m20171010.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 10, 2017
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:33 pm, on
Tuesday, October 10, 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
Councilmember Tony Vazquez
Absent: Councilmember Pam O'Connor
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all
members present except Councilmember O'Connor. Assistant City
Manager Katie Lichtig led the assemblage in the Pledge of Allegiance.
EMERGENCY ITEM The City Attorney advised Council to consider adding an additional item to
Closed Session titled Kate Scott and James Bibinski vs. City Council for
the City of Santa Monica, U.S. District Court Case No. 177329, where the
Judge has issued multiple orders in the last 72 hours, including one today,
and requested that this item be added to the agenda, which would require a
two-thirds vote.
Councilmember McKeown stated for the record clarification that this
matter came up too late to be placed on the agenda in the usual timeframe,
and therefore under State law, Council can take a vote to add this to the
agenda.
Motion by Councilmember McKeown seconded by Mayor Pro Tem Davis,
to add Kate Scott and James Bibinski vs. City Council for the City of Santa
Monica to Closed Session items.
The motion was approved by the following vote:
October 10, 2017
AYES: Councilmembers O'Day, Himinchich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
CLOSED SESSIONS There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 6:50 p.m., with Councilmember O'Connor
absent, to report the following:
I.A. Conference with Labor Negotiator -City Negotiator: Donna C.
Peter, Director of Human Resources -Bargaining Unit: SMART -TD
The 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): Young v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 616 060
The City Attorney advised Ms. Young filed civil litigation after she fell on
the sidewalk in front of 716 25th Street. She sustained injuries that she has
stated have impacted her ability to perform life activities. Following two
mediations, recommendation for a settlement in the amount of $350,000.
Motion by Councilmember McKeown seconded by Mayor Pro Tem Davis,
to approve Settlement Agreement No. 10564 (CCS), in the amount of
$350,000. 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
1.C. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Segal v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 599 607
The City Attorney advised Ms. Segal filed civil litigation after falling on
the sidewalk in front of 843 4th Street and sustaining injuries that she has
stated have impacted her ability to return to work. Following mediation,
recommendation for a settlement in the amount of $120,000.
2 October 10, 2017
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve Settlement Agreement No. 10565 (CCS), in the amount of
$120,000. 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
I.D. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Airbnb, Inc. and Homeaway.com, Inc. v. City of
Santa Monica, United States District Court, Central District of
California, Western Division, Case Numbers 2:16-cv-6645, 2:16-cv-
6641
The City Attorney advised 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): Atwood v. City of Santa Monica et al, United
States District Court, Central District of California, Western Division,
Case Numbers 2:16-cv-04114-PA-AGR
The City Attorney advised this matter was not heard.
I.F. 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 matter was heard with no reportable action
taken.
I.G. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Masterpiece Cakeshop, Ltd., et al., Petitioners v.
Colorado Civil Rights Commission, et al., U. S. Supreme Court No. 16-
111
The City Attorney advised 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
3 October 10, 2017
Section 54956.9(d)(1): Pico Neighborhood Association, Maria Loya and
Advocates for Malibu Public Schools v. City of Santa Monica, Los
Angeles Superior Court Case Number BC 616 $04
The City Attorney advised this matter was heard with no reportable action
taken.
I.I. Conference with Legal Counsel — Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4) —1 case
The City Attorney advised they are proposing that the City enter a
settlement agreement with HUB Parking related to a dispute arising out of
the City's Parking Access and Revenue Control System on the following
terms:
• HUB will remit payment in the amount of a $75,000 cash settlement;
• HUB will, at no cost to the City, remove existing parking PARCS and
work amicably with the City to ensure minimal disruption to City
parking services;
• Parties will release each other from all claims arising out of
performance under the disputed agreement.
The proposed agreement has a total estimated value to the City of
$572,000.
Motion by Councilmember Himmelrich, seconded by Councilmember
Vazquez, to approve Settlement Agreement No. 10566 (CCS), with HUB
Parking, in accordance to the agreed terms. 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
LJ Conference with Legal Counsel — Exisiting Litigation — Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1): Kate Scott and James Bibinski v. City Council of the
City of Santa Monica, U.S. District Court Case No. 177329.
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA 2.A. Proclamation declaring October Disability Employment
ITEMS: Awareness Month, was presented.
4 October 10, 2017
Member of the public Denise Barton commented on this item.
2.B. City Manager's Report: Building Disaster Resilience in Our
Workforce and Community - FY 17-19 Office of Emergency
Management disaster preparedness and resilience projects and
activities, was presented.
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.
Members of the public Macrina Garcia, Gloria Garcia, and Margarita
Reynosa commented on Consent Calendar items.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
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, Vazquez, Himmelrich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
WATER FEATURE 3.A. Contractual Services Agreement for Water Feature and Pond
SERVICES Maintenance Services and Repairs, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid 44276 to California Waters, LLC, a California-based
company, for water feature and pond maintenance services and
repairs for the Public Landscaping Division;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10558 (CCS) with California Waters, LLC in an amount not to
exceed $287,004 for one year, with four additional one-year
renewal options (including 4% increases for years 2 and 3, a 5%
increase for year 4, and a 6% increase for year 5), for a total amount
not to exceed $1,567,358 over a five-year period, with future year
funding contingent on Council budget approval.
3.
FARE RESTRUCTURE 3.11. Big Blue Bus Fare Restructure, was approved.
Recommended Action
5 October 10, 2017
Staff recommends that Council adopt the proposed fare adjustments as
follows: decrease the TAP stored value single ride fare from $1.25 to
$1.10, introduce a new $500 annual unlimited ride pass, and create new
standardized pricing for employer provided fare media (Blue to Business).
PALISADES PARK 3.C. Contractual Services Agreement for Palisades Park Palm Tree
Planting, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4264 to B & B Nurseries, Inc., DBA The Landscape
Center, a California-based company, to furnish and deliver labor
and materials for palm tree supply, planting and aftercare at
Palisades Park as required the by Public Landscape Division;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10559 (CCS) with B & B Nurseries, Inc., in an amount not to
exceed $243,427 (includes a 10% contingency) for one year.
AIRPORT ROOF 3.D. Construction Contract for Airport Roof Acrylic Application,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2515 to Best Contracting Services, Inc., a
California-based company, to provide roofing repairs to facilities
located at the Santa Monica Airport;
2. Authorize the City Manager to negotiate and execute Contract No.
10560 (CCS) with Best Contracting Services, Inc. in an amount
not to exceed $1,960,123 (including a 10% contingency) over a
90 -day period;
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
ANNENBERG 3.E. Grant from the Annenberg Foundation for the Annenberg
COMMUNITY BEACH Community Beach House, was approved and adopted.
HOUSE
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11079 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY COUNCIL OF
THE CITY OF SANTA MONICA TO ENTER INTO A GRANT
AGREEMENT WITH THE ANNENBERG FOUNDATION FOR
AWARD OF $100,000 TO SUPPORT THE ANNENBERG
COMMUNITY BEACH HOUSE".
6 October 10, 2017
2. Authorize the City Manager to execute all necessary documents to
accept the grant.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
BIG BLUE BUS 3.F. Approval of Big Blue Bus Fuel & Wash Upgrade Project Design
Modification 3, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a third modification to agreement 410019 (CCS) in
the amount of $73,420 (including a 10% contingency) with RNL Interplan,
Inc., a California-based company, for additional design services to replace
the methane gas -detection systems at two locations in the Big Blue Bus
Campus. This will result in an amended agreement with a new total amount
not to exceed $303,121, with future year funding contingent on Council
budget approval.
PRE-EMPLOYMENT 3.G. Expansion of the Pre -Employment Physical Program to Include
TESTING Functional Capacity Evaluation Testing, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #112 to Integrated Injury Management Services, Inc., a
California-based company, for functional evaluation testing services
for City employees; and
2. Authorize the City Manager to negotiate and execute Agreement
No. 10561 (CCS) with Integrated Injury Management Services, Inc.
for five years in an amount not to exceed $350,000, with future year
funding contingent on Council budget approval.
MEXICAN CONSULATE 3.H. Authorize the City Manager to negotiate and execute an
operating agreement with the Mexican Consulate Plaza Comunitares,
was approved.
TRAFFIC
Recommended Action
Staff recommends that the City Council authorizes the City Manager to
negotiate and execute Memorandum of Understanding No. 10562 (CCS)
with the Consulate General of Mexico in Los Angeles to establish terms
and conditions under which the City will collaborate with the Consulate
General of Mexico in Los Angeles, the Institute for Mexicans Abroad
(SRE) and the National Institute for Adult Education (INEA) on
establishing Plaza Comunitaria program at the Santa Monica Public
Library, Pico Branch.
3.I. Accept California Office of Traffic Safety Grant for the
7 October 10, 2017
ENFORCEMENT Selective Traffic Enforcement Program, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant award in the amount
of $300,000 from the California Office of Traffic Safety for the
Selective Traffic Enforcement Program.
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
ANIMAL SHELTER 3.J. Consideration of five persons nominated by City staff to serve
as the first nonprofit Board of Directors for the Friends of Santa
Monica Animal Shelter, was approved.
Recommended Action
Approve five persons nominated by City staff to serve as the first nonprofit
Board of Directors for the Friends of Santa Monica Animal Shelter to
initially serve two or three-year terms.
SERVICES CONTRACT 3.K. Second Modification to Cabling Design and Installation
Services Contract, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Contract No. 10563 (CCS) in the amount of
$175,000 with Intelinet, Inc., a California based company, for citywide
structured cabling design and installation services. This will result in a 5
year amended contract with a new total amount not to exceed $350,000,
with future year funding contingent on Council budget approval.
SOFTWARE LICENSES 3.L. First Modification to Microsoft Enterprise Agreement for
Software Licenses, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #9975 (CCS) in the
amount of $1,390,000 with Insight Public Sector, an Illinois -based
company for the purchase of Microsoft software licenses, software license
upgrades, and license tracking services. This will result in a five year
amended agreement with a new total amount not to exceed $3,402,250 with
future year funding contingent on Council budget approval.
POLICE DEPARTMENT 3.M. Donation of Two Horses Retiring from Police Department
Mounted Unit, was approved.
8 October 10, 2017
Recommended Action
Staff recommends that the City Council approve the donation of two horses
to Karen Schaffner, Teresa Foote, and Jodie Sailor as individuals. Through
this donation, the City would be retiring these two horses and providing
them with a good home whereupon the horses would receive proper care
and housing.
MINUTES 3.N. Minutes for the City Council - Regular and Special Joint
Meeting - Aug 8, 2017 5:30 PM, were approved.
MINUTES 3.0. Minutes for the City Council - Regular Meeting - Sep 12, 2017
5:30 PM, were approved.
ORDINANCES: 7.A. Introduction and First Reading of an Ordinance Amending
MEDICINAL CANNABIS Article VI of the Santa Monica Municipal Code Establishing a
Selection and Permitting Process for Medicinal Cannabis Retailers and
Medicinal Cannabis Light Manufacturing, while continuing to prohibit
commercial non -medicinal cannabis uses; Introduction and First
Reading of an Interim Zoning Ordinance malting necessary interim
changes to the Zoning Ordinance to authorize Medicinal Cannabis
Retailers and Medicinal Cannabis Light Manufacturing within certain
zoning districts; and Adoption of Fee Resolution No. 11080 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING PERMIT FEES FOR MEDICINAL
CANNABIS LIGHT MANUFACTURER AND MEDICINAL
CANNABIS RETAILER," was presented.
Recommended Action
Staff recommends that the City Council:
1) Introduce for first reading the attached ordinance (Attachment A)
amending the Santa Monica Municipal Code adding:
a. Chapter 6.200 Commercial Cannabis, in order to establish
general regulations and definitions for commercial cannabis
activities;
b. Chapter 6.201 Medicinal Cannabis Retailer, in order to
establish a regulatory permit for medicinal cannabis
retailing;
c. Chapter 6.202 Medicinal Cannabis Light Industry
Manufacturer, in order to establish a regulatory permit for
medicinal cannabis light manufacturing;
d. Chapter 6.210 Adult Use Cannabis, prohibiting commercial
adult cannabis non -medicinal use activities; and
2) Introduce for first reading the attached Interim Zoning Ordinance
(Attachment B) updating the definition of "Medical Marijuana
Dispensaries" to conform with state law and setting forth interim
development standards for light medicinal cannabis manufacturing;
9 October 10, 2017
and
3) Adopt the attached Resolution (Attachment C) establishing
Medicinal Cannabis Retail Permit fee; and
4) Direct staff to examine options for a ballot measure to create new
business license tax classifications and rates for cannabis related
businesses.
Members of the public Denise Barton, Sam Bowden, Courtney Freeman,
Christopher Castillo, Christopher Hope, Sean Donahue, Jerry Rubin, Jude
Belanger, Susan Marks, Shawn Azizzadeh, and Andrew Hoyer, spoke on
the recommended action.
Questions asked and answered of staff included: what is defined as volatile
substances; in the light manufacturing district, is the 600 feet restriction
required; are light manufacturers exempt from the sales tax or is it only the
medicinal retailors; with respect to the 600 foot zone, has there been any
mapping done to see if there is an area for a retail location; what happens if
a day care or school opens within the restricted area after; who will be the
members on the evaluation team; will Council be able to add a ballot
measure to increase taxes for cannabis businesses; pre-emptive state
regulations, does the city have the ability to create it's own laws in order to
keep this an adult facility; under what circumstances can taxes be charged
on medicinal marijuana; with two classes of users (those with a county card
vs. those who do not), how much of a burden is this going to be to the city
to keep track of who do and do not pay taxes; are there any restrictions to
keep patients from coming to a second floor location to buy cannabis; how
much cost recovery can the city do; can an objective criteria be included
with a residency requirement for the selection process; and, clarification on
AB133 state law.
Considerable discussion ensued on topics including, but not limited to,
putting off adult use marijuana sales until there has been a complete public
process to address this issue, and, for truly medicinal uses, people should
not be punished with extra taxation for those uses.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof. 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
10 October 10, 2017
COUNCILMEMBER
DISCUSSION ITEMS:
COMMISSION ON THE
STATUS OF WOMEN
PUBLIC INPUT:
Councilmember O'Day
was excused at 8:32 p.m.
Motion by Councilmember Vazquez seconded by Mayor Pro Tem Davis,
to introduce for first reading the attached Interim Zoning Ordinance
updating the definition of "Medical Marijuana Dispensaries" to conform
with state law and setting forth interim development standards for light
medicinal cannabis manufacturing. 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
Motion by Councilmember Himmelrich seconded by Councilmember
Vaz uez, to adopt Resolution No. 11080 (CCS) establishing Medicinal
Cannabis Retail Permit fee. 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
Motion by Councilmember McKeown seconded by Councilmember
Vazz uez, to direct staff to examine options for a ballot measure to create
new business license tax classifications and rates for cannabis related
businesses. The motion was unanimously approved by voice vote, with
Councilmember O'Connor absent.
13.A. Recommendation to accept Nicole Phillis' resignation from the
Commission on the Status of Women and authorize the City Clerk to
publish the vacancy, was presented.
There were no members of the public present for this item.
Motion by Mayor Pro Tem Davis seconded by Councilmember
Himmelrich, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with Councilmember
O'Connor absent.
Members of the public Brian Victor, Art Casillas, Denise Barton, Karen
Batel, and Andrew Hoyer commented on various local issues.
11
October 10, 2017
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:42
p.m.
ATTEST:
Denise Anderson -Warren
City Clerk
APPROVED:
Ted Winterer
Mayor
12 October 10, 2017