m20170307.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 7, 2017
A special meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:31 p.m., on
Tuesday, March 7, 2017, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Terry O'Day (arrived at 5:33 p. m.)
Councilmember Tony Vazquez
Absent: Councilmember Pam O'Connor
Also Present: City Manager Rick Cole
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present except Councilmembers O'Connor and O'Day.
Councilmember Vazquez led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
Councilmember O'Day closed sessions and returned at 6:50 p.m., with Councilmember O'Connor
arrived at 5:33 p.m. absent, to report the following:
LA. Conference with Real Property Negotiator:
Property: 3300 Airport Avenue
Negotiator: Stelios Makrides, Airport Director
Under Negotiation: Lease Terms
Owner of Record: John Clarizio
The Interim City Attorney advised 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): City of Santa Monica v. United States of
America, U. S. District Court Case Number CV 13-08046
I March 7, 2017
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.C. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): National Business Aviation Association v.
Huerta, United States Court of Appeals, District of Columbia Circuit,
Case Number 17-1054
The Interim City Attorney advised this matter was heard with no reportable
action taken.
REPORT ON COUNCIL There was nothing to report on Council travel.
TRAVEL
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
The City Clerk announced that there was a correction on Item 3-D, Page 10
of the Minutes. The minutes were amended to provide clarification for the
reason that Councilmember Himmelrich recused herself from the item. Her
husband is a partner for the law firm that is representing Airbnb.
Members of the public Margaret Bach, Carl Hansen, and Ken Kutcher
commented on various Consent Calendar items.
At the request of Mayor Winterer, Item 3-A was removed from the Consent
Calendar.
Motion by Councilmember O'Day, seconded by Councilmember
Himmelrich, to approve the Consent Calendar except for Item 3-A, reading
resolutions by title only and waiving further reading thereof, with the
amendment to Item 3-D. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
TRAFFIC SIGNALS 3.11. Request Emergency Authorization to Purchase and Install
Traffic Signal Replacements at the Intersections on Montana Avenue
and 4th, 7th, 11th, and 14th Streets and Upgrade those Signals to the
Current Standard Used Throughout Santa Monica, was approved.
Recommended Action
Staff recommends that the City Council:
March 7, 2017
1. Award Bid # SP9198 to Dynalectric Corporation, a California-
based company for the purchase and installation of traffic signal and
associated equipment;
2. Authorize the Purchasing Services Manager to issue a purchase
order with Dynalectric Corporation for the purchase and installation
of traffic signals and associated equipment for a total amount not to
exceed $1,165,000; and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section.
4. This recommended award is made as an exception to the standard
bidding procedure pursuant to Section 2.24.071(e) (3) which states
that by two-thirds affirmative vote of its membership, the City
Council may forego the bidding procedures otherwise required by
this Section if the City Council finds that due to urgent necessity,
the public health, welfare or safety would be jeopardized if the
bidding procedures of this Section were followed.
AIRPORT AVENUE 3.C. Reject All Proposals for the Engineering Design Services for the
PROJECT Airport Avenue Project, was approved.
Recommended Action
Staff recommends that the City Council reject all proposals for RFP
#SP2466, Engineering Design Services for the Airport Avenue Project.
MINUTES 3.1). Approval of Minutes for the City Council - Regular and Special
Joint Meeting - Jan 24, 2017, were approved as amended.
1248 5TH STREET 3.A. Request to Approve Plans to Restore and Rehabilitate the
Historic Interior Lobby of the Former United States Post Office
Building Located at 1248 5tn Street, in Accordance with a Preservation
Covenant Administered by the City Council, was approved.
Recommended Action
Staff recommends that City Council:
1) Approve the request to restore and rehabilitate the historic interior
lobby of the former Post Office building, located at 1248 5a' Street,
a designated City Landmark, as described in plans dated December
19, 2016; and
2) Designate the Landmarks Commission Secretary as its designee to
review and approve certain future interior modifications to the
historic lobby.
This item was pulled by Mayor Winterer for clarification.
3 March 7, 2017
Motion by Mayor Winterer, seconded by Councilmember Himmelrich, to
approve staff recommendation with a change to Section 2 that replaces the
Landmarks Commission Secretary with the phrase Landmarks Commission
Secretary in consultation with the subcommittee of the Landmarks
Commission as the designee to review and approve certain future interior
modifications to the historic lobby.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
STUDY SESSION: 4.A. Study Session on Cannabis Regulations, was presented.
CANNABIS
REGULATIONS Recommended Action
Staff recommends that the City Council:
1. Direct staff to draft an ordinance to create a regulatory permit and
selection process for medical cannabis dispensaries;
Councilmember O'Day 2. Direct staff to draft an ordinance prohibiting commercial cannabis
u,as excused at 8:08 p.m. related business activities; and
3. Direct staff to draft an ordinance to amend the Santa Monica
Municipal Code to address changes in State law related to cannabis
regulations.
Members of the public Robert Rosenheck (time donated by Alan Rader),
Cindy Capobianco, Ryan Bacchas, Matt Tucker, Courtney Freeman, Bill
Leahy, Denise Barton, Michael Toney, Bobbe Houston, Jerry Rubin,
Pamela Epstein, Jackie Subeck, Art Casillas, and Andrew Hoyer spoke on
the recommended action.
Questions asked and answered of staff included, but not limited to: what
cost can the City request for the permits, and what can be included in that
cost (Police, Code Enforcement, Staffing, etc.); is there any estimate of
possible fees, what does the prohibition refer to; clarification of the two
step process; zoning questions regarding recreational uses; prohibitions
regarding individual use and if smoking regulations would apply; rules and
restrictions for a regulatory permit; how many regulatory permits will be
issued; and, have bond requirements been considered.
Considerable discussion ensued on topics including, but not limited to, just
how long it has taken for marijuana to be legalized; recreational use, the
Council should wait for another year to see what the state does on this
matter; should not use the lottery system if there are more than one
qualified operators, but instead use other qualifiers to determine such as if
4 March 7, 2017
they are local, women or minority business owners; add as many ways to
qualify including bonding, background scanning to make sure that there are
no problems down the road; pharmaceutical marijuana should be the
priority, not recreational use; make sure there is adequate security for these
businesses, the startup should be slow and careful; and that manufacturing
should be explored, but separate of medical marijuana.
Motion by Mayor Pro Tem Davis, seconded by Councilmember Vazquez,
to adopt the staff recommendation.
Councilmember Vazquez, proposed a friendly amendment to give direction
to explore what would be involved in the manufacturing of medically
related products at one of the two designated dispensaries or in another
portion of the city where it may be more appropriate. The motion was
accepted as friendly by the maker of the motion.
Councilmember McKeown, proposed an amendment to remove the
addition of drafting an ordinance prohibiting commercial cannabis related
business activities, and instead leaving our Municipal Code the way it is
currently.
After clarification from the City Attorney, the maker suggested the
following language as an amendment:
That under Item 2, to direct staff to look and analyze the risk and
opportunities for local regulation of commercial cannabis related business
activities. The motion was considered friendly by the seconder.
The motion was approved, with amendments by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor, O'Day
ORDINANCES: 7.A. Introduction and First Reading of an Ordinance Amending
NOISE REGULATIONS Chapter 4.12 of the Santa Monica Municipal Code Regarding Noise
Regulations, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an
ordinance amending certain Sections 4.12.020 and 4.12.030 of the Santa
Monica Municipal Code to exempt activities undertaken on outdoor public
property in land use zones not exclusively designated as residential.
5 March 7, 2017
Members of the public Denise Barton, Victoria Best, Gabriella Rosco, Max
Diamond, Salma Morales, Hunter Hall, Carl Hansen, Mike Gruning, Jerry
Rubin, and Michael Toney spoke on the recommended action.
Motion by Councihnember McKeown, seconded by Councilmember
Himmelrich, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof.
Mayor Pro Tem Davis, proposed a friendly amendment to have staff come
back in 6 months with an Information Item to report if there are any
concerns raised. The motion was considered friendly by the maker and
seconder.
Councilmember Himmelrich, made a friendly amendment suggesting text
changes in the Ordinance. In Clause 5 (D) and (E), eliminating the word
"does" at the beginning of the subsections, and changing the word abut to
abutting, and changing violate to violating. The motion was considered
friendly by the maker and seconder.
The motion was approved, with amendments by the following vote:
AYES: Councilmembers Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor, O'Day
PROPERTY 7.11. Property Maintenance Ordinance Amendments, was presented.
MAINTENANCE
Recommended Action
Staff recommends that the City Council introduce and approve on first
reading the Property Maintenance Ordinance amending Chapter 8.96 of the
Santa Monica Municipal Code to include additional requirements.
Members of the public Denise Barton and Andrew Hoyer spoke on the
recommended action.
Questions asked and answered of staff included clarification on the one nail
rule and what is considered substantive; how are enforcement actions taken,
what is the priority and follow-up once a complaint has been filed; how
long does the process take and what happens after that time period expires;
clarification on the statute and when does the 6 month time limit begin;
and, how are properties identified.
6 March 7, 2017
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown , to introduce and hold first reading of the ordinance reading by
title only and waiving farther reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor, O'Day
STAFF 8.A. Annual Development Agreement Compliance Review, was
ADMINISTRATIVE presented.
ITEMS:
DEVELOPMENT Recommended Action
AGREEMENT Staff recommends that the City Council:
COMPLIANCE REVIEW 1) Review the status of Development Agreement compliance;
2) Determine good faith compliance for those that are in compliance
and listed as such in Table 1; and
3) Determine that good faith compliance has not been achieved for the
Agensys Development Agreement.
Members of the public Denise Barton and Gary Welch, spoke generally in
favor of the recommended action.
Questions asked and answered of staff included: procedures for compliance
review, and enforcement; affordable housing components, who looks at the
conformance with the Development Agreements; are there any incentives
being offered to Agensys to encourage them to use the Metro; what
percentage of their employees have given up their parking spaces; how
many more people do they need to meet their daily average ridership; on
Dorchester, there is one unit that is not in compliance, why is that; and, did
state law require monitoring on Affordable Housing or is there local
requirement;
Motion by Councilmember McKeown seconded by Councilmember
Vaz uez, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor, O'Day
7 March 7, 2017
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 9:51
p.m. in memory of Kelly Cano.
ATTEST:
Denise Anderson -Warren
City Clerk
APPROVED:
Laz
Ted Winterer
Mayor
March 7, 2017