m20180123.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 23, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:31 p.m., on
Tuesday, January 23, 2018, 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 5:45 p.m.)
Councilmember Terry O'Day (arrived at 6:25 p.m.)
Councilmember Tony Vazquez
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 5:31 p.m., with all
members present except Councilmembers O'Day and
O'Connor. Councilmember McKeown led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
Councilmember O'Connor
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
arrived at 5: 45 p.m.
closed sessions and returned at 6:34 p.m., with all members present, to
report the following:
Councilmember O'Day
arrived at 6:25 p.m.
I.A. Conference with Real Property Negotiator
Property: 808 26th Street
City Negotiator: Andy Agle, Dir., Housing & Economic
Dev.
Under Negotiation: Price and Terms
Owner of Record: City of Santa Monica
The City Attorney advised this matter was heard with no reportable action
taken.
January 23, 2018
LB. Conference with Real Property Negotiator
Property: 2701 Barnard Way
City Negotiator: Andy Agle, Dir., Housing & Economic Dev
Under Negotiation: Terms of Access
Owner of Record: City of Santa Monica
The City Attorney advised this matter was heard with no reportable action
taken.
I.C. Conference with Legal Counsel — Anticipated Litigation —
Request to enter into a lawsuit as an amicus curiae, pursuant to §
54956.9: City of Los Angeles v. Sessions, U.S. District Court, Central
District of California, Case No. 17-cv-7215
City Attorney reported that this is a request to enter an amicus curiae in the
City of Los Angeles versus Sessions and U.S. District Court. The City of
Los Angeles has filed a lawsuit against Jefferson Sessions in his capacity as
the Attorney General. The lawsuit relates to the community -oriented
Policing services grant program, and alleges that the Attorney General is
violating the separation of powers by attempting to change the terms of the
program to use it as a vehicle to require state and local governments to
participate in the enforcement of Federal, civil immigration policies. The
County of Los Angeles has asked the City of Santa Monica to join an
amicus brief supporting the City of Los Angeles' position.
Motion by Councilmember McKeown seconded by Mayor Pro Tem Davis,
to approve the city joining the amicus brief with the City of Los Angeles.
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
I.D. 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.
LE. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Cardier v. City of Santa Monica, Los Angeles
2 January 23, 2018
Section 54956.9(d)(1): Cardier v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 578779
The City Attorney advised this matter was heard with no reportable action
taken.
REPORT ON COUNCIL Councilmember O'Connor reported that she traveled to Monterey, CA to
TRAVEL attend the California Transit Association Board meeting. She is a member
of the board, representing the Big Blue Bus. The board met to discuss
policy and strategy for this coming year in terms of following Federal and
State legislation, as to how it affects transit and transportation funding.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Ann Thanawalla (time donated by Myla Resor),
Nikki Kolhoff, and Ann Bowman commented on various Consent Calendar
items.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown 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,
O'Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
MINUTES 3.A. Approval of Minutes for the City Council - Regular Meeting -
Nov 14, 2017, were approved with revisions renumbering Closed Session
items correctly.
MINUTES 3.13. Approval of Minutes for the City Council - Regular and Special
Joint Meeting - Dec 12, 2017, were approved.
WATER 3.C. Award Construction Contracts for Water Infrastructure
INFRASTRUCTURE Improvement Project, were approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2429 to Sully -Miller Contracting Company, a
California-based company, for construction services for the Water
Infrastructure Reliability Improvement Project, an Environmental
Protection Agency (EPA) grant -funded project (Grant No. XP-
OOT79601 and XP -96945401);
January 23, 2018
2. Authorize the City Manager to negotiate and execute Contract No.
10608 (CCS) with Sully -Miller Contracting Company in an
amount not to exceed $2,785,300 (including a 15% contingency);
3. Award RFP 42429 to Wildan Engineering, a California-based
company, for construction management and inspection services;
4. Authorize the City Manager to negotiate and execute Agreement
No. 10609 (CCS) with Wildan Engineering in an amount not to
exceed $219,791 (including a 10% contingency);
5. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
AIRPORT REAL ESTATE 3.D. Approval of Fourth Modification to Agreement with Aeroplex
MANAGEMENT Group Partners, LLC. for Santa Monica Airport Commercial Real
Estate Management, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a fourth modification to Professional
Services Agreement No. 10262 (CCS) in the amount of $50,325 with
Aeroplex Group Partners, LLC ("Aeroplex"), a California-based
corporation. The modification will eliminate provisions for Aeroplex to
provide minor repairs and maintenance of City -owned properties (reducing
the contract by $180,675) and add services for additional commercial
leasing, property management and consulting services for the Santa Monica
Airport (increasing the contract by $231,000, including a 10%
contingency). This will result in a three-year amended agreement, expiring
on June 30, 2018, for a new total amount not to exceed $1,328,340.
RUNWAY PAVEMENT 3.E. Award Contract for Engineering Design Service for Runway
REMOVAL AND Pavement Removal and Repurposing, was approved.
REPURPOSING
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 2533 to AECOM, a California-based company, to
provide engineering design services for excess runway, taxiway and
infield pavement removal and repurposing at Santa Monica Airport
(SMO);
2. Authorize the City Manager to negotiate and execute Agreement
No. 10610 (CCS) with AECOM, in an amount not to exceed
$267,575 (including a $24,325 contingency), with an allowance of
$25,811 for optional Airport Geographic Information System
(AGIS) work, for a total amount not to exceed $293,386 over a one-
year period.
3. Authorize the budget changes as outlined in the Financial Impacts
& Budget Actions section of this report.
4 January 23, 2019
CIVIC CENTER 3.F. Agreement Modification No. 2 to Provide Schematic and
MULTIPURPOSE Construction Documents, Bidding and Construction Administration
SPORTS FIELD Services for the Civic Center Multipurpose Sports Field Project, ww
approved.
Recommended Action
1. Staff recommends that the City Council authorize the City Manager
to negotiate and execute a second modification to agreement
#10553 (CCS) in the amount of $364,859 (including a 10%
contingency) with RJM Design Group, Inc., a California-based
company, for the preparation of construction documents, bidding
and negotiation, and construction administration services required
to complete the design for the Civic Center Multipurpose Sports
Field Project. This would result in an amended agreement with a
new total amount not to exceed $534,997.
2. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
SANTA MONICA PUBLIC 3.G. Recommendation to Remove Santa Monica Public Library
LIBRARY Fines for Youth (0-18 years), was approved.
Recommended Action
Staff recommends that City Council approve the proposed change in
Library policy to remove fines for youth (ages 0 to 18) and eliminate
outstanding fines previously accrued for these cardholders estimated to be
$50,300 (inclusive of current Library records). The removal of fines will
ensure access to the wealth of information, learning and cultural
exploration available to them at Santa Monica Public Library with a
Library card, further supporting literacy and success in school from an
early age.
MEMORIAL PARK 3.11. Award of Design Agreement for the Memorial Park Feasibility
Study and Master Plan, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP 4SP2509 to AHBE Landscape Architects, a California-
based company, for the feasibility study and master plan design of
the Memorial Park Redevelopment and Expansion Project; and
2. Authorize the City Manager to negotiate and execute Agreement No
10611 (CCS) with AHBE Landscape Architects, in an amount not
to exceed $326,706 (including a 10% contingency).
January 23, 2018
PEDESTRIAN AND 3.I. Contract Approval for Design Services for Stewart Street and
BICYCLE Pennsylvania Avenue Pedestrian and Bicycle Improvements, was
IMPROVEMENTS approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #133 to KOA Corporation, a California based
company, to provide engineering and design services for the
Stewart Street and Pennsylvania Avenue Improvements Project.
2. Authorize the City Manager to negotiate and execute professional
services Agreement No. 10612 (CCS) with KOA Corporation in an
amount not to exceed $315,000 (including a 15% contingency) for
an initial two-year term and a one-year renewal option.
WATER AND 3.J'. Approval of Agreement for Water and Wastewater Consulting
WASTEWATER Services for SCADA Systems Integration and Support, was approved.
CONSULTING SERVICES
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 125 to Vertech Industrial Systems, LLC, a California-
based company for professional services to conduct a
comprehensive survey of the City's Supervisory Control and Data
Acquisition (SCADA) system for water and wastewater facilities,
development of a SCADA Master Plan, development and
implementation of SCADA Standards,and consulting services on
future water and wastewater related capital improvement projects.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10613 (CCS) with Vertech Industrial Systems, LLC, in an
amount not to exceed $560,750 (including $50,977 in contingency)
over a five-year period with future year funding contingent on
Council budget approval.
PERFORMANCE 3.K. Modification to Software License Agreement for Performance
PORTAL Portal, was approved.
Recommended Action
Staff recommends that Council:
Amend the existing contract (# 10452) between the City and
Socrata, Inc. (#360108);
Authorize the City Manager to negotiate and execute a contract
amendment with Socrata, Inc. in an amount not to exceed $56,000;
and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
January 23, 2018
ADMIN. PROCEEDINGS: 6.A. Appeal 17ENT-0186 of the Planning Commission's approval of
2953 DELAWARE Conditional Use Permit 17ENT-0075, Variance 17ENT-0147, and
AVENUE Fence/Wall Modification 17ENT-0148 permitting the establishment of
a Child Care and Early Education Facility for up to 20 children at
2953 Delaware Avenue, was presented.
Recommended Action
Staff recommends that the City Council deny the appeal and uphold the
Planning Commission's approval by taking the following actions:
1. Approve Conditional Use Permit 17ENT-0075
2. Approve Variance 17ENT-0147
3. Approve Fence Modification 17ENT-0148
4. Adopt the Statement of Official Action, pursuant to the draft
findings and conditions.
Ex -Parte Communication
Councilmember Himmelrich reported that she met with the appellant a
month ago concerning their argument. Since then, she spoke with the
applicant's attorney about her objections to the project. She spoke with
various members of the community, and read emails sent to Council.
Councilmember Vazquez reported that he met and spoke with both parties
and toured the site. He had conversations with the residents on Delaware,
and conversations at different events.
Councilmember McKeown reported that he was contacted by a former
Santa Monica resident, also contacted by both applicant and appellant, and
heard from the appellant directly, in person at a public meeting of the
Neighborhood Council, but did not meet with them privately. He read and
received all of the emails that were sent to Council; had a lengthy
discussion with Zina Josephs from Neighbors of Sunset Park about the
process for a possible delay back in December, and in-person handlebar
examination of the neighborhood.
Mayor Pro Tem Davis reported that she met with members of the
neighborhood, did not meet with the applicant or anyone representing the
appellant, and she walked and drove through the neighborhood at various
times.
Councilmember O'Day reported that he met with two representative of the
appellants, and spoke with the applicant's attorney Mr. Kutcher, drove past
the property, ran into one of the board members for the applicant at Rite
Aid over the weekend.
January 23, 2018
Councilmember O'Connor reported that she did not meet with anyone
about it, but had driven through the neighborhood.
Mayor Winterer reported that he met on November 30th at 11 am with
appellants' husband and some of their neighbors at the appellant's home,
listened to their concerns, and walked the project site and the
neighborhood. On January 18" at 11 am, he had a phone call with the
applicant's attorney, he raised some concerns about the indemnity bond as
a hardship, and the Mayor asked about possible conditions to limit weekday
and evening events with parents, after the normal school operation hours.
On January 19th, he received email from the applicant forwarding four
letters of support, and received all of the correspondence received as part of
the public record.
Members of the public Jennifer Polhemus, Cris McLeud, Ann Thanawalla,
Nikki Kolhoff, Lisa Medina, Michael Jimenez, Kevin Pontier, Sarah Devin
(time donated by Jennifer Kim), Christine Parra (time donated by Elizabeth
Lerer), Jose Parra, Shiri U Abdoh-Smith, Jennifer Shubert, Olga Cueva,
Rodrigo Luis, Louise Mainville, Robert Sturman, Nathan Gary, Brian
O'Neil (time donated by r. Hartmann), Marco Marin (time donated by Sue
Kazwko Takahashi), Ellen Hannan, Elizabeth Van Denburgh, Stuart
Holmes, Wendy Kobayashi -Lovely, Zina Josephs, Leiman Chan (time
donated by Sharon Dobeck), Denise Barton, Art Casillas, Ahmad Sadeghi,
Ann Hoover, Dr. Berenice Onofre-Vazquez, Stacy Dalgleish, Ellen
Brennan, Elena Faler, Christine Walker, Andrew Hoyer, Oscar de la Torre,
Pete Donald, and Richard Orton spoke generally in support of the appeal.
Members of the public Arlene Henry (time donated by Karen Youssefi),
Pat Nolan, Betsy Hiteshew, Rosita Chilin, Anne Sadeghpour, LaShawn
Moore, Sheila Banani, Sean Youssefi, Ana Maria Jara, Kristina Lizarra,
Jerry Rubin, Diane Lofti, Rocio Garcia, Johanna Brown, Meghan Monorey,
Shari Davis, Ben Swett, Sofia Ramirez, Irma Carranza, Elva Serrano,
Apolinar Garcia, Judy Abdo, and Pauline Me Peak spoke generally in
opposition of the appeal
Questions asked and answered included: are there any assurances in the
CUP that there is only one shift a day; is it correct that 30% of the children
will receive some type of financial aid, and 30% low -low income, and is
this requirement part of the conditional use permit; does the five foot fence
begin above grade; are any of the other local preschools above 12 children
in that neighborhood; and, is there a way to add some of the project
descriptions to the conditions such as the maximum enrollment, limiting
events and/or after hour meetings.
Considerable discussion ensued on topics including, but not limited to:
whether or not the city's zoning ordinance complies with the Health and
January 23, 2018
the fence height to 4 feet; the need for the variances, loading space and
parking, specifics and limitations regarding events; opening with a smaller
number of students the first year, then expanding the second year to 20
students; and, the benefits of having Child Care and Early Education
facilities in RI neighborhoods.
Motion by Councilmember O'Day, seconded by Councilmember
O'Connor, to deny the appeal and uphold the Planning Commission's
approval of the CUP with revisions to Remove the language from the
"Request," include revisions to Conditions: #I- to change the enrollment of
12 children ages 4-6, and after 12 consecutive months, increase to no more
than 20, and to limit parent meetings to one weekday meeting per month to
end by 7:30 p.m., with all persons vacating the site by 8:00 p.m.; #5 -adding
Other than activities described in Condition No. 1, no other special events
are authorized; 46 - remove the word Organized; #9 -added the word
maximum and remove the word some (transparency); and, added new
conditions: #18 — annual compliance report that is required, #19 — Good
neighbor agreement, requiring quarterly meetings, 420 — rewritten to
address the enrollment breakdown by thirds, 421 — a plan requiring city
approval before operations begin, explaining how childcare spaces will be
marketed to lower and moderate income households, #22 —1/3 of the
children enrolled shall be residents in the 90404 zip code, with preferences,
and #23 — consulting with Connections for Children to offer childcare for
families on the waitlist(s).
Councilmember Vazquez proposed a friendly amendment to change the
condition to begin with 12 students the first year, then add six students the
second year, then a maximum of 20 students the third year. The motion
was not considered friendly by the maker.
The motion was approved by the following vote
AYES: Councilmembers McKeown, O'Day, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmembers Vazquez, Himmelrich
ABSENT: None
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to
approve Variance 17ENT-147 for the parking space in the front yard. The
motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmembers Himmelrich, Vazquez,
ABSENT: None
January 23, 2018
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to
approve Variance 17ENT-148 for the fence modification. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmembers Vazquez, Himmelrich
ABSENT: None
Motion by Councilmember O'Day, seconded by CouncilmemberO'Connor,
to adopt the Statement of Official Action, as amended. The motion was
approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmember $immelrich, Vazquez
ABSENT: None
ORDINANCES: 7.A. Introduction for First Reading of an Interim Ordinance
ZONING Establishing Interim Development Standards in the RI Zoning District
Pending Adoption of Permanent Revisions to the R1 Development
Councilmember O'Day was Standards, was presented.
excused at 12:06 a. m.
Recommended Action
Staff recommends that the City Council introduce for first reading an
interim ordinance establishing interim development standards in the R1
zoning district.
Members of the public Bob Posek, Nancy Coleman, Katherine Dreyfuss,
Danilo Bach, Zina Joseph, James Hartung, Alice Ann Grusin, and, Shawn
Landres spoke generally in support to the recommended action.
Members of the public Horace Hertz (time donated by Madeline Hertz),
Tony Russo, Steven Sumers, Jeffrey Stroll (time donated by Sharon Stroll),
Ron Rosen, Kristin Ford, Jason Ungar, Bob Posek, Pearam Emayan,
Michael Kemp, Matt Grude, David Bruce, Craig Shimahara, Lorraine
Shimahara, Jeffey Harlan, Peter Schechter, Jeff Silberman, and Andrew
gross spoke generally in opposition to the recommended action.
Questions asked and answered of staff included: how long is the interim
ordinance valid, and what happens after the 60 day interim process expires;
what does the language mean "application deemed complete after January
23, 2018"; how do you handle those who begin the permit process under
the interim ordinance, and things change when the permanent ordinance
passes; will people actually submit plans during the interim ordinance,
when there is so much speculation; do accessory dwelling units have to be
10 January 23, 2018
when there is so much speculation; do accessory dwelling units have to be
detached from the main structure and have an independent kitchen and
bathroom; where are the replacement projects for demolition projects;
people expressed concerns about restricting second story buildings, is there
a way to just restrict two story buildings, but not one-story; in fairness to
people who have already started the process, is there a possibility to allow
flexibility in the interim ordinance for;those people; if the date gets pushed
out, are there developers who could push their projects through; how do
you create incentives for remodel, if the threshold is adjusted in the future
to a higher percentage, would that incentivize remodels; what areas of the
city that should be included or excluded; balconies and terraces, and limit
the second story outdoor space; parcel coverage and encroachment on
adjacent houses; maximum building height leave it as is, and reduce it to 28
feet in North of Montana; exempting attached accessory dwelling units;
will we be able to get the most architectural flexibility with the sliding
scale; what's being proposed is an interim ordinance for 60 days, and could
an Interim Zoning Ordinance (IZO) be proposed to address some of the
concerns addressed; can the city create a rule that differentiates between
developers and residential homeowners.
Considerable discussion ensued on topics including, but not limited to:
there is no real public input therefore this is not a fair process to move
forward; push back the applicable date to accommodate those who are very
close to having a complete application; and, concerns about excluding
detached accessory dwelling units.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, to introduce and hold fust reading to approve the recommended
action with: an adjustment to the height of 28 feet; the maximum coverage
of 50 percent parcel coverage on a sliding scale: with no more than 20
percent on the second floor; a maximum of 400 feet of the second story
balconies not counted towards parcel coverage; with a 30 -day grace period
from Jan. 24, 2018, with an application deemed complete; that accessory
dwelling units will be excluded provided they are either accessory
structures detached from the main house, or accessory dwelling units
attached to the main house, but with their own separate entrance; and, that
the stepback requirement be adjusted to read simply for the second story.
The City Attorney staff provided further clarification that in the proposed
ordinance, there is another date which has to do with previously approved
other entitlements, if there is a planning entitlement issued, then Council
direction will move that date back to February 23, 2018 as well.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich,
11 January 23, 2018
Mayor Pro Tem Davis, Mayor Winterer
NOES: Councilmember O'Connor
ABSENT: Councilmember O'Day
Councilmember O'Connor stated for the record her no vote was because of
the lack of public process, and that this is a moratorium without making the
findings for a moratorium.
PUBLIC INPUT: Members of the public Debi Mitchell, Jonathan Foster, and Denise Barton
commented on various local issues.
Councilmember O'Connor
excused at 2:47 a. m.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 2:59
a.m. in memory of Joe Frank, Scott Carrey, Ed Moses and Moe Stavnezer.
ATTEST:
Denise Anderson -Warren
City Clerk
APPROVED:
`'1 vzlc ,
Ted Winterer
Mayor
12 January 23, 2018