m020916.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 9, 2016
A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:32 p.m., on
Tuesday, February 9, 2016, at City Council Chambers, 1685 Main Street.
Roll Call: Present:
Absent
Mayor Tony Vazquez
Mayor Pro Tem Ted Winterer
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Terry O'Day
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
members present excepting Councilmember O'Connor
Winterer led the assemblage in the Pledge of Allegiance.
5:32 p.m., with all
. Mayor Pro Tem
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:35 p.m., to consider
closed sessions and returned at 7:01 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): City of Santa Monica v. Bills, et al., Los Angeles Superior
Court Case Number SC 123 038
The City Attorney reported this matter was heard, with no reportable action
taken.
I.B. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Smith v. City of Santa Monica, et al, Los Angeles
Superior Court Case Number SC 117 725
February 9, 2016
The City Attorney reported that this was a motorcycle accident, and advised
Council to approve a settlement in the amount of $350,000.
Motion by Mayor Pro Tem Winterer, seconded by Councilmember Davis, to
approve Settlement No. 10251 (CCS), in the amount of $350,000. The
motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor
Pro Tent Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
I.C. Conference with Legal Counsel - Potential Litigation:
Consideration of whether to initiate litigation Pursuant to Government
Code Section 549569 (d)(4) - 1605 Ocean Front Walk
The City Attorney reported this matter was heard, with no reportable action
taken.
I.D. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant Government Code
Section 54956.9 (d)(2) - 1 case: 2800 Wilshire
The City Attorney reported this matter was heard, with no reportable action
taken.
I.E. Conference with Legal Counsel - Existing Litigation - Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Rush v. City of Santa Monica, United States District
Court Case # 2:15-CV01304-DSF-MANx
The City Attorney reported this matter was heard, with no reportable action
taken.
I.F. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) - 2600 Wilshire
The City Attorney reported this matter was heard, with no reportable action
taken.
I.G. Conference with Legal Counsel - Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) - 1 case
2 February 9, 2016
The City Attorney reported this matter was heard, with no reportable action
taken.
I.H. 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 reported this matter was heard, with no reportable action
taken.
SPECIAL AGENDA 2.A. City Manager's Update: Downtown Community Plan, was
ITEMS: presented.
CITY MANAGER'S
REPORT
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There was no one present for public comment on the Consent Calendar.
Motion by Councilmember Himmelrich seconded by Ma or Pro Tem
Winterer, 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 McKeown, Davis, Himmelrich, O'Day,
Mayor Pro Tern Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
SANTA MONICA 3.A. First Modification to Contract 93021 for Commercial Real Estate
AIRPORT LEASING Leasing Services for the Santa Monica Airport, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute professional
services Agreement No. 10248 (CCS) in the amount of $180,000
with Corporate Realty Group ("CRO"), a California-based
corporation, to provide additional commercial real estate leasing
services for the Santa Monica Airport. This will result in a one year
amended agreement expiring on June 30, 2016 in the amount of
$259,990 with two one-year options to renew in the amount of
$50,000 per year at the sole discretion of the City for a total amount
not to exceed $359,990 with future year funding contingent on
Council budget approval, was approved.
3 February 9, 2016
2. Authorize the City Manager to amend professional services
agreement No. 10248 (CCS) to include a provision for payment of a
one-time commission on month-to-month lease negotiation services
at a rate equal to one and one half month's rent.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
SOFTWARE 3.B. Software Subscription Agreement for an Electronic Patient Care
SUBSCRIPTION Records System and Fire Records Management System, was approved.
AGREEMENT
Recommended Action
Staff recommends that the City Council:
1. Award RFP#37 to ESO Solutions, Inc, a Texas -based company for
an Electronic Patient Care Record System and Fire Records
Management system;
2. Authorize the City Manager to negotiate and execute software
subscription Agreement No. 10249 (CCS) with ESO Solutions, Inc,
at a cost of $121,890, with two additional one-year renewal options,
for total amount not to exceed $223,404 (including 10% contingency)
over a five-year period, with future year funding contingent on
Council budget approval; and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
BERGAMOT ADVISORY 3.C. Bergamot Advisory Committee Extension of Service, was
COMMITTEE approved.
Recommended Action
Staff recommends that Council extend the term of the Bergamot Advisory
Committee until April 2016 in order to provide the committee with additional
time to complete their review and finalize their recommendations on the
conceptual project plan for the revitalization of the City -owned Bergamot
Station Arts Center property.
CALIFORNIA INCLINE 3.D. California Incline Pedestrian Overcrossing Funding
PEDESTRIAN Adjustment, was approved.
OVERCROSSING
Recommended Action
Staff recommends that the City Council:
1. Amend Action #2 of Item 3.1 on the November 10, 2015 agenda and
authorize the City Manager to negotiate and execute separate Contract No.
10250 (CCS) in lieu of a first modification to contract 410025 with MCM
Construction, Inc. in an amount not to exceed $1,900,000 for construction of
the California Incline Pedestrian Overcrossing. ,
4 February 9, 2016
MINUTES 3.E. Approval of Minutes for the City Council - Regular and Special
Joint Meeting - Jan 12, 2016, were approved.
ORDINANCES: 7.A. Introduction and first reading of an Ordinance of the City
SPEED LIMITS Council of the City of Santa Monica establishing speed limits pursuant
to an Engineering and Traffic Survey and the California Vehicle Code
and amending the Santa Monica Municipal Code, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the
attached ordinance to revise speed limits for certain City streets pursuant to
the California Vehicle Code and amending Santa Monica Municipal Code
{"SMMC") section 3.12.490.
Members of the public Zina Josephs, People of California, and Jonathan
Foster spoke on the recommended action.
Motion by Councilmember McKeown, _ seconded by Councilmember
Hi melrich, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof, and add direction to staff to
investigate the state criteria local streets, and pursue the re -categorization of
our residential streets as local, whenever possible.
Mayor Pro Tem Winterer proposed a friendly motion to include specific
direction that Traffic Engineering and the Police Department pay special
attention to Marine.
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
STAFF S.A. Civic Working Group Final Report and Next Steps for the Civic
ADMINISTRATIVE Auditorium, was presented.
ITEMS:
CIVIC AUDITORIUM Recommended Action
Staff recommends that the City Council:
1. Accept the Civic Working Group's report.
2. Consider the proposed `Guiding Principles' and `Priorities for Council
Consideration'.
3. Consider the proposed alternatives and direct staff to issue an RFQ for the
renovation and operation of the Civic Auditorium as a first step in
implementing the Civic Working Group's recommendations.
5 February 9, 2016
Questions of staff included: what specifically is being expected in the
Request ' for Proposals; does the proposal address the Civic Center as a
landmarked building; the types of programming planned for the Civic; and
public financing for the Civic Center project. Also asked, was it possible for
the Council to vote to amend the Civic Center Specific Plan at this meeting
to add or remove playing fields; and questions were asked about permitted
parks. Staff responded that this is an open process, and all options are being
considered for the Civic Center RFP, and the City Attorney responded that
amending the Civic Center Specific Plan is not being addressed at tonight's
meeting, because it was not scheduled on the agenda.
Motion by Mayor Pro Tem Winterer, to allow students to speak first. The
motion was approved by a consensus of the Council.
Members of the public Jerry Rubin, Jessica Brown, Lilly Ryft, Karolina
Newall, Sierra Lee, Dean Chien, Yahn Bruggeman, John Butchko, Collin
Ferrara, Griffin James, Holt Jones, Jordan Keen, Sofia Garcia -Georges,
Makensey Druckman, Michael Myers, Lori Whitesell, Joan Krenick, Ed
Hunsaker (time donated by Deborah Roetman, Miles Cotton, Soren
Thanawall, Riley Gerlach, Oscar Michalak, Ron Goldman, Beth Leader -
Pack, Kathryn Bode, Phil Brock, Leila Sedighan, Kayden Thomas, Connor
Scanell, Rose Grammatico, David Harris, Adam Harris, Samuel Benardo,
Todd Behrendt, Jennifer Brockett, Michael Ward, Sadye Sobell, Ramsey
Lambert, Ken Downing, Carol Lemlein, Neil Carney, Craig Foster, Maria
Leon -Vazquez, Michael Toney, Penn Jones, Randy Grupe, Des Buntig, Alex
Brough, Marcus Tappan, Maryanne Laguardia (time donated by Tricia
Crane), Lori Brown, Sharon Jimenez, Steve Weinberg, Ralph Mechup,
Yolanda Lewis, Roger Genser, Mario Fonda-Bonardi, Christopher Knauf,
Ann Hoover, Michael Feinstein, Bruce Cameron, Oscar de la Torre, and,
Jonathan Foster spoke generally in favor of the recommended action.
Members of the public Victor Komlos, Tracey Horn, Zina Josephs (time
donated by Dan Kolhoff), Lorraine Sanchez (time donated by Kyle Kolhoff),
Nikki Koloff (time donated by Kira Kolhoff), Lance Zuckerbraun, Jim
Pieknell, Frank Gruber, and Denise Barton spoke generally in opposition to
the recommended action.
Considerable discussion ensued on topics including, but not limited to:
the City Council has always been supportive of the school and athletic and
recreational facilities; because of need, there is a need for a multi -sport,
multi jurisdictional, multi -site plan for sports fields; connect Pico Avenue to
Main Street with pedestrian activity; opening the Civic for multiple uses,
specifically sports and convention uses; how the loss of Redevelopment
funds has impacted this project; physical changes of the Civic Center
structure should also be included; the community has said that they would
like to see this area as a cultural or arts facility, and not for a purely
6 February 9, 201 b
commercial use; while deciding what is going to happen to the Civic, a
temporary held installation, and what the costs would be, and engaging the
School district on this issue and other collaborations.
Motion by Councilmember Davis, to approve the recommendation to
approve the Request for Proposal, and give direction to staff to work with
other institutions in the community, specifically SMMUSD, Santa Monica
College, and anyone else that staff thinks could be a profitable participant.
Have them examine the possibility of building a temporary field, while
determination is being made about what is going to be done to the Civic
Auditorium, and figure out how the freeway is going to be covered at 4 I and
01' Street while Santa Monica High School figures out what they are going
to do on the East side of Ott' Street.
Councilmember Davis, withdrew her motion, and stated a new motion.
Motion by Councilmember Davis seconded by Councilmember McKeown,
to adopt the staff recommendation, Alternative 1.
Councilmember Himmelrich, proposed an amendment to the motion to
include adding to the RFQ/P that this is for the Civic Auditorium only, and
that whatever is submitted has to be consistent with the 2005 Civic Center
Specific Plan, which includes both an early child care center, a playing field,
and the Civic Auditorium. The amendment was accepted by the motion and
the seconder.
Council voted on the main motion to adopt staff recommendation,
Alternative 1, with an amendment to include the understanding that the 2005
Civic Center Specific Plan is in place, and that plan includes both the Early
Childhood Center, as is currently designed, and the Field as currently
represented in the 2005 Civic Center Specific Plan. 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
Motion by Councilmember Davis seconded by Councilmember O'Day, to
give staff direction to work with the school district, college, and other
institutions in the City, including the sports leagues, to explore the possibility
of placing a temporary field at the corner of 4"' and Pico. Specifically
working with partners such as the School District and College, and looking
to see what funds are available to build the fields. To work with those same
institutions over a longer term to think about field space throughout the City,
which would include the possibility of covering the freeway between 4"' and
7 February 9, 2016
6"', which would provide an opportunity for new fields to the school district,
but to also work with other institutions to examine other options to come up
with a comprehensive Playing field master plan.
Councilmember Himmelrich, proposed a friendly amendment that the
motion include expediting the temporary field, and to look into the fields
being flexible, and being available for multiple uses. The motion was
accepted as friendly by the maker and the seconder.
Councilmember McKeown, proposed a friendly amendment to include the
neighborhoods in the discussion include. The amendment was considered
friendly by the maker and seconder.
Mayor Pro Tem Winterer, proposed a friendly amendment to include the
direction that when the May budget sessions come up, city staff will be able
to provide cost estimates for a temporary field and everything that goes with
it, including other institutions. The motion was accepted as friendly by the
maker and seconder.
Councilmember McKeown, proposed that staff check with other
jurisdictions that have put in a temporary field and find out what it cost them.
Councilmember O'Day, suggested funding a design of the temporary field
in the next fiscal year, and construction in the following fiscal year, so that a
target for the temporary field could coincide with the expiration of the
parking lease at that parking lot.
The motion for direction to staff was unanimously approved by consensus of
the Council, with Councilmember O'Connor absent.
BIG BLUE BUS 8.B. Big Blue Bus Advertising Policy, was presented.
Councilmember O'Day was Recommended Action
excused at 11:26 pm Staff recommends that the City Council review options for the policy
governing advertisements displayed on the exterior of City buses and adopt
either the King County policy, which allows non-commercial advertising and
has been judicially approved, or reaffirm the City's existing policy, which
prohibits non-commercial advertisements and which also comports with
legal requirements.
Members of the public Jerry Rubin, Andrew Nazatir, Phil Curtis, David
Meroz (time donated by Isiah Ford), Ben Fordham (time donated by Jason
Qualls), Alan Bail (time donated by Valorie Smith), Craig Miller (time
donated by David Valle), Ron Turvosky (time donated by Gina Grinbow),
and Denise Barton spoke generally in favor of the recommended action.
February 9, 2016
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to adopt the staff recommendation.
Councilmember Winterer, made a friendly amendment to the motion to
prohibit advertisements for smoking. The motion was accepted as friendly
by the maker and seconder.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Himmelrich,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmembers O'Connor and O'Day
ANNUAL FINANCIAL 8.C. Presentation of the City's Comprehensive Annual Financial
REPORT Report, was presented.
Recommended Action
Staff recommends that the City Council receive and file the City's
Comprehensive Annual Financial Report, the independent auditors'
unmodified (clean) report for the City's financial statements, and the
attached Auditor's Letter to Council for the fiscal year ended June 30, 2015.
Member of the public Denise Barton spoke on this item.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Winterer, to adopt the staff recommendation. The motion was unanimously
approved by voice vote, with Councilmembers O'Connor and O'Day absent.
RESOLUTIONS: 11.A. Amendment to the Official Districting Map for 1419 19th Street,
1419 19`1 STREET was pulled from the agenda at the request of staff.
Recommended Action
Staff recommends that the City Council adopt a Resolution amending the
Official Districting Map for 1419 19"' Street changing the zoning from Low
Density Residential (R2) to General Commercial (GC).
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Santa Monica
DISCUSSION ITEMS: Travel and Tourism Board for a term ending on 0613012017, was
SANTA MONICA presented.
TRAVEL AND TOURISM
BOARD On order of the Mayor, the floor was opened for nominations.
_Mayor Pro Tem Winterer nominated Jeff Kiocke
Councilmember McKeown nominated Darlene Evans.
9 February 9, 2016
Councilmember Davis, nominated Cindy Pfeifer.
Darlene Evans was appointed by the following vote:
Evans: Councilmembers McKeown, Himmelrich, Mayor Vazquez
Klocke: Councilmember Winterer
Pfeifer: Councilmember Davis
Councilmember Davis and Mayor Pro Tem Winterer changed their votes to
Evans, thereby appointing Darlene Evans by acclamation to the Santa
Monica Travel and Tourism Board, with Councilmembers O'Connor and
O'Day absent.
COASTAL COMMISSION 13.8. Request of Mayor Pro Tem Winterer and Councilmember
EXECUTIVE DIRECTOR Himmelrich that the City Council support the continued work and
tenure of California Coastal Commission Executive Director Charles
Lester and direct staff to communicate this via a letter to Governor
Jerry Brown, was presented.
There were no members of the public present to comment on this item.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to approve the recommendation, and authorize Councilmember Himmelrich
to read the letter to the Coastal Commission on the Council's behalf. The
motion was approved by the following vote:
AYES: Councilmembers Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmembers O'Connor, O'Day
PUBLIC INPUT: Members of the public Denise Barton and Jonathan Foster commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:29
a.m.
ATTEST: AP ROVED:
Vr�
Denise Anderson -Warren Tony azquez
Acting City Clerk Mayor
10 February 9, 2016