08_14_18 City Council Meeting Minutes - signed.pdf
1 August 14, 2018
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 14, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:32 p.m., on
Tuesday, August 14, 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 6:05 p.m.)
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 5:32 p.m., with all
members present except Councilmember O’Connor. Teagan O’Day led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember
O’Connor arrived at
6:05 p.m.
Member of the public Denise Barton commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed
sessions and returned at 6:58 p.m., with all members present, to report the
following:
1.A. Conference with Labor Negotiator :
City Negotiator: Donna C. Peter, Director of Human Resources
Bargaining Units: Coalition for Santa Monica City Employees (CSMCE) &
Executive Pay Plan (EPP)
The City Attorney advised this matter was heard with no reportable action taken.
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has
been initiated formally pursuant to Government Code Section
54956.9(d)(1): Leevan & Wilshire -26 LLC. V. City of Santa Monica, Los
Angeles Superior Court, Case No. SS026729
The City Attorney advised this matter was heard with no reportable action taken.
2 August 14, 2018
1.C. Conference with Real Property Negotiator
Property: 1328 Second Street
Negotiator: Andy Agle, Dir. Housing and Economic Development and
Barbara Collins, Housing Manager
Under Negotiation: Loan terms
Owner of Record: Step Up on Second
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): 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 TRAVEL
Councilmember O’Connor reported that she traveled to Napa, Ca for a meeting
of the California Transit Association Executive Board. She also attended the
American Public Transportation Association’s Annual Sustainability Conference
in Vancouver, Canada.
CONSENT
CALENDAR:
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton, Zina Josephs and Joseph Schmitz
commented on various Consent Calendar items.
At the request of Councilmember McKeown, Item 3.K. was removed from the
Consent Calendar.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O’Day, to
approve the Consent Calendar except for Item 3.K., reading resolutions 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
POOL
MAINTENANCE
3.A. Bid Award for Pool Maintenance and Repair Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4346 to Commercial Aquatic Services, Inc., a California-
based company, for pool maintenance and repair services; and
3 August 14, 2018
2. Authorize the City Manager to negotiate and execute Agreement No.
10728 (CCS) with Commercial Aquatic Services, Inc., in an amount not
to exceed $160,000 for two years, with one additional three-year renewal
option in the amount of $264,810 including a 5% annual increase for
years three through five, for a total amount not to exceed $424,810 over a
five-year period, with future year funding contingent on Council budget
approval.
SANTA MONICA
PIER
3.B. Bid Award for Treated Lumber for the Santa Monica Pier, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4330 to Gemini Forest Products, a California-based
company, to furnish and deliver treated lumber to the Santa Monica Pier
as required by the Public Works Department; and
2. Authorize the Purchasing Services Manager to issue a purchase order
with Gemini Forest Products for the purchase of treated lumber in an
amount not to exceed $75,000 for one year, with two additional two-year
renewal options including increases of 2%, 4% and 5% for years three
through five, for a total amount not to exceed $389,598 over a five-year
period, with future year funding contingent on Council budget approval.
PUMP
MAINTENANCE
AND REPAIR
3.C. Bid Award for Pump Maintenance and Repair Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4348 to PumpMan, LLC, a California-based company, for
pump maintenance and repair services; and
2. Authorize the City Manager to negotiate and execute Agreement No.
10729 (CCS) with PumpMan, LLC, in an amount not to exceed $431,356
for two years, with one additional three-year renewal option, with a 10%
increase per year, for a total amount not to exceed $1,054,093 over a five-
year period with future year funding contingent on Council budget
approval.
ON-CALL SERVICES 3.D. Award Contracts for On Call Signage/Striping and Civil Engineering
Design/Preparation of Temporary Traffic Control Plans, was approved.
Recommended Action
Staff recommends that the City Council:
1. Establish a pre-qualified list for on-call Civil Engineering Design
Services as part of RFQual #SP2564 consisting of Cannon Corporation,
Kimley-Horn and Associates, Inc., KPFF Consulting Engineers, RICK
Engineering Company, and Stantec Consulting Services, Inc. (all
4 August 14, 2018
California-based companies) to create a pre-qualified list for on-call Civil
Engineering Design Services,
2. Authorize the City Manager to negotiate and execute Agreement No.
10730 (CCS) with Kimley-Horn and Associates, Inc., in an amount not to
exceed $750,000 for three years with one two-year renewal option in the
amount of $500,000, for a total amount not to exceed $1,250,000 over a
five-year period, with future year funding contingent on Council budget
approval. This is an on-call agreement and an RFP would be issued once
there is a known scope of work. Funding would be identified as projects
and tasks are identified.
3. Award Bid #SP2543 to Superior Pavement Markings Inc. and PCI,
California-based companies, for on-call signing and striping services,
4. Authorize the City Manager to negotiate and execute Agreement No.
10731 (CCS) with Superior Pavement Markings Inc. in an amount not to
exceed $250,000 for three years, with one two-year renewal option,
which would extend the contract term but not increase the budget, for a
total amount not to exceed $250,000 over a five-year period, with future
year funding contingent on Council budget approval. This is an on-call
agreement and funding would be identified as projects and tasks are
identified, and
5. Authorize the City Manager to negotiate and execute Agreement No.
10732 (CCS) with PCI, in an amount not to exceed $250,000 for three
years, with one two-year renewal option, which would extend the
contract term but not increase the budget, for a total amount not to exceed
$250,000 over a five-year period, with future year funding contingent on
Council budget approval. This is an on-call agreement and an RFP would
be issued once there is a known scope of work. Funding would be
identified as projects and tasks are identified.
WATER MAIN
REPLACEMENT
3.E. Award Construction Contract for 2018 Water Main Replacement,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #2464 to Michels Pipeline Construction, a Wisconsin-based
company, to provide construction services for the 2018 Annual Water Main
Replacement Project;
2. Authorize the City Manager to negotiate and execute Contract No. 10733
(CCS) with Michels Pipeline Construction, in an amount not to exceed
$5,058,792 (including a 15% contingency);
3. Authorize the Director of Public Works to issue any necessary change orders
to complete additional work within contract authority.
5 August 14, 2018
MAINTENANCE
AGREEMENTS
3.F. Extend Maintenance Agreements for the Big Blue Bus and Parking
Meter Currency Counting Room Equipment, was approved.
Recommended Action
Staff recommends that the City Council authorize the Purchasing Manager to
issue the following change orders:
1. A change order to the purchase order #21900200 in the amount of
$42,500 with Money System Technology, a Texas-based company, for
the maintenance of two coin sorters/counters and conveyor belts used for
currency counting operations. This will result in a revised estimated
purchase order total of $83,000 over a ten-year period, with future year
funding contingent on Council budget approval.
2. A change order to the purchase order #21900921 in the amount of
$84,000 with Richard's Coin & Currency Counters, a California-based
company, for the maintenance of various equipment for currency
counting operations, and the purchase of replacement parts. This will
result in a revised estimated purchase order total of $149,400 over a ten-
year period, with future year funding contingent on Council budget
approval.
100 WILSHIRE
BOULEVARD
3.G. Lease Agreement Modification for Rooftop Space at 100 Wilshire
Boulevard, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a first modification to agreement #9798 in the amount of $298,406
with Douglas Emmett 1998, LLC, a Delaware-based company, for leasing of
rooftop space at 100 Wilshire Boulevard. This will result in a 10-year amended
agreement with a new total amount not to exceed $562.156, with future year
funding contingent on Council budget approval.
RECYCLING
SERVICES
3.H. Second Modification to Agreement with Allan Company for
Recycling Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a second modification to Services Agreement #9012 (CCS) with
Cedarwood-Young Company, d/b/a Allan Company, a California-based
company, to extend the agreement for recyclable materials processing services
for one additional year in an amount not to exceed $302,000.
UNIFORMS 3.I. Award Contract to Provide Motor Coach Operator Uniforms, was
approved.
Recommended Action
Staff recommends that the City Council:
6 August 14, 2018
1. Award Bid #4353 to two (2) vendors, providing two options for our Motor
Coach Operator (MCO) uniforms. The contract awards would go to
Becnel Uniforms, a California-based company; and Galls, a California-
based company, for the provision of uniform supplies and related services
for Big Blue Bus MCOs.
2. Authorize the City Manager to negotiate and execute separate Agreement
Nos. 10734 (CCS) and 10735 (CCS) with Becnel Uniforms and Galls,
with each not to exceed $136,200 for the first year, with four additional
one-year options to renew, for a total not to exceed $681,000 for both
agreements over a five-year period with future funding contingent on City
budget approval
AFFORDABLE
HOUSING
3.J. Adopt Affordable Housing Production Program Fee Resolution No.
11130 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING
THE AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET-
RATE MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA
MUNICIPAL CODE SECTION 9.64.070(B) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS” and Resolution No. 11131
(CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTOMATICALLY ADJUSTING THE AFFORDABLE
HOUSING UNIT DEVELOPMENT COST PURSUANT TO SANTA MONICA
MUNICIPAL CODE SECTION 9.64.070(C) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt Resolution No. 11130 (CCS) increasing the Affordable Housing
Unit Base Fee by five percent for new market-rate apartments and
condominiums (Attachment A).
2. Adopt the attached Resolution increasing the Affordable Housing Unit
Development Cost by five percent (Attachment B).
LABOR RELATIONS 3.L. Resolution No. 11132 (CCS) entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE
TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS’ LEGAL SUPPORT STAFF UNION AND REVISE
THE CONFIDENTIAL UNREPRESENTED EMPLOYEES PAY PLAN,” and
Resolution No. 11133 (CCS) entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A NEW
JOB CLASSIFICATION AND ADOPTING A SALARY RATE FOR CHIEF
DEPUTY CITY ATTORNEY”, was adopted.
Recommended Action
Staff recommends that the City Council:
7 August 14, 2018
1. Adopt attached Resolution No. 11132 (CCS) accepting the tentative
agreement and authorizing the City Manager to execute a Memorandum of
Understanding (MOU) between the City and the Public Attorneys’ Legal
Support Staff Union (PALSSU), and revise the Confidential
Unrepresented Employees (CUE) Pay Plan.
2. Approve the attached revised salary schedule effective as a result of the
agreement reached for the classifications represented by PALSSU and the
revisions made to CUE.
3. Adopt Resolution No. 11133 (CCS) establishing the classification and
salary rate for Chief Deputy City Attorney.
MINUTES 3.M. Minutes of the City Council - Regular and Special Joint Meeting -
May 8, 2018 5:30 PM, were approved.
MINUTES 3.N. Minutes of the City Council - Regular Meeting - May 22, 2018 5:30
PM, were approved.
AERONAUTICAL
SERVICES
3.K. Minimum Standards for Commercial Aeronautical Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Approve the attached Minimum Standards for Commercial Aeronautical
Services (Minimum Standards) that must be met by any person or entity
that provides or seeks to provide commercial aeronautical services, as an
addendum to the existing Santa Monica Airport Leasing and Licensing
Policy for the leasehold and license management of properties at the
Santa Monica Airport (Airport or SMO).
2. Extend and clarify the City Manager’s lease-approval authority to lease
terms complying with the Leasing Policy and the Minimum Standards
with terms of five years or less for non-aviation tenants and three years or
less for commercial aeronautical service providers, so long as the leases
have an expiration date on or before December 31, 2028.
Councilmember McKeown pulled this item due to the large number of questions
about this item, especially considering it is a consent item.
Questions asked and answered of staff included, were the Airport Commission’s
suggestions included in the recommended action, and if not why weren’t they
included. Discussion ensued on the level for insurance, and if it should be
increased.
Motion by Councilmember McKeown, seconded by Councilmember O’Day, to
approve the recommended action. The motion was approved by the following
vote:
8 August 14, 2018
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
O’Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ORDINANCES:
SIGNATURE
AUTHORITY
7.A. Second Reading and Adoption of Ordinance No. 2581 (CCS) entitled,
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 1.12 OF THE MUNICIPAL
CODE TO AUTHORIZE USE OF DIGITAL SIGNATURES FOR OFFICIAL
CITY DOCUMENTS AND AMENDING SECTION 2.32.030 TO
AUTHORIZE THE CITY MANAGER TO DELEGATE SIGNATURE
AUTHORITY FOR CONTRACTS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich , seconded by Councilmember O’Day,
to adopt 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,
O’Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ELIGIBILITY
REQUIREMENTS
7.B. Second Reading and Adoption of Ordinance No. 2582 (CCS) entitled,
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 2.48.010 TO CHANGE THE ELIGIBILTY REQUIREMENT FOR
SERVING ON THE COMMISSION FOR THE SENIOR COMMUNITY
FROM ELECTORS OF THE CITY TO RESIDENTS OF THE CITY AND
SECTION 2.32.270 TO CLARIFY COMPENSATION
FOR PLANNING COMMISSIONERS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
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, O’Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
9 August 14, 2018
GROUNDWATER
MANAGEMENT
7.C. Introduction and First Reading of an Ordinance Adding Chapter
7.18 to the Santa Monica Municipal Code Relating to Sustainable
Groundwater Management and Prohibiting New Private Wells and
Expansion of Private Wells Unless and Until Permitted by a Groundwater
Sustainability Plan, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
adding Chapter 7.18 to the Santa Monica Municipal Code relating to sustainable
groundwater management and prohibiting new private wells and expansion of
private wells unless and until permitted by a Groundwater Sustainability Plan.
(Attachment A).
Members of the public Judy Abdo and Mark Gold spoke generally in support of
the recommended action.
Questions asked and answered of staff included how staff would feel about
removing the clause that says making this permanent.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, 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,
O’Connor, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
TENANT
PROTECTION
7.D. Introduction and first reading of an ordinance amending Chapters
4.36 Tenant Relocation Assistance, and 8.100 Tenant Protection During
Construction, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
proposed ordinance amending Santa Monica Municipal Code Chapters 4.36
Tenant Relocation Assistance and 8.100 Tenant Protection during Construction.
Member of the public Harvey Eder who spoke to the recommended action.
Questions asked and answered of staff included: since this is new, what kind of
information are tenants asking for, and are the materials provided in other
languages: is it pervasive that construction is going on and tenants remain in the
units because they are not aware of their relocation rights; are units without
kitchen sinks considered uninhabitable; are there any limits on why a tenant is
forced to relocate, and can it lead to permanent relocation; will the ordinance or
10 August 14, 2018
regulations create the means so that the city can take action when it becomes
impossible for the tenant to stay; is there a public information campaign to notify
tenants of their rights in multiple languages; and, what is the due process for
repeat offenders.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, 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 O’Connor, O’Day, Himmelrich, Vazquez,
McKeown, Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
DISPOSABLE FOOD
SERVICE WARE
7.E. Introduction for First Reading of an Ordinance Modification
Prohibiting Distribution of Non-Marine Degradable Food Service Ware by
Santa Monica Food Providers, was presented.
Recommended Actions
Staff recommends the City Council Introduce for first reading the attached
ordinance modifying Santa Monica Municipal Code Chapter 5.44 to prohibit the
distribution of certain non-marine degradable disposable food service ware and
polystyrene beverage lids by food and beverage providers.
Members of the public Georgia Tunidi, Anna Pack (time donated by Beth Leder-
Pack), Jessica Borck, David M. Price, James Gnall, Sasha Calder, Reece
Pachecho, Katherine Pease, Mary Luna, Matt Stauffer, Jessalyn Waldron, Caro
Vilain, Bronwyn Major, Kelly Smith, Emma Castillo, Ron R., Joseph Gibson,
Lauren Ferree, Bianca Botta, Mark Gold, Sofia Ratzovich, Charlotte Potter,
Adam Skolnick, Angela Sun, Kieanna Jolaei, Mike Feinstein, Benjamin and
Cody Kay, Harvey Eder, Judy Abdo, Lea Irwin, Graham Hamilton, Oscar de la
Torre Jr., West Donovan Harris, Fidel de la Torre, and, Lily Shurtock spoke on
the recommended action.
Questions asked and answered of staff included: can Council look into taking
action on the alternatives suggested in the presentation, for example to eliminate
grocery stores from selling straws or plastics; what does the numbers on utensils
mean; has there been any thought into making this ordinance more attractive;
would vendors like Starbucks be required to change the type of cups they use
right away; what is the definition of marine biodegradable; why not make
vendors like Starbucks use paper cups; what is the requirement for the Director’s
Rule, and how long does the exemption last; are thin film bags included in this
ordinance; and, how did staff decide to leave lids out as an exemption and how
long does the exemption last.
11 August 14, 2018
Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with the inclusion of all plastic lids, and give
direction to bring back an ordinance banning the retail sale of polystyrene.
Mayor Pro Tem Davis, proposed a friendly amendment to include direction that
part of this outreach program specifically, to look for carrots and sticks (reward
and punishment) to encourage the immediate adoption in places that serve hot
and cold beverages of marine biodegradable containers. The motion was
considered friendly to the maker and seconder.
Councilmember O’Day, proposed a friendly amendment that if any of these
directors rules were to go beyond one-year, that it come back before the Council.
The maker suggested alternative language “if an exemption is used, that Council
be notified as to whether to move forward” instead of a mandatory item on the
agenda. The City Attorney suggested language “direct staff to provide a report
of exemptions granted” in an information report. The maker accepted allowing
no more than one exemption of one-year. The motion with the new language
was considered friendly to the maker and seconder.
Motion by Councilmember McKeown, seconded by Councilmember Vazquez, to
introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, with the inclusion of amendments to include the
definitions of “single use,” “prepared food” include the exception to provide
plastic straws by request for those with a disability, exemptions for one year
through the Directors rules, and to include banning all plastic lids. The
amendments were considered friendly by the maker and seconder of the motion.
The motion, with amendments were 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 Mayor Pro Tem Davis, seconded by Mayor Winterer, to give
direction to staff as part of its outreach program that it begin to find ways to
encourage vendors give point of purchase incentives; look at requiring that the
food service vendors have receptacles for items they serve food in; and all items
recommended in the staff report, especially as it relates to retail sales and
polystyrene packing items and coolers; and, suggested that the city should create
a sustainable program to encourage people with incentives to use the more
sustainable vendors. The motion was unanimously approved by voice vote with
all members present.
12 August 14, 2018
TELECOM-
MUNICATIONS
FACILITIES
Mayor Pro Tem Davis
excused at 10:35 p.m.
7.F. Introduction and First Reading of an Ordinance to Repeal and
Replace Santa Monica Municipal Code Chapter 9.32 Telecommunications
Facilities, was presented.
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
to repeal and replace Santa Monica Municipal Code Chapter 9.32 -
Telecommunications Facilities.
Mayor Pro Tem Davis recused herself due to a possible conflict of interest.
Staff stated a typo-correction for the record, that there is a 60-day shot clock, not
90-day, associated with this. There is a 60-day shot clock if something qualifies
for a 6409 Administrative Review, the City must take action within 60 days.
Members of the public Dan Revetta and Amiee Week spoke to the recommended
action.
Questions asked and answered of staff including, why do municipalities have so
little jurisdiction over where the telecommunications facilities are located.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, to introduce and hold first reading of the ordinance reading by title
only and waiving further reading thereof, with staff recommended changes. The
motion was approved by the following vote:
AYES: Councilmembers O’Connor, O’Day, Himmelrich, Vazquez,
McKeown, Mayor Winterer
NOES: None
ABSENT: Mayor Pro Tem Davis
COUNCILMEMBER
DISCUSSION ITEMS:
ANNUAL
APPOINTMENTS
Mayor Pro Tem Davis
returned at 11:06 p.m.
13.A. Annual Appointments to Boards and Commissions for terms ending
June 30, 2018, was presented.
Airport Commission, 1 appointment for a term ending June 30, 2022, was
presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich nominated Chris Waller.
There being no other nominations, Chris Waller was reappointed by acclamation
to the Airport Commission for a term ending June 30, 2022, with all members
present.
Architectural Review Board, 2 appointments for a term ending June 30, 2022,
13 August 14, 2018
was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Davis, nominated Kevin Daly
Councilmember McKeown nominated Barbara Coffman.
There being no other nominations, Kevin Daly and Barbara Coffman were
appointed by acclamation to the Architectural Review Board for a term
ending June 30, 2022, with all members present.
Arts Commission, 2 appointments for a term ending June 30, 2022, was
presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Himmelrich nominated Phil Brock
Councilmember McKeown nominated Mary Elizabeth Michaels
Councilmember O’Connor nominated Janeen Jackson
Ms. Jackson was appointed by the following vote:
Brock: Mayor Pro Tem Davis, Councilmember Himmelrich
Michaels: None
Jackson: Councilmembers O’Connor, O’Day, Vazquez, McKeown,
Mayor Winterer
Mayor Pro Tem Davis and Councilmember Himmelrich changed their votes
to Jackson, thereby appointing Janeen Jackson by acclamation to the Arts
Commission for a term ending June 30, 2022, with all members present.
For the second seat, the floor was opened to nominations.
Councilmember Himmelrich nominated Phil Brock
Councilmember McKeown nominated Mary Elizabeth Michaels
Ms. Michaels was appointed by the following vote:
Brock: Councilmembers Vazquez, Himmelrich
Michaels: Councilmembers McKeown, O’Day, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
Councilmembers Vazquez and Councilmembers changed their votes to
Michaels, thereby appointing Mary Elizabeth Michaels by acclamation to the
14 August 14, 2018
Arts Commission for a term ending June 30, 2022, with all members present.
Commission for the Senior Community, 3 appointments for a term ending
June 30, 2022, was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer nominated Paul Fern, Meghan Kelley, and Kathryn Keitzman
for reappointment.
There being no other nominations, Paul Fern, Meghan Kelley, and Kathryn
Keitzman were reappointed by acclamation to the Commission for the Senior
Community for a term ending June 30, 2022, with all members present.
Commission on the Status of Women, 2 appointments for a term ending June
30, 2022, was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer nominated Joni Byun and Sylvia Ghazarian for
reappointment.
There being no other nominations, Joni Byun and Sylvia Ghazarian were
reappointed by acclamation to the Commission on the Status of Women for a
term ending June 30, 2022, with all members present.
Disabilities Commission, 3 appointments for a term ending June 30, 2022,
was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer nominated Thomas Hill and Marielle Kriesel for
reappointment.
There being no other nominations, Thomas Hill and Marielle Kriesel were
reappointed by acclamation to the Disabilities Commission for a term ending
June 30, 2022, with all members present.
For the third seat, the floor was opened to nominations.
Mayor Pro Tem Davis nominated Delbert Whetter
There being no other nominations, Mr. Whetter was appointed by acclamation
to the Disabilities Commission for a term ending June 30, 2022, with all
members present.
15 August 14, 2018
Downtown Santa Monica, Inc. , 3 appointments for a term ending June 30,
2022, was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Davis nominated Juan Matute, Rob Rader and Johannes Van
Tilburg for reappointment.
There being no other nominations, Juan Matute, Rob Rader and Johannes Van
Tilburg were reappointed by acclamation to Downtown Santa Monica, Inc.
for a term ending June 30, 2022, with all members present.
Councilmember
Himmelrich was
excused at 11:15 p.m.
Councilmember
Himmelrich returned at
11:16 p.m.
Housing Commission, 2 appointments for a term ending June 30, 2022, was
presented.
Councilmember Himmelrich recused herself from this appointment, because
her husband Michael Soloff is currently on the Housing Commission, and is
seeking reappointment.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Michael Soloff for reappointment.
There being no other nominations, Michael Soloff was reappointed by
acclamation to the Housing Commission for a term ending June 30, 2022,
with Councilmember Himmelrich absent.
For the second seat, the floor was opened for nominations.
Councilmember McKeown nominated Richard Gerwitz
Councilmember Himmelrich nominated Steven Weinraub
Mr. Gerwitz was appointed by the following vote:
Gerwitz: Councilmembers McKeown, O’Day, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
Weinraub: Councilmembers Vazquez, Himmelrich
Councilmembers Vazquez and Himmelrich changed their votes to Gerwitz,
thereby appointing Richard Gerwitz by acclamation to the Housing
Commission for a term ending June 30, 2022, with all members present.
16 August 14, 2018
Landmarks Commission, 3 appointments for a term ending June 30, 2022,
was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer nominated Dolores Sloan for reappointment.
There being no other nominations, Dolores Sloan was reappointed by
acclamation to the Landmarks Commission for a term ending June 30, 2022,
with all members present.
For the second seat, the floor was opened.
Councilmember McKeown nominated Kenneth Breisch for the Architectural
Historian and Roger Genser for the Local Historian appointments. There
being no other nominations, Kenneth Breisch and Roger Genser were
appointed by acclamation for a term ending June 30, 2022, with all members
present.
Personnel Board , 1 appointment for a term ending June 30, 2022, was
presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer, nominated Eve Brosnahan for reappointment.
There being no other nominations, Eve Brosnahan was reappointed by
acclamation to the Personnel Board for a term ending June 30, 2022, with all
members present.
Planning Commission, 1 appointment for a term ending June 30, 2022, was
presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Davis, nominated Shawn Landres.
There being no other nominations, Shawn Landres was appointed by
acclamation to the Planning Commission for a term ending June 30, 2022,
with all members present.
Recreation and Parks Commission, 2 appointments for a term ending June 30,
2022, was presented.
17 August 14, 2018
On order of the Mayor, the floor was opened for nominations.
Councilmember O’Day, nominated John C. Smith for reappointment.
There being no other nominations, John C. Smith was reappointed by
acclamation to the Recreation and Parks Commission for a term ending June
30, 2022, with all members present.
For the second seat, the floor was opened for nominations.
Councilmember McKeown nominated Andrew Gomez
Councilmember Himmelrich nominated Derek Devermont
Councilmember O’Day nominated Marcy Kaplan
Mr. Gomez was appointed by the following vote:
Gomez: Councilmembers McKeown, Vazquez, O’Connor,
Mayor Pro Tem Davis, Mayor Winterer
Devermont: Councilmember Himmelrich
Kaplan: Councilmember O’Day
Councilmembers Himmelrich and O’Day changed their votes to Gomez,
thereby appointing Andrew Gomez by acclamation to the Recreation and
Parks Commission for a term ending June 30, 2022, with all members present.
Santa Monica Library Board, 2 appointments for a term ending June 30, 2022,
was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer, nominated Arlene Hopkins and Marc Morgensern for
reappointment.
There being no other nominations, Arlene Hopkins and Marc Morgensern
were reappointed by acclamation to the Library Board for a term ending June
30, 2022, with all members present.
Santa Monica Travel & Tourism, Inc., 1 appointment for a term ending June
30, 2021, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Lauralee Ashe for appointment.
18 August 14, 2018
There being no other nominations, Lauralee Ashe was appointed by
acclamation to the Santa Monica Travel and Tourism, Inc. for a term ending
June 30, 2021, with all members present.
Santa Monica Travel & Tourism, Inc., 3 appointments for a term ending June
30, 2022, was presented.
Councilmember McKeown nominated Darlene Evans, Albin Gielicz, and
Rosemary Regalbuto for reappointment.
There being no other nominations, Darlene Evans, Albin Gielicz, and
Rosemary Regalbuto were reappointed by acclamation to the Santa Monica
Travel and Tourism, Inc. for a term ending June 30, 2022, with all members
present.
Social Services Commission, 2 appointments for a term ending June 30, 2022,
was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Winterer nominated Elaine Barringer and Bill Parent for
reappointment.
There being no other nominations, Elaine Barringer and Bill Parent were
reappointed by acclamation to the Social Services Commission for a term
ending June 30, 2022, with all members present.
CLEAN BEACHES &
OCEAN PARCEL
TAX CITIZENS
OVERSIGHT
COMMITTEE
13.B. Appointment to two unscheduled vacancies on the Clean Beaches &
Ocean Parcel Tax Citizens Oversight Committee for one term ending
12/31/2018 and one term ending 12/31/2019, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Debbie Harris.
Mayor Pro Tem Davis nominated Vanessa Meir
There being no other nominations, Vanessa Meir was appointment by
acclamation to the Clean Beaches & Ocean Parcel Tax Citizen Oversight
Committee for a term ending December 31, 2018, with all members present.
For the second seat, Debbie Harris was appointed by acclamation to the Clean
Beaches & Ocean Parcel Tax Citizen Oversight Committee for a term ending
December 31, 2019, with all members present.
19 August 14, 2018
RECREATION &
PARKS
COMMISSION
Councilmember O’Day
excused at 11:26 p.m.
13.C. Recommendation to accept Alan Toy's resignation from the
Recreation & Parks Commission and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem Davis,to
accept the resignation with regret.
The motion was approved by a unanimous voice vote, with Councilmember
O’Day absent.
BALLOT MEASURE 13.D. Request of Mayor Pro Tem Davis, Councilmembers McKeown and
O'Day that the City Council endorse the Safe Clean Water Program ballot
measure that the Los Angeles County Board of Supervisors has placed
before the voters on November 6, 2018. The measure would generate
approximately $300 Million by implementing a parcel tax of 2.5 cents per
square foot of impermeable surface area on private property in the LA
County Flood Control District. Proceeds would be used to protect coastal
waters and beaches from trash and contaminants in stormwater, to
recapture billions of gallons of stormwater that currently are lost, and
require strict community oversight to ensure that local monies stay local.
Credits for property owners who have installed stormwater-capture systems
would be available. Qualifying low-income seniors and non-profit
organizations would be eligible for exemption. An information sheet is
attached, was presented.
There were no members present to speak on this item.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis , to
approve the recommendation. The motion was unanimously approved by voice
vote, with Councilmember O’Day absent.
TENANT
PROTECTIONS
13.E. Request of Councilmembers McKeown and Himmelrich that the City
Council direct staff to examine our statutory renter protections for outdated
definitions and compensations, in light of rapidly intensifying market
pressures on local rents, with special attention directed at but not limited to:
relocation compensation for renters evicted through no fault of their own,
as by an Ellis Act removal
our definition of what constitutes “corporate housing” or “short-term
rentals,” prohibited uses that erode our stock of true residential rentals
code requirements for room sizes and other parameters of legally
habitable permanent housing
respond systematically to related violations and/or abuses by landlords
20 August 14, 2018
acting in bad faith over time
manipulations of the long-term status of units in “TORCA” buildings,
where tenants are supposed to have protected status
…and return to the Council as soon as possible, combining this direction
with the recent direction to prepare for the possible repeal of the Costa-
Hawkins Act, recognizing that the financial climate on rental housing is
particularly volatile, and that a significant number of resident renters may
be at increased risk in the near future, was presented.
Members of the public Denise Barton, Naomi Sultan, Kevin Mitchell, Michael
Feinstein, Daniel Westcott, Nicole Phillis, Gary Hudson, Gert Basson, Eileen
Larry, Jennifer Kennedy (time donated by Genise Schnitman), Kaysie Kent, and
Kathy Conedy.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve the recommendation. The motion was unanimously
approved by voice vote, with Councilmember O’Day absent.
PROMENADE
RESTAURANTS
13.F. Request of Mayor Pro Tem Davis and Councilmember McKeown
that Council direct staff to explore methods to limit the proliferation of fast
food restaurants on the Third Street Promenade and to return to Council
with any necessary ordinance amendments, was presented.
Member of the public Johnathan Foster spoke in opposition of the
recommendation.
Motion by Mayor Pro Tem Davis , seconded by Councilmember McKeown , to
approve the recommendation. The motion was unanimously approved by voice
vote, with Councilmember O’Day absent.
PROPOSITION 6 13.G. Request of Councilmembers O’Connor and O’Day that the City
Council oppose Proposition 6 on the statewide ballot in November 2018.
Should Proposition 6 pass, it would repeal SB 1, the Road Repair and
Accountability Act of 2017, which is investing $54 billion statewide over the
next decade to repair and upgrade roads, freeways and bridges in
communities across California and targeted funds towards transit,
congestion and safety improvements. Locally, Santa Monica would lose state
funding for vital projects such as Safe Routes to School, Vision Zero bicycle
and pedestrian safety measures and Big Blue Bus service and electrification
of their fleet, was presented.
Member of the public Harvey Eder spoke in support of the recommendation.
21 August 14, 2018
Motion by Councilmember O’Connor, seconded by Mayor Winterer, to approve
the recommendation. The motion was unanimously approved by voice vote, with
Councilmember O’Day absent.
MEASURE 10 13.H. Request of Councilmembers McKeown and Himmelrich that the
Council put the City of Santa Monica on record as supporting Measure 10
on the November ballot, to protect renters from continued unlimited
'market rate' rent hikes under the Costa-Hawkins Act, which would be
repealed by passage of Measure 10; and convey the City’s position of
support for Measure 10 as appropriate, was presented.
Members of the public Jerry Rubin, Zakary Mayall, and Johnathan Foster spoke
on the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve the recommendation. The motion was unanimously
approved by voice vote, with Councilmember O’Day absent.
PUBLIC INPUT: Members of the public Debbie Bulsky, Mary Sampson, Dave Estrada, Art
Casillas, Scott Kubly, Esfer Bozkurt, Kevin Vega, Kris Costello, Yai-Jahnie
Lawler, Terenig Topjian, Alexander Arnold, Scott Scholler, Jacob Davidson,
Jerry Rubin, Derick Quintanilla, Nico Gimenez, Tim Harter, Carl Hansen, Kim
Pluth, Harvey Eder, Chris Balish, Johnathan Foster, and Erik Yesayan
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:27 a.m.
ATTEST: A P P R O V E D :
Denise Anderson-Warren Ted Winterer
City Clerk Mayor
Ted Winterer (Dec 11, 2018)
Ted Winterer
Denise Anderson-Warren (Dec 12, 2018)
Denise Anderson-Warren