2016
I.B. 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, CAA Docket No. 16-14-04
The City Attorney advised this matter was heard with no reportable action
taken.
I.C. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) - 1 case - Part 16 re leasing policy, landing
fees and loans
The City Attorney advised this matter was heard with no reportable action
taken.
1.1). Conference with Legal Counsel - Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4) -1605 Ocean Front Walk
The City Attorney advised this matter was heard with no reportable action
taken.
LE. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Mahgerefteh v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 541 384
The City Attorney reported that this was a trip and fall case, and
recommended a settlement in the amount of $75,000.
Motion by Councilmember Davis, seconded by Councilmember O'Day, to
approve Settlement No. 10247 (CCS), in the amount of $75,000. 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
I.F. Conference with Real Property Negotiator.
Property: 1318 — 1320 Fourth Street.
City Negotiators: Andy Agle, Director of Housing and
Economic Dev. Alan Kotin, ADK and Associates
Under Negotiation: Ground Lease Terms
Owner of Record: City of Santa Monica
2 January 26, 2016
The City Attorney advised this matter was heard with no reportable action
taken.
1.G. Consideration of the City Cleric Appointment and Process
The City Attorney advised this matter was heard with no reportable action
taken.
1.11. 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. United States of America, et al.,
United States Court of Appeals for the Ninth District Case Number 14-
55583
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA 2.A. City Manager's Report - Update on the Pico Branch Library, was
ITEMS • presented.
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 People of California commented
on various Consent Calendar items.
At the request of staff, Items 3-I1, 3-1, were removed from the Consent
Calendar, with consensus from Council.
Motion by Councilmember O'Connor, seconded by Ma or Pro Tem
_Winterers to approve the Consent Calendar except for Item 3-H and 3-1,
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
TIMEKEEPING AND 3.A. Fourth Modification to Agreement #8417 (CCS) with Kronos,
ATTENDANCE SYSTEM Inc. for software licensing and upgrade services and Third Modification
to Agreement 48434 (CCS) with Kronos, Inc., for software maintenance
and support services, was approved.
Recommended Action
Staff recommends that the City Council:
1) Authorize the City Manager to negotiate and execute a fourth
3 January 26, 2016
modification to agreement #8417 (CCS) in the amount of $85,179 with
Kronos, Inc., a Massachusetts-based company, for 200 additional''.
employee software licenses for Citywide use and upgrade services for
Kronos, the City's electronic timckeeping and attendance system used
by all departments and to implement an upgrade of Workforce TeleStaff
(TeleStaff), event -based employee scheduling software used by the Fire
Department. The term of the contract remains unchanged at 15 years,
ending June 30, 2020. The new amended total contract amount will not
to exceed $465,179, with future year funding contingent on Council
budget approval;
2) Authorize the City Manager to negotiate and execute a third
modification to agreement 48434 (CCS) in the amount of $74,000
(including a 10% contingency) with Kronos, Inc., for maintenance and
support services for Kronos and TeleStaff. The term of the contract
remains unchanged at 15 years, ending June 30, 2020. The new
amended total contract amount will not to exceed $1,202,653, with
future year funding contingent on Council budget approval.
AIRPORT PARK 3.11. Airport Park Expansion Award of Design Agreement, was
EXPANSION approved.
Recommended Action
Staff recommends that the City Council:
1. Award Request for Proposals (RFP) HSP2422 to Rios Clementi Hale
Studios (RCH), a California-based company, for the feasibility study
and design of the Airport Parc Expansion Project.
2. Authorize the City Manager to negotiate and execute a Feasibility
Study Agreement No. 10238 (CCS) with Rios Clementi Hale Studios
in an amount not to exceed $211,200 (includes a 10% contingency)
for the feasibility study portion of the Project,
3. Authorize the Director of Public Works to issue any necessary
modifications to complete additional work within budget authority.
WAXFINDING PROJECT 3.C. Professional Services Agreement Modification for Graphic
Design Services with Seibert Perkins Design for Wayfinding Project,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute Agreement No.
10239 (CCS) in the amount of $100,000 with Selbei:t Perkins Design,
a California-based company, for graphic design services for design of
Downtown Parking Wayfinding Signage and Citywide First Mile -
Last Mile Signage. This will result in a five year amended
contract/agreement with a new total amount not to exceed $179,900;
2. Authorize budget changes as outlined in the Financial Impact and
Budget Actions section of this report.
4 January 26, 2016
CLIMATE ACTION AND 3.D. Approve selection of DNV-GL and authorize the City Manager
ADAPTION PLAN to execute a contract not to exceed $226,578 (including contingency),
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #60 to DNV-GL, a Norwegian -based company with
offices in California, for the development of the Santa Monica
Climate Action and Adaptation Plan;
2. Authorize the City Manager to negotiate and execute professional
service Agreement No. 10240 (CCS) with DNV-GL, in an amount
not to exceed $226,578 (including a $20,598 contingency).
NATURAL GAS 3.E. Bid Award for One Compressed Natural. Gas Rear Load Refuse
VEHICLES Paclfer Vehicle, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44224 to Los Angeles Freightliner, a California-based
company for the purchase of one compressed natural gas rear load
refuse packer vehicle.
2. Authorize the Purchasing Services Manager to issue apurchase order
with Los Angeles Freightliner for one compressed natural gas rear
load refuse packer vehicle in an amount not to exceed $301,653.
CITY YARD CONCEPT 3.F. Modification to Agreement with Hathaway Dinwiddie
DESIGN Construction Company for the City Yards Stage 1, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to Professional Services Agreement No. 10145 (CCS) in
the amount of $115,000 with Hathaway Dinwiddie Construction
Company (HDCC), a California-based company, for additional scope
of work to complete the feasibility analysis and concept design phase.
This would result in a new total amount not to exceed $502,200.
2. Authorize the Director of Public Works to issue any necessary
modifications to complete the work within budget authority.
MEDICAL SERVICES 3.G. Medical Services for Arrestees, was approved.
FOR ARRESTEES
Recommended Action
Staff recommends that the City Council take the following actions:
1) Authorize the City Manager to negotiate and execute professional
service agreement No. 10241 (CCS), with Vital Medical Services,
LLC, a California-based company, for in- house medical service
provisions for arrestees. This is a contract in an amount not to exceed
5 January 26, 2016
$150,000 with future year funding contingent on Council budget
approval.
2) Authorize the City Manager to negotiate and execute professional
service agreement No. 10242 (CCS), with UCLA Santa Monica
Hospital and Palm Drive Medical Group, a California-based
company, to provide emergency room medical services to atTestees.
This is a contract in an amount not to exceed $50,000 with future year
funding contingent on Council budget approval.
HOUSING PROGRAMS 3.1=1. New and Amended Housing Programs: Housing Opportunity
Utilizing Subsidy Enhancements (HOUSE), Revisions to the Affordable
Housing Production Program Administrative Guidelines, and
Amendment to TORCA Homeownership Loan Terms, was withdrawn by
staff.
Recommended Action
Staff recommends that the City Council:
1. Approve the proposed HOUSE program parameters for incentives
outlined in Attachment A, regarding a pilot program intended to
maintain and increase opportunities for households with housing
vouchers;
2. Approve the revised Administrative Guidelines to the Affordable
Housing Production Program, as redlined in Attachment B; and
3. Authorize the City Manager to approve an amendment to the TORCA�
loan term of any remaining borrower, upon request and subject to an
evaluation regarding repayment feasibility and continued income_`
eligibility of the borrower, converting the existing 20 -year or 30 -year
term to a term requiring full repayment upon sale or transfer of the
condominium.
STATEMENT OF 3.1. Statement of Official Action denying appeal 15ENT-0321 and
OFFICIAL ACTION upholding the Joint Design Review Body's denial of Building Design,
Colors, Materials, and 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 withdrawn
by staff.
Recommended Action
Staff recommends that the City Council approve the attached Statement of
Official Action denying Appeal 15ENT-0321 and upholding the Joint
Design Review Body's denial of Building Design, Colors, Materials, and
Landscape Plans for 14ARB 173 for the construction of a new 271 -roam
hotel and 15,210 square feet of ground floor retail/restaurant space at 710
Wilshire Boulevard.
6 January 26, 2016
SUPPORT FOR PERMIT 3.1 Amendment to Professional Services Agreement to Provide
COMPLIANCE Support Services for MS4 Discharge Permit Compliance, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute to professional services agreement No. 10243 (CCS)
in the amount of $85,000 with California Watershed Engineering (CWE), a
California-based company, to continue providing support services for
compliance with the Municipal Separate Storm Sewer System (MS4)
discharge permit. This will result in a four-year amended agreement with a
new total amount not to exceed $150,000.
SOFTWARE 3.K. Software Maintenance and Support Services Contract Renewal
MAINTENANCE FOR for the Housing Authority, was approved.
HOUSING Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute contractual service Agreement No. 10244 (CCS) with
HAPPY Software Inc. (HAPPY), a New York -based company, for ongoing
software maintenance and support services of HAPPY's full suite of Housing
Pro 8 Software. The proposed amount for the three-year contract would not
exceed $60,000, with future -year funding contingent on Council budget
approval.
WATER FUNDING 3.L. Application for Funding for the Santa Monica Sustainable Water
PROGRAMS Infrastructure Project (SWIP), California Clean Water State Revolving
Fund and Proposition I Funding Programs, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt Resolution No. 10930 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
AUTHORIZE THE CITY MANAGER TO APPLY FOR
CALIFORNIA STATE WATER RESOURCES CONTROL
BOARD FUNDING AND TO NEGOTIATE A FUNDING
AGREEMENT," in the amount of approximately $57,050,000 from
the Clean Water State Revolving Fund and Proposition 1 Funding
Programs.
2. Authorize the City Manager to execute all necessary documents to
apply and negotiate for funding.
DOWNTOWN SPECIFIC 3.M. Amendment to Provide Additional Scope of Work for completing
PLAN the Downtown Specific Plan, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a fourth modification to professional services
agreement No. 9476 in the amount of $250,000 with Torti Gallas and
Partners, Inc. a Maryland based company, for additional scope of work
7 January 26, 2016
related to the Downtown Specific Plan. This will result in a 5 year amended
contract/agreement with a new total amount not to exceed $905,500.
CONFLICT OF 3.N. Resolution Repealing Number 10796 (CCS) and Amending the
INTEREST RESOLUTION City's Conflict of Interest Code to Revise the Designated Positions for
Which Statements of Economic Interest are Required to be Filed, was
adopted.
Recommended Action
Staff recommends that the City Council update the City's Conflict of Interest
Code by adopting proposed Resolution No. 10931 (CCS).
TRANSPORTATION 3.0. Award of Transportation Management Organization Consultant
MANAGEMENT Contract, was approved.
ORGANIZATION
Recommended Action
Staff recommends that the City Council:
1. Award RFP#51 to Steer Davies Gleave, a London-based company,
for the provision of professional services for the development and
activation of a Transportation Management Organization.
2. Authorize the City Manager to negotiate and execute Contract No.
10245 (CCS) with Steer Davies Gleave, in an amount not to exceed
$785,000 for three years, with two additional one-year renewal
options at $250,000 per year, on the same terms and conditions for a
total amount not to exceed $1,285,000 over a five year period, with
future year funding contingent on Council budget approval.
3. Authorize budget changes as outlined in the Financial Impact &
Budget Action section of this report.
ORDINANCES: 7.A. Second Reading And Adoption Of Ordinance No. 2509 (CCS)
MINIMUM WAGE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 4.62 TO THE. SANTA MONICA
MUNICIPAL CODE REQUIRING A MINIMUM WAGE FOR
EMPLOYEES, AND ADDING CHAPTER 4.63 TO THE SANTA
MONICA MUNICIPAL CODE REQUIRING A LIVING WAGE FOR
HOTEL WORKERS", was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis, seconded by Himmelrich, to adopt the
ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
9 January 26, 2016
AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, Mayor
Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSTAIN: Councilmember O'Connor
STAFF 8.A. Recommendation to Name Buffer Park, was presented.
ADMINISTRATIVE
ITEMS: Recommended Action
NAMING BUFFER PARD Staff recommends that the City Council consider recommendations from the
Recreation and Parks Commission for a permanent name for Buffer Park and
move forward with the name Gandara Park.
Members of the public Christal Anderson (time donated by Matthew Davis),
Miriam Adams (time donated by Hannah Adams), People of California, Jerry
Rubin, Art Casillas, and Phil Brock, commented on the recommended action.
Considerable discussion ensued on topics including, but not limited to, going
through the public hearing process when renaming Stewart Street Park,
including other possible featured areas of the Buffer Paik that could be
named with a second name.
Motion by Councilmember McKeown seconded b Councilmember
Himmelrich, to name Buffer Park Ishihara Park, and concurrently give
direction to staff to return with a Resolution renaming Stewart Park as
Gandara Park, and further schedule opening both parks on the same day.
Clarification was given that before returning to Council, staff direction
includes a full public hearing process with neighbors around both parks,
including returning to the Recreation and Parks Commission.
Councilmember McKeown, modified his nrotion to indicate the formal
naming of either park won't happen until the Resolution returns to Council.
The motion was considered friendly to the seconder.
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: Councilmember O'Connor
ABSENT: None
Councilmember O'Connor stated for the record that she voted. No because
she felt like Council was giving direction and it should be a much more open
process than what it seems to be.
REDEVELOPMENT On order of the Mayor, the City Council convened to a regular meeting of
SUCCESSOR MEETING the Redevelopment Successor Agency at 7:57 p.m., with all members
present.
9 January 26, 2016
REPORT ON MEETING Pursuant to State law, Acting City Clerk Denise Anderson -Warren
COMPENSATION announced that Council will receive no compensation for meeting as the
Redevelopment Successor Agency.
SUCCESSOR AGENCY S.B. Approval of minutes for the September S, 2015 Redevelopment
MINUTES Successor Agency meeting, were presented.
There were no members of the public present.
Motion by Agency Member O'Connor, seconded by Agency Member
McKeown, to approve minutes, as presented. The motion was approved by
the following vote:
AYES: Agency Members McKeown, Davis, HimmeIrich, O'Day,
O'Connor, Chair Pro Tem Winterer, Chair Vazquez
NOES: None
ABSENT: None
ADJOURNMENT OF On order of the Chair/Mayor, the regular meeting of the Redevelopment
SUCCESSOR AGENCY Successor Agency was adjourned at 7:57 p.m.
MEETING
SPECIAL JOINT On order of the Mayor, the City Council convened to a joint meeting with
MEETING the Housing Authority, and Redevelopment Successor Agency at 7:57 p.m.,
with all members present.
REPORT ON MEETING Pursuant to State law, Acting City Clerk Denise Anderson -Warren
COMPENSATION announced that Council will receive $50 for meeting as the Housing
Authority, and no compensation as the Redevelopment Successor Agency.
MIDYEAR BUDGET S.C. Financial Status Update and FY 2015-16 Midyear Budget,
Position and Compensation Changes, was presented.
Mayor Vazquez was excused Recommended Action
at 8:25 p. nT. Staff recommends that the City Council, Housing Authority, and Successor
Agency to the Santa Monica Redevelopment Agency:
1. Appropriate FY 2015-I6 midyear revenue and expenditure budget
adjustments and approve corresponding adjustments to the FY 2016-
17 budget plan as detailed in Attachment A.
Staff also recommends that the City Council:
1. Receive the FY 2015-16 through FY 2019-20 Financial Status
Update;
2. Adopt Resolution No. 10932 (CCS) entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICAi
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR ANIMAL CONTROL SUPERVISOR,
10 January 26, 2016
ASSISTANT CHIEF INFORMATION OFFICER, ASSISTANT
CITY MANAGER, DIRECTOR OF SPECIAL PROJECTS FOR
INFORMATION SERVICES, FORENSIC SUPERVISOR,
HUMAN SERVICES ADMINISTRATOR- YOUTH AND
FAMILIES, HVAC ASSISTANT, HVAC CREW LEADER,
HVAC TECHNICIAN, LEAD ANIMAL CONTROL OFFICER,
LEAD SYSTEMS ANALYST- PUBLIC SAFETY, MOBILITY
DIVISION MANAGER, POLICE CHIEF, PRINCIPAL TRAFFIC
ENGINEER, SENIOR ADVISOR- MUNICIPAL POLICIES,
PROCEDURES AND INNOVATION, SENIOR LIFEGUARD,
SWIM INSTRUCTOR/POOL LIFEGUARD, TRANSIT CHIEF
ADMINISTRATIVE OFFICER, TRANSIT COMMUNITY
ENGAGEMENT COORDINATOR, TRANSIT COMMUNITY
ENGAGEMENT OFFICER, TRANSIT PLANNING AND
COMMUNITY ENGAGEMENT MANAGER, AND TRANSIT
TECHNOLOGY ADMINISTRATOR"
3. Approve the position and classification changes detailed in
Attachment C;
4. Adopt Resolution No. 10933 (CCS) entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION
SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE
SANTA MONICA MUNICIPAL CODE, SETTING CIVIL
PENAL TIES FOR PARKING VIOLATIONS AND FOR THE
LATE PAYMENT OF PENAL TIES, SETTING FINES FOR
POLICE AND FIRE DEPARTMENT RESPONSES TO
EXCESSIVE FALSE FIRE ALARMS, AND SETTING FINES
FOR THE SANTA MONICA PUBLIC LIBRARY;
5. Approve the discontinuance of the $25 non-resident library card fee;
6. Authorize the City Manager to accept a grant awarded in the amount
of $1,613,000 from the California Department of Transportation
(Caltrans) Active Transportation Program for the Expo Station 41h
Street Linkages project, and to accept all grant renewals;
7. Authorize the City Manager to accept a grant awarded in the amount
of $987,000 from the California Department of Transportation
(Caltrans) Active Transportation Program for the Michigan Avenue
Greenway project, and to accept all grant renewals;
8. Provide direction on expansion of the City's aquatics program to
include programing at Lincoln Middle School; and
9. Receive public comment on federal Community Development
Block Grant (CDBG) and Home Investment Partnership Act
(HOME) Program funds.
Members of the public Jerry Rubin, Denise Barton, Carol Lehlein, People of
California, and Katherine Sheldon, commented on the recommended action.
11 January 26, 2016
Considerable discussion ensued on topics including, but not limited to,
adding a new kind of first responder for Housing concerns, as tenants are
threatened with eviction, and have no support, land banking, support
eliminating the Library fee,
Motion by Commissioner/Agency/Councilmember McKeown, seconded by
Commissioner/Agency/Councilmember Davis, to approve staff
recommendation, and add to the recommendation a direction to staff to
explore and propose specifics for a Housing Crisis First Responder Team.
Commissioner/Agency/Councilmember Davis proposed to set aside funds
available for possible land banking, which could advance our goal of
affordable housing, and providing diversity in housing in our community.
Motion by Commissioner/Agency/Councilmember McKeown, seconded by
Comm issi oner/Aenc /Councilmember Davis, to Appropriate FY 2015-16
midyear revenue and expenditure budget adjustments and approve
corresponding adjustments to the FY 2016-17 budget plan as detailed in
Attachment A. The motion was approved by the following vote:
AYES: Commissioner/Agency/Councilmembers O'Connor, O'Day,
Himmelrich, Davis, McKeown,
Vice Chair/Chair/Mayor Pro Tenn Winterer
NOES: None
ABSENT: Chair/Mayor Vazquez
Motion by Commissioner/Agency/Councilmember McKeown, seconded by
Commissioner•/Agency/Councilmember Davis, to receive the FY 2015-16
through FY 2019-20 Financial Status Update. The motion was unanimously
approved by voice vote, with Chair/Mayor Vazquez absent.
Motion by Commissioner/Agency/Councilmember McKeown, seconded by
Commissioner/Agency/Councilmember Davis, to adopt a resolution
establishing classification and salary rates for various positions detailed in
Attachment B, and approve the position and classification changes detailed
in Attachment C. The motion was approved by the following vote:
AYES: Commissioner/Agency/Counciln-embers McKeown, Davis,
Himmelrich, O'Day, O'Connor,
Vice Chair/Chair Pro Ter /Mayor Pro Tem Winterer
NOES: None
ABSENT: Chair/Mayor Vazquez
Motion by Commissioner/Agency/Councilmember McKeown, seconded by
Commissioner/Agenc ry/Councilmember Davis, to Adopt a resolution of the
City of Santa Monica setting forth the administrative citation schedule o
12 January 26, 2016
fines for certain violations of the Santa Monica Municipal Code, setting civil
penalties for parking violations and for the late payment of penalties, setting
fines for Police and Fire Department responses to excessive false fire alarms,
and setting fines for the Santa Monica Public Library detailed in Attachment
D; and approve the discontinuance of the $25 non-resident library card fee.
The motion was approved by the following vote:
AYES: Commissioner/Agency/Councilmembers O'Connor, O'Day,
Himmelrich, Davis, McKeown,
Vice Chair/Chair Pro Tem/Mayor Pro Tem Winterer
NOES: None
ABSENT: Chair/Mayor Vazquez
Motion by Commissioner/A enc /Councilmember McKeown seconded.by
Commissioner/Agency/Councilmember Davis to approve the remainder of
the recommended action, including authorizing the City Manager to
authorize two grant awards from CalTrans. The motion was approved by
the following vote:
AYES: Commissioner/Agency/Councilmembers Davis, Himmelrich,
O'Day, O'Connor, McKeown,
Vice Chair/Chair Pro Tem/Mayor Pro Tem Winterer
NOES: None
ABSENT: Chair/Mayor Vazquez
Direction was given to staff with consensus of the Council to proceed with
the Aquatics Program expansion for Lincoln Middle School, and submit the
Mt. Olivette project as a park through the Capital Improvement Process.
ADJOURNMENT OF On order of the Chair/Mayor, the joint meeting of the City Council, Housing
SPECIAL JOINT Authority and the Redevelopment Successor Agency was adjourned at 8:44
MEETING p.m., and the regular City Council was reconvened at 8:45 p.m., with Mayor
Vazquez absent.
FLOAT -UP FOR MOVIE 8.D. Discussion of Concept Pians and Conceptual Business Terms
THEATRE ON 4Tu associated with a Development Agreement (15ENT-0225) for the
STREET development of a new multi -screen movie theater and retail/restaurant
project located at 1318-1320 Fourth Street, was presented.
Recommended Action
Staff recommends that the City Council:
1. Discuss the applicant's Development Agreement Concept Plans and
direct staff to initiate the Development Agreement negotiation process;
2. Provide direction for negotiating potential community benefits,
parameters for site redevelopment, and design alternatives identified by
13 January 26, 2016
the Planning Commission and staff;
3. Review and comment on the conceptual business terms and direct staff
to initiate the negotiations on the Disposition and Developmcnt
Agreement and Ground Lease Agreement for the project.
Members of the public Jerry Rubin, Jennifer Suthard, Madeliene Gaidzik,
Andrew Lee, Natalya Zernitskaya, Jeramy Stutes, Carl Hansen, Emily
McCarron, Michael Mastroiann, Michael Toney, Kathleen Rawson (time
donated by Steven Welliver), and Nanci Linke Ellis spoke generally
favorable of the recommendation.
Members of the public Ellen Brem-ien, Mary Marlow, Andrew Hoyer, and
Scott Sconfeld spoke generally in opposition to the recommendation.
Questions asked of staff including, the benefit of having a movie theatre in
the downtown area as opposed to the theatre being located in the mall;
difference between seats and screens; why build such large theatres instead
of smaller intimate theatres that could produce 50% occupancy instead of
19%; cost to retrofit Parking structure 3, if the City decides not to go through
with this project; revenue difference between maintaining a parking structure
versus having a movie theatre; movie spending; and what would happen to
Parking Structure 1.
Considerable discussion ensued including, but not limited to, opposition to
the project for economic reasons, $ l OOK a year versus $1 million a year as
a parking structure, not a good use of public land; City not getting a
percentage of the retail is a problem, staff needs to renegotiate; no access to
the alleyway; risk involved in a 10 year lease not being long enough, the City
needs more assurances; will increase the foot traffic on 4'h Street; Parking
structure will cost $3 million to perform seismic retrofitting, if retained as a
parking structure; parking revenue will move to other parking structures, but
the city will not lose revenue; concern about what will happen to the
building, if the movie theatre goes away; movie theatres can be an economic
revitalization for an area; this project is in a wrong location; a parking
analysis needs to be completed; and, a thorough financial analysis needs to
be done, if this project moves forward.
Motion by Councilmember O'Day, seconded by Councilmember Davis, to
approve staff recommendation, and direct staff to seek protections against
the shutdown of a theatre, and to participate in the success of the retail space.
There also needs to be a viable solution for the alley issue.
14 January 26, 2016
Councilmember McKeown proposed a friendly amendment to ascertain that
the city receive a percentage of the retail, and needs a commitment for a
longer period of time. He proposed a 20 year operating agreement. The
motion was countered by the maker and seconder to a commitment of at least
15 years of the operating agreement, and some participation in the retail rent.
Motion by Councilmember O'Day, seconded by Councilmember Davis, to
direct staff to initiate the negotiations on the Disposition and Development
Agreement and Ground Lease Agreement for the project, with specific
direction to staff for a successful negotiation for a percentage of the retail
rents, and operating covenant for the theatre operation of at least 15 years,
and further exploration of the possibility of an alley connection.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Davis,
Mayor Pro Tem Winterer
NOES: Councilmembers Himmelrich, McKeown
ASSENT: Mayor Vazquez
Councilmember McKcown stated for the record that his No vote was not the
issue of money, but rather the equitable risk, and he didn't have the
information tonight to convince him to roll the community's dice.
D.A. COMPLIANCE S.E. Annual Development Agreement Compliance Review, was
REVIEW presented.
Recommended Action
Staff recommends that the City Council:
1) Review the status of Development Agreement compliance
2) Determine good faith compliance for those that are in compliance
Member of the public Mary Marlow commented on this item.
Questions were asked of staff regarding who decides the methodology to
make sure companies are in compliance, and what steps can be made towards
enforcement to get compliance; and, whose responsibility is it for affordable
housing compliance. Staff and the City Manager responded to Council.
Discussion ensued including, but not limited to, the affordable housing
component not included in this compliance report, better ways to improve
transparency in staff reports, the investment in Measure R was approved so
that a land use/transportation connection could be in order to reduce
greenhouse gases, and provide more options to get around the County.
Motion by Councilmember Himmelrich seconded by Councilmember
McKeown, to accept the Development Agreement Compliance Review for
15 January 26, 2016
those in good faith compliance, with the caveat on the affordable housing
projects, because there was no one from the Housing Department present,
follow-up is needed on any of the projects that contain an affordable housing
obligation. Give staff direction to return in two months on what the City is
proposing to be required of Agensys in order for the company to be in
compliance.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Himmelrich, O'Day, O'Connor,
McKeown, Mayor Pro Tem Winterer
NOES: None
ABSENT: Mayor Vazquez
BOARDS/COMMISSIONS: 13.A. Appointment to one annual vacancy on the Clean Beaches Ocean
CLEAN BEACHES Parcel Tax Citizens Oversight Committee for a term ending on
12/31./2017, was continued to the February 23, 2016 meeting.
COUNCILMEM13ER 13.B. Request of Mayor Vazquez, Mayor Pro Tem Winterer, and
DISCUSSION ITEMS: Councilmember McKeown that Council direct staff to explore an
DISCRETIONARY ordinance denying new discretionary permits or entitlements on
PERMITS properties where ongoing.violations of previous permits or conditions of
entitlement remain unresolved, was presented.
There were no members of the public present.
Motion by Councilmember McKeown seconded by Ma or Pro Tem
Winterer, to approve the recommendation. The motion was unanimously
approved by voice vote, with Mayor Vazquez absent.
STATUS OF WOMEN 13.C. Appointment to one unscheduled vacancy on the Commission on
the Status of Women for a term ending on 6/30/2016, was presented.
Member of the public Nancy Pierandozzi, commented on the appointment.
On order of the Mayor Pro Tern, the floor was opened for nominations.
Councilmember Himmelrich nominated Nancy Pierandozzi
Councilmember McKeown, nominated Barbi Appelquist
Nancy Pierandozzi was appointed by the following vote:
Appelquist: Councilmember McKeown
Pierandozzi: Councilmembers Davis, Himmelrich, O'Connor, O'Day,
Mayor Pro Tern Winterer
16 January 26, 2016
Councilmember McKeown changed his vote to Pierandozzi, thereby
appointing Nancy Pierandozzi by acclamation to the Commission on the
Status of Women, with Mayor Vazquez absent.
STATUS OF WOMEN 13.1). Appointment to one unscheduled vacancy on the Commission on
the Status of Women for a term ending on 6/30/2017, was presented.
There were no members of the public present.
On order of the Mayor Pro Tem, the floor was opened for nominations.
Councilmember McKeown nominated Barbi Appelquist.
Councilmember Himmelrich nominated Melissa Goodman.
Melissa Goodman was appointed by the following vote:
Appelquist: Councilmembers McKeown, Davis
Goodman: Councilmembers Himmelrich, O'Connor, O'Day,
Mayor Pro Tem Winterer
On the vote of Council, Melissa Goodman was appointed to the Commission
on the Status of Women, with Mayor Vazquez absent.
PUBLIC INPUT: Members of the public Bill Leahn, Denise Barton, People of California,
Michael Toney, Art Casillas, and Johnathan Foster commented on various
local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:18a.m.
ATTEST:
Denise Anderson -Warren
Acting City Clerk
,4 ROV
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17 January 26, 2016