m20171212.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 12, 2017
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:33 p.m., on
Tuesday, December 12, 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 Pam O'Connor (arrived at 5.50 p. m)
Councilmember Terry O'Day (arrived at 5:50 p.m.)
Councilmember Tony Vazquez
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
Deputy City Clerk Esterlina Lugo
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all
members present except Councilmembers O'Connor and O'Day.
Councilmembers O'Connor Councilmember Himmelrich led the assemblage in the Pledge of
and O'Day arrived at 5:50 Allegiance.
p.m.
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 6:33 p.m., with all members present
except Councilmember Himmelrich, 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): Airbnb, Inc. and Homeaway.com,
Inc. v. City of Santa Monica, United States District Court,
Central District of California, Case Nos. 16-cv-6645-ODW-
AFM, 16-cv-6641-ODW-AFM
The City Attorney advised this matter was heard with no reportable action
taken.
December 12, 2017
1.11. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Code Section 54956.9(d)(1): Kate Scott and James Babinski v.
City Council of the City of Santa Monica, United States
District Court, Central District of California, Case No. 17-cv-
7329-PSG-FFM
The City Attorney advised this matter was heard with no reportable action
taken.
I.C. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Code Section 54956.9(d)(1): Barry Rosen v. United States of
America, United States District Court, Central District of
California, Case No. 17-cv-7727-PSG-JEM
The City Attorney advised this matter was heard with no reportable action
taken.
1.D. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Code Section 54956.9(d)(1): NBAA et al. v. Michael Huerta
and Federal Aviation Administration, United States Court of
Appeals, District of Columbia Circuit, Case No. 17-1054
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): Pico Neighborhood Association
and Maria Loya v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 616804
The City Attorney advised this matter was heard with no reportable action
taken.
REPORT ON COUNCIL Mayor Winterer announced that he traveled to Chicago, Illinois, along
TRAVEL with Mayors of fifty other cities from Mexico, the United States, and
Canada to sign the Chicago Climate Charter, which is an agreement that
all of the respective cities will do their utmost effort to attain the carbon
emission reduction standards outlined in the Paris accord of two years
ago. The Mayor reported that with efforts like this and ongoing efforts of
America's pledge by cities and states to keep to the terms of the Paris
Agreement, there is now half of the U.S. population and half of the U.S.
gross domestic product (GDP) signed on to meet those climate
2 December 12, 2017
greenhouse gas reduction goals.
MEETINGS At the request of the Mayor, and with consensus of the Council, the
Council Consent Calendar and the Council/Housing Authority Consent
Calendars were combined into a joint meeting at 6:35 p.m., with
Councilmember Himmelrich absent.
REPORT ON MEETING Pursuant to State law, Deputy City Clerk Esterlina Lugo announced that
COMPENSATION Council would receive compensation of $50 for meeting as the Housing
Authority.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by
a Councilmember for discussion.
Members of the public Zina Josephs, Denise Barton, and Kathy Coro
commented on various Consent Calendar items.
Commissioner/Councilmember O'Connor, seconded by
Councilmember Himmelrich Commissioner/Councilmember Vazquez, to approve all items on the
arrived at 6: 36 p.m. Consent Calendars as presented, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Commissioners/Councilmembers O'Connor, O'Day,
Himmelrich, Vazquez, McKeown,
Chair Pro Tem/Mayor Pro Tem Davis, Chair/Mayor Winterer
NOES: None
ABSENT: None
DEVELOPMENT IMPACT 3.A. Annual Reporting of Development Impact Fees, was approved.
FEES
Recommended Action
Staff recommends that the City Council review and accept the FY 2016-
2017 Annual Reporting of Development Impact Fees per the Mitigation
Fee Act (Government Code 66000-66025) and the FY 2016-17 Childcare
Linkage Fee Report per SMMC Section 9.65.
BEACH LIFEGUARD 3.11. Construction Contract for the Beach Lifeguard Headquarters
HEADQUARTERS Facility Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2506 to Global Power Group, Inc., a California-
based company, to provide construction services for the Beach
Lifeguard Headquarters Project located on City -owned property.
2. Authorize the City Manager to negotiate and execute Contract No.
3 December 12, 2017
10597 (CCS) with Global Power Group, Inc., in an amount not to
exceed $227,139 (including a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
TOURISM MARKETING 3.C. Santa Monica Tourism Marketing District Annual Report,
DISTRICT ANNUAL was approved.
REPORT
Recommended Action
Staff recommends that the City Council receive and approve the Santa
Monica Tourism Marketing District's Annual Report for 2017-18.
AFFORDABLE HOUSING 3.D. Funding for Affordable Housing In Venice, was approved.
Recommended Action
Staff recommends that the City Council:
1. Approve the one-time use of Federal Community Development
Block Grant funds not to exceed $500,000 to rehabilitate 14
affordable apartments, located at 102 Navy Street in Venice,
targeted to persons experiencing homelessness, including persons
from the Santa Monica Homeless Service Registry; and
2. Authorize the City Manager to negotiate and execute any
documents necessary to complete the transaction.
3. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report
SIDEWALK AND 3.E. Contract Approval for Design Services for Olympic Boulevard
PEDESTRIAN Sidewalk and Pedestrian Improvements, was approved.
IMPROVEMENTS
Recommended Action
Staff recommends that the City Council:
1. Award RFP #134 to KOA Corporation, a California based
company, to provide engineering and design services for the
Olympic Boulevard Improvements Project.
2. Authorize the City Manager to negotiate and execute professional
services Agreement No. 10598 (CCS) with KOA Corporation in
an amount not to exceed $200,000 (including a 15% contingency).
CREDIT CARD 3.F. Contract Modification for Parking Revenue and Access
PROCESSING Control Equipment System: Credit Card Processing Payment
Provider, was approved.
Recommendation
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Contract No. 10599 (CCS) in the amount of
4 December 12, 2017
$1,050,000 with Payment Express, a California based company for secure
credit card gateway processing services of Parking Access and Revenue
Control System (PARCS) credit card transactions. This recommended
modification is made as an exception to the competitive bidding process
pursuant to Section 2.24.080 (d). This will result in a 5 -year agreement
with two 1 -year renewals a new estimated amount of $1,070,000 with
future year funding contingent on Council budget approval.
POLARIS INTEGRATED 3.G. Second Modification to Software License Agreement for
LIBRARY SYSTEM Polaris Integrated Library System, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #9448 in an
amount not to exceed $549,000 with Innovative Interfaces, Inc., a
California-based company, for annual software maintenance and support
of the Polaris Integrated Library System. This would result in an eleven
year amended agreement with a new total contract amount not to exceed
$949,000, with future year funding contingent on Council budget
approval.
COMMUNITY GARDEN 3.11. Conversion of Community Garden License Agreement to
Permit System, was adopted.
Recommended Action
Staff recommends that City Council adopt attached Resolution No. 11093
(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING THE
CONVERSION OF THE COMMUNITY GARDEN LICENSE
PROGRAM TO A PERMIT SYSTEM; AUTHORIZING THE
DIRECTOR OF COMMUNITY AND CULTURAL SERVICES TO
ISSUE ANNUAL PERMITS FOR COMMUNITY GARDEN PLOTS;
AND AUTHORIZING THE DIRECTOR OF COMMUNITY AND
CULTURAL SERVICES TO AMEND AND PROMULGATE
COMMUNITY GARDEN RULES AND REGULATIONS AS WELL
AS A GOOD NEIGHBOR POLICY."
MINUTES 3.I. The minutes for the City Council - Special Meeting - Dec 5,
2017; were approved.
MINUTES 3.J. The minutes for the June 13, June 27 and October 24, 2017
Housing Authority meetings, were approved.
Recommended Action
Staff recommends that Housing Authority approve the minutes for the
June 13, June 27 and October 24, 2017 meetings.
5 December 12, 2017
HOUSING AUTHORITY 3.K. Housing Authority Proposed Revision to 2017 Administrative
ADMINISTRATIVE PLAN Plan, was approved.
Recommended Action
Staff recommends that the City Council approve the proposed revisions
reflected in the draft 2017 Housing Authority Administrative Plan
(Attachment A).
ADJOURNMENT OF On order of the Mayor, the joint meeting with the Housing Authority was
JOINT MEETING adjourned at 6:43 p.m., and the regular City Council meeting reconvened
with all members present.
ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2564 (CCS)
1430 LINCOLN entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT
BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATION, AND NMS 1430 LINCOLN, LLC," was presented.
Recommended Action
Staff recommends that City Council adopt an Ordinance approving
Development Agreement No. 10601 (CCS) between the City of Santa
Monica, a municipal corporation, and NMS 1430 Lincoln, LLC.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt Ordinance No. 2564 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day,
O'Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
13136 1h STREET 7.11. Second Reading and Adoption of Ordinance No. 2565 (CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT
BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATION, AND NMS1313 6th STREET, LLC," was presented.
Recommended Action
Staff recommends that City Council adopt an Ordinance approving
Development Agreement No. 10600 (CCS) between the City of Santa
Monica, a municipal corporation, and NMS 1313 6th Street, LLC.
6 December 12, 2017
Motion by Councilmember Vazquez, seconded by Councilmember
O'Day, to adopt Ordinance No. 2565 (CCS), reading ordinance by title
only and waiving further reading thereof.
The City Attorney read into the record the correction of typographical
errors in Section 2.8.1(b) of the development agreement, exhibit to the
ordinance. The words added to this section are "additional," "five,"
"four," and the numerical digits "5" and "4." The strikeouts from this
section are "three (3) one bedroom Off Site Affordable Units and,"
"eleven," "ten," and the numerical digits "11," and "10."
The corrected section is as follows: "(b) Alternatively, in the event
Developer elects to provide Off -Site AHPP Units in accordance with
Section 2.7.4(b), above, Developer shall ensure that additional three (3)
e been... nrr Site Affordable r nits an two (2) two-bedroom Off -Site
Affordable Units are available to and occupied by Senior Citizen Thirty
Percent Income Households at Affordable Rent, as specified in the 711
Colorado Deed Restriction; and a minimum of five eleven (544) studio
Off -Site Affordable Units and four ten (449) one -bedroom Off -Site
Affordable Units are affordable to Senior Citizen One Hundred Percent
Income Households at Affordable Rent ("Off -Site Community Benefit
Units"), as specified in the 711 Colorado Deed Restriction. The Off -Site
Community Benefit Units shall be included in the Off -Site Deed
Restriction attached hereto as Exhibit "H"."
Question by Councilmember Himmelrich if the correction was consistent
with what was agreed upon during the hearing where the applicant agreed
to add an additional unit. The City Attorney stated that it was consistent
with Council's intent with the additional unit. The applicant's attorney
confirmed that it is consistent with what was agreed upon.
Motion was amended by Councilmember Vazquez, seconded by
Councilmember O'Day, to adopt Ordinance No. 2565 (CCS) with
correction of the typographical errors read into the record by the City
Attorney under section 2.8.1(b) of the development agreement (exhibit 1),
and reading ordinance by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmehich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
MEDICINAL CANNABIS 7.C. Second Reading and Adoption of Interim Zoning Ordinance
RETAILER No. 2566 (CCS) entitled, "AN INTERIM ORDINANCE OF THE CITY
7 December 12, 2017
COUNCIL OF THE CITY OF SANTA MONICA EXTENDING
INTERIM ZONIG ORDINANCE NUMBER 2557 (CCS), WHICH
REPLACED THE TERM "MEDICAL MARIJUANA DISPENSARY"
WITH "MEDICINAL CANNABIS RETAILER: THROUGHOUT THE
CITY'S ZONIG ORDINANCE, CAHPTER 9.01 THROUGH CHAPTER
9.52 OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE;
CREATED A DEFINITION FOR MEDICINAL CANNABIS
RETAILER: TO REPLACE THE DEFINITION FOR "MEDICAL
MARIJUANA DISPENSARY: TO CONFORM WITH STATE LAW;
REMOVED CERTAIN REQUIREMENTS FOR MEDICINAL
CANNABIS RETAILERS FOR CONSISTENCY WITH STATE LAW
AND TO ALLOW FOR SEPARATE REGULATION AND
RULEMAKING; AND MODIFIED THE DEFINITION OF
:INDUSTRY, LIMITED: TO ALLOW FOR MEDICINAL CANNABIS
LIGHT MANUFACTURING," was presented.
Recommended Action
Staff recommends that City Council adopt the attached Interim Zoning
Ordinance extending Interim Zoning Ordinance Number 2557 (CCS),
which replaced the term "Medical Marijuana Dispensary" with
"Medicinal Cannabis Retailer" throughout the City's Zoning Ordinance,
Chapter 9.01 through Chapter 9.52 of Article 9 of the Santa Monica
Municipal Code; created a definition for "Medicinal Cannabis Retailer" to
replace the definition for "Medical Marijuana Dispensary" to conform
with state law; removed certain requirements for Medicinal Cannabis
Retailers for consistency with state law and to allow for separate
regulation and rulemaking; and modified the definition of "Industry,
Limited" to allow for medicinal cannabis light manufacturing.
Motion by Councilmember Vazquez, seconded by Councilmember
O'Dav, to adopt Ordinance No. 2566 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day,
O'Connor; Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ZONING 7.1). Second Reading and Adoption of Ordinance No. 2567 (CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADOPTING CHANGES, CORRECTIONS, AND
CLARIFICATIONS TO THE CITY'S ZONING ORDINANCE,
CHAPTERS 9.01 THROUGH CHAPTER 9.52 OF ARTICLE 9 OF THE
SANTA MONICA MUNICIPAL CODE," was presented.
8 December 12, 2017
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Pro Tem Davis, seconded by Councilmember
O'Connor, to adopt Ordinance No. 2567 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
COMMUNITY CHOICE 7.E. Second Reading and Adoption of Ordinance No. 2568 (CCS)
ENERGY entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA, CALIFORNIA, ESTABLISHING
COMMUNITY
CHOICE AGGREGATION THROUGH THE LOS ANGELES
COMMUNITY CHOICE ENERGY (LACCE) JOINT POWERS
AUTHORITY PURSUANT TO THE PUBLIC UTILITIES CODE," was
presented.
Recommended Action
Staff recommends that City Council adopt an Ordinance establishing
Community Choice aggregation through the Los Angeles Community
Choice Energy (LACCE) Joint Powers Authority pursuant to the public
utilities code.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt Ordinance No. 2568 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Vazquez, Himmehich, O'Day,
O'Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
STAFF ADMINISTRATIVE 8.A. Twilight Concert Series and Pier Corporation Budget, Work
ITEMS: Plan, and Bylaws, was presented.
TWILIGHT CONCERT
SERIES Recommended Action
Staff recommends that the City Council:
1. Provide direction regarding the Twilight Concert Series (TCS),
9 December 12, 2017
2. Approve the Santa Monica Pier Corporation FY 2017-18 Budget
and Work Plan, and
3. Approve modifications to the Santa Monica Pier Corporation
Bylaws.
Questions asked and answered of staff included: what was the reasoning
for starting concerts after Labor Day; how can attendance capacity be
reduced; using a no fee ticketing system; limiting advertising and
marketing to only local oriented media, and how is this accomplished;
setting up parking for the event at a satellite location and shuttling people
into the event; cost of replacing beach sand due to contamination; are
there level of resources that can make the current configuration on the
beach safe; is there a safe number of people on the beach; is the proposed
Fall format for the Twilight Concert Series a safer option; is the overtime
due to requiring public safety staff to work the Thursday night event
contributing to the cost; is the issue money, resources, or inability to
control the unpredictability of the event; screening what people bring;
setting a perimeter around the sand to create something more like a venue;
and, what do other beach cities do to control crowds at similar events on
the sand.
Members of the public Anastasia Foster, Shawn Barney, Maggie Freilich,
Jerry Rubin, Evan Spegal, Sean Butler, Krish Jayaran, Nathan Smithson,
Josh Cunningham, Scott Ferguson, Lori Watshun, Chris McPherson,
Kristian Byrne, Rochelle Wilson, Brian Auccin, Brittney Seeliger,
Magdalena Davis, Hunter Hall, Martin Fleischmann, Damon Berger, Art
Casillas, Brennen Lindner, Douglas Lawson, Chris Velasquez, Ann
Thanawalla, Harry Bone, Judy Abdo, Jessica Brown, Harvey Eder, Roger
Genser, John Smith, Lynda Dorf, Mitch Dorf, Rosalind Napoli, and Gray
Bright, spoke on the recommended action.
Motion by Councilmember Vazquez, seconded by Councilmember
Himmelrich, to have no more than six events starting after Labor Day
weekend.
Motion to amend by Councilmember O'Dav, to find external resources to
help create a plan that can maximize openness, safety, and create
infrastructure solutions that allows support for events in future years. The
motion was friendly to both the maker and the seconder.
Motion to amend by Councilmember McKeown, to maintain the Twilight
Concert Series as a culturally diverse event when seeking bands that do
not draw large crowds. The motion was friendly to both the maker and
the seconder.
10 December 12, 2017
Questions asked and answered of staff included: if it is practical to hand
this over to the Santa Monica Pier Corporation Board for this first year of
transition; what role will the city have in the process; and, whether public
safety staff wants to have a more active role in the planning of the events
to make sure the public safety aspects are covered.
Councilmember Vazquez amended his motion, to include giving staff the
authority to explore and negotiate the proposed options with the Santa
Monica Pier Corporation and Sponsors, to come up with a package that
will reduce the public safety threat to an acceptable level, and to have
staff provide council with an information item once the details are worked
out. However, if not worked out, include council to see if they are okay
with the options. The amendment was friendly to the seconder.
Motion to amend by Councilmember O'Connor, to keep flexibility on the
number of concerts to up to six. The motion was friendly to both the
maker and the seconder.
Motion to amend by Mayor Winterer, to allocate a maximum of $400,000
in general fund monies for the public safety that is provided for the
concerts and to cancel the concert series if it exceeds this amount and
reimagine the series again. The motion was friendly to both the maker
and the seconder.
Motion to amend by Councilmember O'Connor, to keep flexibility on the
time of the concerts to allow for daytime concerts as well as evening
concerts. The motion was friendly to both the maker and the seconder.
Council moved on to vote on staff recommendations two and three and
would then return to vote on the motion on the table regarding staff
recommendation one.
Motion by Councilmember Himmehich, seconded by Mayor Winterer, to
approve modifications to the Santa Monica Pier Corporation Bylaws as
proposed by staff. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
Motion by Councilmember Himmelrich, seconded by Councilmember
O'Connor, to approve the Santa Monica Pier Corporation FY 2017-18
Budget and Work Plan. The motion was approved by the following vote:
11 December 12, 2017
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day,
O'Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
Council returned to the motion on the table made by Councilmember
Vazquez. The City Manager restated the motion.
Motion by Councilmember Vazquez, seconded by Councilmember
Himmelrich, to provide staff direction to collaborate with Santa Monica
Pier Corporation to work on retaining the original spirit of the Twilight
Concert Series by limiting attendance to primarily the Pier Deck through
a re -imagined, cultural -oriented series of no more than six events starting
after Labor Day; to give City Staff authority to achieve these goals
through consideration of the options outlined in the Staff Report,
including: add a no -fee ticketing system to prevent overcrowding and
provide a more accurate count of expected attendees; remove all speakers
that project towards the beach; reduce the size and prominence of the
stage; relocate the stage so it is not visible from the beach; change the day
of the week the series is held; book performers whose draw aligns with a
small -sized venue; screen the Newcomb lot on the south side of the Pier
to remove views from the sand; limit advertising and marketing to locally
oriented media; to limit public safety costs to no more than $400,000 for
public safety for the 2018 events, with the authority to suspend the series
if this allocation is exhausted prior to the conclusion of the series of
events; and, to engage outside resources to develop an assessment,
drawing on other places that host larger scale beach events, including
exploring fixed infrastructure needed to provide security for larger scale
events. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
REORDER ITEMS The Mayor announced that Councilmember O'Connor would be leaving
the meeting early, and requested that Item 13.A. be moved up earlier in
the meeting. Council voted to re -order the agenda to listen to item 13.A.
before item 8.B.
Motion by Mayor Winterer, seconded by Councilmember O'Day, to re-
order the agenda to listen to item 13.A. before item 8.B. The motion was
approved unanimously by voice vote.
COUNCILMEMBER 13.A. Year -End Annual Appointments to the following Boards and
DISCUSSION ITEMS: Commissions, was presented.
12 December 12, 2017
ANNUAL APPOINTMENTS
Members of the public Zina Josephs and Kim Koury, spoke on the item.
Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee
On order of the Mayor, the floor was opened for nominations to two seats
for a term ending December 31, 2019.
Councilmember McKeown nominated Tom Ford and Mary Marlow.
There being no other nominations, Mr. Ford and Ms. Marlow were
reappointed unanimously by voice vote to the Clean Beaches & Ocean
Parcel Tax Citizens Oversight Committee for a term ending December 31,
2019.
Los Angeles County West Vector Control District
On order of the Mayor, the floor was opened for nominations to one seat
for a term ending December 31, 2019 or 2021.
Mayor Pro Tem Davis nominated Nancy Greenstein.
There being no other nominations, Ms. Greenstein was reappointed
unanimously by voice vote to the Los Angeles County West Vector
Control District for a term ending December 31, 2021.
Santa Monica Pier Corporation Board
On order of the Mayor, the floor was opened for nominations to four seats
for a term ending December 31, 2021.
Mayor Pro Tem Davis nominated Misti Kerns for reappointment.
There being no other nominations, Ms. Kerns was reappointed
unanimously by voice vote to the Santa Monica Pier Corporation Board
for a term ending December 31, 2021.
On order of the Mayor, Council decided to make appointments to the
remaining three seats by each naming their three nominations and
determining after which receive a majority.
Councilmember McKeown nominated Daniela Martin, David Newberg,
and Gray Bright for appointment.
Mayor Pro Tem Davis nominated Carter Rubin, Evan Meyer, and Michael
Dubin for appointment.
13
December 12, 2017
Councilmember O'Dav nominated Michael Dubin, Carter Rubin, and
Daniela Martin for appointment.
Councilmember O'Connor nominated Michael Dubin, Evan Meyer, and
Carter Rubin for appointment.
Councilmember Himmelrich nominated Gray Bright, Kira Navarre, and
Doug Knoll for appointment.
Councilmember Vazquez nominated Gray Bright, Kira Navarre, and
Carter Rubin for appointment.
Mayor Winterer nominated Gray Bright, Kira Navarre, and Doug Knoll
for appointment.
Mayor Winterer formally nominated Gray Bright. There being no other
nominations, Mr. Bright was appointed unanimously by voice vote to the
Santa Monica Pier Corporation Board for a term ending December 31,
2021.
Mayor Pro Tem Davis formally nominated Carter Rubin. There being no
other nominations, Mr. Rubin was appointed to the Santa Monica Pier
Corporation Board for a term ending December 31, 2021, by voice vote
with Councilmembers McKeown and Himmelrich voting no.
Councilmember McKeown nominated Daniela Martin.
Councilmember O'Connor nominated Evan Meyer.
Mayor Winterer nominated Doug Knoll.
Ms. Martin was appointed by the following vote to the Santa Monica Pier
Corporation Board for a term ending December 31, 2021.
Martin: Councilmember McKeown, Mayor Pro Tem Davis
Meyer: Councilmembers O'Connor, O'Day
Knoll: Councilmembers Himmelrich, Vazquez, Mayor Winterer
Councilmembers O'Connor, Vazquez, Himmelrich, and Mayor Winterer
changed their votes to Martin.
STAFF ADMINISTRATIVE 8.13. Contract Award for the Parks & Recreation Master Plan
ITEMS: Update and Status of Potential Parks Funding Measure, was presented
PARKS & RECREATION
MASTER PLAN4t-18 Recommended Action
Staff recommends that the City Council:
1. Award Request for Proposals (RFP) #130 to MIG Inc., a
14 December 12, 2017
California based company, for the development of Santa Monica's
Parks & Recreation Master Plan (PRMP) update;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10604 (CCS) with MIG Inc. in an amount not to exceed
$488,706, including 10% contingency over a two year period; and
3. Review results from polling completed in August 2017 for a
potential parks funding measure, and provide direction to staff to
focus on completing the PRMP update and pause on the potential
parks bond measure until the City is in a better position to move
forward.
Questions asked and answered of staff included what is a General
Obligation (GO) Bond; will the proposed master planning process include
small, non-traditional open spaces; with the expiring GO Bond, is there a
way to characterize it as renewal or continuation as opposed to saying it is
a new bond; in campaigning, can it be said that the taxes are not
increasing; is it impossible to successfully pass the bond measure based
on the poll results received; were there high results of people not in
support of the bond measure; do we have the option to refinance the GO
Bond; and, what is plan B if the bond measure doesn't pass in 2020.
Members of the public Jerry Rubin, Ann Thanawalla, John Smith,
Michael Brodsky, and Catherine Eldridge, spoke on the recommended
action.
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to award request for proposals #130 to MIG Inc. for the
development of Santa Monica's Parks and Recreation Master Plan
(PRMP). The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day,
O'Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to authorize the City Manager to negotiate and execute
Agreement No. 10604 (CCS) with MIG Inc., in an amount not to exceed
$488,706 over a two-year period. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
15 December 12, 2017
Motion by Mayor Pro Tem Davis, seconded by Councilmember
McKeown, to provide direction to staff to focus on completing the Parks
and Recreation Master Plan update, not move forward with the potential
parks bond measure in 2018 but instead wait until 2020 when the city is in
a better position to move forward, and in the interim do some education
and additional polling. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Himmelrich, O'Day, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmember Vazquez
ABSENT: None
MOUNTAIN VIEW B.C. Proposed Transfer of Mountain View Mobile Home Park, was
MOBILE HOME PARK presented.
Councilmember O'Connor was Recommended Action
excused at 10:57p, in. Staff recommends that the City Council:
1. Authorize the City Manager to execute disposition and loan
Agreement No. 10602 (CCS) with the Caritas Corporation, a
California-based, 501(c)(3) nonprofit corporation, to become
owner and operator of the City -owned Mountain View Mobile
Home Park, consistent with the terms provided in Attachment A;
and
2. Authorize the City Manager to execute easement Agreement No.
10603 (CCS) with the Caritas Corporation that allows Mountain
View Mobile Home Park to encroach upon Gandara Park for as
long as Mountain View Mobile Home Park remains subject to an
affordability covenant.
Questions asked and answered of staff included if the easement is to
enable the eight mobile homes to have full lots; how many homes are on
the encroached land; at 120 percent of area median income (AMI), what
is the rent charged per space; are most people renting the home and
leasing the land; how are the homes obtained if people want to purchase
them; will Caritas provide the coaches for purchase; what is the cost of a
new two bedroom coach; and, will accommodations be made for people
while their homes are being replaced.
Members of the public Denise Barton, Ann Thanawalla, and Ken Ward,
spoke generally in favor of the recommended action.
Motion by Councilmember Himmelrich, seconded by Mavor Pro Tem
Davis, to authorize the City Manager to execute disposition and loan
Agreement No. 10602 (CCS) with the Caritas Corporation, a California-
based, 501(e)(3) nonprofit corporation, to become owner and operator of
the City -owned Mountain View Mobile Home Park, consistent with the
16 December 12, 2017
terms provided in Attachment A. The motion was approved by the
following vote:
AYES: Councilmembers O'Day, Himmehich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
Motion by Councilmember Himmehich, seconded by Mayor Pro Tem
Davis, to authorize the City Manager to execute easement Agreement No.
10603 (CCS) with the Caritas Corporation that allows Mountain View
Mobile Home Park to encroach upon Gandara Park for as long as
Mountain View Mobile Home Park remains subject to an affordability
covenant. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmehich, O'Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
COUNCILMEMBER 13.B. Request of Mayor Winterer and Councilmember McKeown
DISCUSSION ITEMS: that Council direct staff to explore a possible 2018 ballot measure
BALLOT MEASURE that would protect against development exceeding the adopted
General Plan or Zoning Code limits on height or Floor Area Ratio, by
requiring super -majority Council approval, or by other means, and
return to Council with options, was presented.
Members of the public Jerry Rubin and Denise Barton, spoke on the
recommended action.
Motion by Councilmember McKeown, seconded by Mayor Winterer, to
direct staff to explore a possible 2018 ballot measure that would protect
against development exceeding the adopted General Plan or Zoning Code
limits on height or Floor Area Ratio, by requiring super -majority Council
approval, or by other means, and return to Council with options.
Motion to amend by Councilmember Vazquez to remove the option of
going to the ballot for land use issues. The motion was friendly to both
the maker and the seconder.
The motion, with the amendment was approved by a unanimous voice
vote, with Councilmember O'Connor absent.
PUBLIC INPUT: Members of the public Mark Lipman, Antonieta Villamil, Dave Hopkins,
Art Casillas, Harley Eder, Ann Thanawalla, Denise Barton, and Johnathan
Foster commented on various local issues.
17 December 12, 2017
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:51
p.m. in memory of Ed Lee, Mayor of San Francisco.
ATTEST: APPROVED:
e -i"4 - RO�/
Esterlina Lugo Ted Winterer
Deputy City Clerk Mayor
18 December 12, 2017