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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