m20180327.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 27, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 6:46 p.m., on
Tuesday, March 27, 2018, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Absent: Councilmember Sue Himmelrich
Councilmember Terry O'Day
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 6:46 p.m., with all
members present except Councilmembers Himmelrich, Vazquez, and
O'Day. Councilmember McKeown 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 6:49 p.m., to consider
closed sessions and returned at 8:25 p.m., with Councilmembers O'Day,
Vazquez and Himmelrich absent, to report the following:
I.A. Conference Involving a Joint Powers Agency Pursuant to
Government Code Section 54956.96: Los Angeles Community Choice
Energy (dba Clean Power Alliance of Southern California). Local
Agency Representative: Councilmember Kevin McKeown.
Conference with Legal Counsel — Anticipated Litigation - Anticipate
significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (one case).
The City Attorney advised this matter was heard with no reportable action
taken.
1 March 27, 2018
I.B. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Homeaway.com, Inc., and AirBNB, Inc. v. City
of Santa Monica, United States District Court, Central District of
California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW-
AFM
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
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.
I.D. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government
Section 54956.9(d)(1): Jaworski v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 640021
The City Attorney advised this is an injury sustained from a fall on a
cutout carved near Palisades Park. The City Attorney's Office
recommended a settlement in the amount of $35,000.
Motion by Mayor Pro Tem Davis, seconded by Councilmember
O'Connor, to approve Settlement No. 10645 (CCS) in the amount of
$35,000. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Vazquez, Himmelrich, O'Day
I.E. Meeting with Chief Labor Negotiator - Donna C. Peter,
Director of Human Resources: PALSSU
The City Attorney advised this matter was heard with no reportable action
taken.
2 March 27, 2018
LF. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Lecip, Inc. v. City of Santa Monica, Los
Angeles Superior Court, Case No. BC 620795
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): Zanders v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 592885
The City Attorney advised this is an injury matter where Mr. Zander fell
from his three -wheel scooter on the Big Blue Bus, resulting in injuries.
The City Attorney's Office recommended a settlement in the amount of
45,000.
Motion by Councilmember McKeown , seconded by Mayor Pro Tem
Davis, to approve Settlement No. 10646 (CCS) in the amount of $45,000.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Vazquez, Himmelrich, O'Day
I.H. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54946.9(d)(1): Cardier v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 578779
The City Attorney provided clarification for the record on Settlement No.
10642 (CCS) amount paid by the city. The City would pay approximately
$780,000, with the balance covered by insurance. The $780,000 did not
include litigation expenses already incurred by the City. As a result,
clarification for the record, the total amount for which the city is
responsible, including the litigation expenses that were already incurred is
$1 million, with the balance to be covered by the city's first layer of
excess coverage.
1.I. Existing Litigation — Litigation has been initiated formally
pursuant to Government Code Section 54956.9(d)(1): Hawaii v.
Trump, U. S. Supreme Court, Case No.16-1540 (request for Amicus
support)
3 March 27, 2018
The City Attorney advised that the city has been asked to join the Amicus
Brief before the U.S. Supreme Court. This is regarding the Travel Ban
which restricts travel from eight countries.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, to join the Amicus Brief titled Hawaii v. Trump. The motion was
approved by voice vote, with Councilmembers Himmelrich, O'Day, and
Vazquez absent.
AGENDA On the order of the Mayor, due to some quorum challenges with three
MANAGEMENT Councilmembers absent, some items will have to be pulled and continued
to a future meeting. The Mayor announced that Items 3.D., 8.A. and 13.A.
will be continued to the neat meeting. Also, Items 2.A and 2.13. were
heard out of order.
SPECIAL AGENDA 2.A. City Manager's Report: Seismic Retrofit Update, was
ITEMS: presented.
2.13. Proclamation recognizing March 2018 as Red Cross Month in
the City of Santa Monica, was presented by the Mayor.
REPORT ON COUNCIL Councilmember McKeown attending the National League of Cities
TRAVEL Conference in Washington, D.C. where the focus was on infrastructure,
other sessions included preemption of local control. The second
conference he attended was the Building Livable Communities
Conference of the Local Government Commission in Yosemite where the
topics discussed included social equity in smart growth, affordable
housing, and, decarbonize by electrifying and going to renewable
electricity.
Mayor Pro Tem Davis also went to Yosemite and learned a great deal.
Councilmember O'Connor, also attended the National League of Cities
Conference in Washington, D.C. where the topics included: roads and
bridges, transit, transit technology, ports and aviation, the future of
transportation in this country, and, infrastructure. She was also in
Washington, D.0 for the California Transit Association where they
discussed transit needs in California, and the City of Santa Monica hosted
a meeting. She also attended the Mayors Innovation Project in Denver,
where the future of transit was discussed (Reimagining Public Transit).
Mayor Winterer reported that he also attended the Conference in
Yosemite.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by
a Councilmember for discussion.
4 March 27. 2018
The City Clerk read into the record corrections on the minutes for January
23, 2018, on Page 10 the correction to the motion by Councilmember
O'Day and the second by Councilmember O'Connor, and on the February
13, 2018 minutes, there were minor corrections made that were included in
the packet.
Members of the public Carl Lisberger, Denise Barton, Michael Feinstein,
and Andrew Hoyer commented on various Consent Calendar items.
At the request of Councilmember McKeown, Itemand 3.J. was removed
from the Consent Calendar.
Motion by Councilmember McKeown , seconded by Councilmember
O'Connor, to approve the Consent Calendar except for Items 3.1) and 3.J.,
including the corrections to the minutes, reading resolutions by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Himmelrich, O'Day, Vazquez
FIRE STATION NO. 1 3.A. Award Contract for Fire Station No. 1 Construction Services,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #2235 to Bernards Bros., Inc., a California -based
corporation, for the construction of Fire Station No. 1.
2. Authorize the City Manager to negotiate and execute Contract No.
10643 (CCS) with Bernards Bros., Inc., in an amount not to exceed
$26,525,000, and authorize an additional $2,652,500 for
contingency (10%) for a total of $29,177,500.
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
AUDIT SUBCOMMITTEE 3.11. Amendment to Resolution No. 11103 (CCS) Adopting Rules of
Conduct for the Audit Subcommittee, was approved.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
modifying the Audit Subcommittee Rules of Conduct.
March 27, 2018
CITY YARDS 3.C. Reject All Bids for the City Yards Ecodistrict Project, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Reject all bids for Request for Proposals (RFP) #SP2396 for
establishing an Ecodistrict and communication and outreach
services for the City Yards Modernization Project.
2. Direct staff to reissue a bid in order to obtain the best bidder for
communication and outreach services for the City Yards
Modernization Project.
PIER CONSTRUCTION 3.D. Award Construction Contract for Pier Hoist & Crane and
Catwalk Repair, was continued to April 10, 2018.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2528 to John S. Meek Company, Inc., a California-
based company, for the Pier Hoist & Crane and Catwalk Repair
Project;
2. Authorize the City Manager to negotiate and execute a contract
with John S. Meek Company, Inc., in an amount not to exceed
$500,000 (including a 11% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
FIRE STATION NO. 1 3.E. Award of Contract to Deborah Aschheim for Percent -For -Art
Project for Fire Station #1, was approved.
Recommend Actions
Staff recommends that the City Council:
1. Award Deborah Aschheim, a California-based artist, the
fabrication of the artwork to be installed at Fire Station No. l;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10644 (CCS) with Deborah Aschheim, in an amount not to
exceed $160,000.
RECRUITMENT 3.F. Authorization to execute a contract modification with the
SERVICES Hawkins Company, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement 410473 (CCS)
in the amount of $68,000 with The Hawkins Company, a California-based
company, for executive recruitment services. This will result in a three
6 March 27, 2018
year amended agreement with a new total amount not to exceed $208,000,
with future year funding contingent on Council budget approval.
2512 7TH STREET 3.G. Resolution No. 11104 (CCS) entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP
FOR PARCEL NO. 72808 TO SUBDIVIDE A PROPERTY AT 2512 7TH
STREET", was approved.
Recommended Action
Staff recommends that the City Council adopt the attached Resolution
(Attachment A) approving Final Parcel Map No. 72808 for a
condominium project located at 2512 7th Street.
212 BAY STREET 3.11 Resolution No. 11105 (CCS) entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP
FOR PARCEL NO. 73829 TO SUBDIVIDE A PROPERTY AT 212 BAY
STREET", was approved.
Recommended Action
Staff recommends that the City Council adopt the attached Resolution
(Attachment A) approving Final Parcel Map No. 73829 for a
condominium project located at 212 Bay Street.
LABOR COMPLIANCE 3.I. Second Modification to Gafcon Contract for Citywide
Prevailing Wage and Labor Compliance, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to Contract No. 10435, in the
amount of $600,000 for three years with two additional one-year renewal
options with Gafcon, Inc., a California-based company, to provide
citywide State and Federal labor compliance and certified payroll
monitoring on an as -needed basis. This will result in a five-year amended
agreement with a new total amount not to exceed $900,000, with future
year funding contingent on Council budget approval.
MINUTES 3.K. Approval of minutes of the January 23, 2018 5:30 PM, City
Council Meeting, were approved, with changes.
MINUTES 3.L. Approval of minutes of the February 13, 2018 5:30 PM, City
Council Meeting, were approved, with changes.
7 March 27, 2018
MINUTES 3.M. Approval of minutes of February 27, 2018 4:30 PM, City Council
Meeting, were approved.
COUNCIL RULES 3.J. Modification of City Council Rules of Order, was approved.
Recommended Action
Staff recommends that the City Council adopt attached Resolution No.
11106 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE RULES OF
ORDER AND PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS AND REPEALING RESOLUTION NUMBER
10928 (CCS)". This new procedure will take affect beginning with the
April 10, 2018 meeting.
Councilmember McKeown pulled this item for clarification on what the
intent is regarding members of the public using the projector scanner, and
if that is considered as part of the electronic media referenced in the staff
report.
Questions asked and answered of staff included: why treat 14 items
differently than other items, and why are they being excluded from
making presentations; is there an easier way to project pictures brought in
during the meeting; would it be possible to allow Board and Commission
members to be treated as staff, giving them the 4:30 pm deadline; and, the
Monday noon is too short, but instead change the deadline to noon on the
meeting day.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown to approve the recommendation changing the deadline to noon
on the meeting day.
Councilmember McKeown, proposed a friendly amendment to direct staff
to further investigate a way that an overhead projector can be made
accessible to the public, and that members of the public should be allowed
to present on 14 items. The motion was considered friendly by the maker.
Mayor Pro Tem Davis, proposed a friendly amendment that official city
board and commissioners be treated as staff for the deadlines imposed by
the resolution. So that any member of a recognized board or commission
would have until 4:30 pm on the day of the meeting to submit their
electronic presentation. This would only be in a case when it is in the
purview of the board or commission. The motion was considered friendly
by the maker and seconder.
The City Attorney read the changes to the resolution for the record in
Rules 5(h) and 15(i) to include that all electronic presentation materials,
8 March 27, 2018
adding intended for use at a City Council meeting, including PowerPoint
presentations, videos, audios, electronic images, and electronic portable
document formats (pdfs), but excluding any hard copy document projected
by the overhead projector; must be received by the City Clerk no later than
12:00 p.m. on the day of a City Council meeting, and adding for clarity,
this rule shall not apply to a current member of a board or commission
speaking on a matter within the purview of the board or commission on
which the member sits;
The motion, with amendments were approved by the following vote:
AYES: Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O'Day, Himmelrich, Vazquez
ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2571 (CCS)
CIVIL SERVICE RULES entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING CHAPTER 2.04 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO CIVIL
SERVICE RULES AND REGULATIONS," was presented.
Recommended Action
Staff recommends that City Council adopt the attached ordinance
amending Chapter 2.04 of the Santa Monica Municipal Code relating to
Civil Service Rules and Regulations.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Himmehich, Vazquez, O'Day
ZONING CHANGES 7.13. Introduction for First Reading of an Interim Ordinance
Extending Interim Zoning Ordinance 2569 (CCS) for Interim
Changes to Development Standards in the RI Zoning District Pending
Adoption of Permanent Revisions to the RI Development Standards,
was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an
interim ordinance (Attachment A) extending interim development
standards in the RI zoning district.
9 March 27, 2018
Members of the public Zina Josephs, Aliceann Grusin, Danilo Bach, Kit
Dreyfuss, and Andrew Hoyer spoke on the recommended action.
Motion by Councilmember McKeown, seconded by ayor 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, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O'Day, Himmelrich, Vazquez
STAFF 8.A. Master Facility Use Agreements with the Santa Monica -Malibu
ADMINISTRATIVE Unified School District, was continued to the April 10, 2018 meeting.
ITEMS:
SMMUSD AGREEMENTS Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Master Facilities Use Agreement combining the two
tax measures (YY and GS) into a single agreement (Measure YY/GS
Facilities Agreement) including related supplemental terms and conditions
with the Santa Monica -Malibu Unified School District with an initial term
ending June 30, 2028.
AIRPORT PARK 8.13. Resolution Nos. 11107 (CCS) and 11108 (CCS) Certifying the
California Environmental Quality Act (CEQA) Environmental
Impact Report (EIR) for the Airport Park Expansion Project and
Project Approval, was presented.
Recommended Action
Staff recommends that the City Council adopt a resolution (Attachment A)
certifying the California Environmental Quality Act (CEQA)
Environmental Impact Report (EIR) for the Airport Park Expansion
project, and a resolution (Attachment B) adopting the Statement of
Overriding Considerations and Mitigation Monitoring Program to approve
the project.
Member of the public Denise Barton spoke on the recommended action.
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Davis, to adopt Resolution No. 11107 (CCS) certifying the California
Environmental Quality Act (CEQA) Environmental Impact Report (FIR)
for the Airport Park Expansion project. The motion was approved by the
following vote:
10 March 27, 2018
AYES: Councilmembers O'Connor, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Vazquez, O'Day, Himmelrich
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, to adopt Resolution No. 11108 (CCS) the Statement of Overriding
Considerations and Mitigation Monitoring Program to approve the project.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Vazquez, O'Day, Himmelrich
ELECTION LAWS 8.C. Potential Enhancements and Improvements to Local Election
Laws and Enforcement Mechanisms, was presented.
Recommended Action
Staff recommends that the City Council review and comment on potential
enhancements and improvements to local election laws and enforcement
mechanisms.
Members of the public Jerry Rubin and Denise Barton, spoke on the
recommended action.
Considerable discussion ensued on topics including, but not limited to:
whether the FPPC is the best option to enforce our local laws, and what
that process would involve, or if they have adequate staff to investigate;
revisit public financing of campaigns before the next election; pursuing an
agreement with other City Attorney's office would help whenever there
was a potential appearance of impropriety or a possible conflict of interest
within the City Attorney's office;
Councilmember McKeown recommended selecting Options 3, to adopt a
resolution that authorizes the City Clerk and City Attorney to request that
the FPPC communicate and coordinate with the County District
Attorney's Office and the Criminal Division of the City Attorney's Office,
direct staff to pursue, and to look at Public financing option, and Option 4,
to establish a reciprocal agreement with some other City Attorney's
offices in the region.
Mayor Winterer proposed to give broad direction to the City Clerk's office
to look at ways to communicate the current status of our election laws to
the community during this election season.
11 March 27, 2018
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, direct staff to pursue coordination with the FPPC, so that when
there is an investigation underway we're notified and we can then begin
parallel enforcement of our local law, and establish some relationship with
reciprocity with another City Attorney's office so that when there is any
appearance or perception of a conflict of interest, we have the option of
going to another Attorney's office for assistance, and direct the City
Clerk's office to pursue education of our election laws to the community
during this election season.
The motion was approved by voice .vote with Councilmembers O'Day,
Himmelrich, and Vazquez absent.
Motion by Myor Winterer, seconded by Councilmember McKeown, to
give direct staff to come back after the Election to discuss public
financing, contribution limits, and other options.
The motion was approved by voice vote, with Councilmembers Vazquez,
O'Day, and Himmelrich absent.
COUNCILMEMBER 13.A. Appointment to one unscheduled vacancy on the Santa Monica
DISCUSSION ITEMS: Library Board for a term ending 06/30/2018, was continued to the April
LIBRARY BOARD 10, 2018 meeting.
ELECTRIFICATION 13.B. Request of Mayor Winterer, Mayor Pro Tem Davis, and
Councilmember McKeown that Council direct staff to pursue
decarbonization and protect public health and safety by exploring
transition from open -flame technologies for heating and cooking into
electrification, requiring new construction to use 100% renewable -
sourced electricity, was presented.
Members of the public Sarah Willforg, Diane Forte, and Mike Harriel
spoke on the recommended action.
Motion by Councilmember McKeown , seconded by Mayor Pro Tem
Davis, to approve the recommendation. The motion was approved by
voice vote, with Councilmembers O'Day, Vazquez, and Himmelrich
absent.
PUBLIC INPUT: Members of the public Denise Barton, Dhun May, and Art Casillas
commented on various local issues.
12 March 27, 2018
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:42
p.m. in memory of Elaine Gottesman, and the 50th anniversary of the
assassination of the Rev. Dr. Martin Luther King, Jr.
ATTEST:
Denise Anderson -Warren
City Clerk
APPROVED:
Ted Winterer
Mayor
13 March 27, 2018