m20190409.pdf
1 April 9, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 9, 2019
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30p.m., on
Tuesday, April 9, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Terry O’Day (arrived at 5:33 p.m.)
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Kevin McKeown
Councilmember Greg Morena
Councilmember Ted Winterer
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 5:30 p.m., with all
members present except Mayor Pro Tem O’Day. City Manager Rick Cole
led the assemblage in the Pledge of Allegiance.
AGENDA
MANAGEMENT
Staff requested that Item 7.D. be heard prior to 7.C.
Motion by Councilmember McKeown, seconded by Councilmember
Morena, to approve hearing Item 7.D. before 7.C. The motion was
approved by voice vote, with Mayor Pro Tem O’Day absent.
CLOSED SESSIONS
Mayor Pro Tem O’Day
arrived at 5:33 p.m.
Councilmember Jara excused
at 5:38 p.m.
Members of the public Francisco Juarez commented on public comment on
closed sessions.
Councilmember Jara recused herself from Closed Session for Item 1.A. to
avoid the appearance of a conflict of interest, because she has a daughter
who works in an as-needed capacity for the city.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
closed sessions and returned at 6:46 p.m., with all members present, to
report the following:
1.A. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Lori Gentles, Chief
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
2 April 9, 2019
Councilmember Jara
returned at 5:45 p.m.
People Officer-HR and Human Resources Manager Shawn Weiske,
Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE)
The City Attorney advised this matter was not heard.
1.B. Conference with Legal Counsel – Existing Litigation – Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1): Kirk Kelly v. Jacob Charles Duncan, City of Santa
Monica; Los Angeles Superior Court, Case No. BC 722657
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. Conference with Legal Counsel – Existing Litigation – Litigation
has been initiated formally pursuant to Government Code Section
54956.9(d)(1): Quinonez Saldivar v. City of Santa Monica, , Los
Angeles Superior Court, Case No. BC 686141
The City Attorney advised this matter is a pending litigation after Ms.
Saldivar suffered injuries from a fall at the corner of 2nd Street and Arizona
Avenue. The City denies and disputes the claims in the lawsuit, however
following pre-trial litigation and mediation the City Attorney’s Office
recommended a settlement in the amount of $199,000
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve Settlement No. 10833 (CCS). The motion was
approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
1.D. Conference with real property negotiator (Govt. Code section
54956.8): Property: 4 parcels seaward of the 1921 Mean High Tide
Line and adjacent to 850 Palisades Beach Road City negotiator: Karen
Ginsberg and Judith Meister Negotiating parties: City and Jonathan
Club Under negotiation: Lease price and terms
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation Declaring April 24, 2019 as Denim Day in the
City of Santa Monica, was presented by the Mayor.
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
3 April 9, 2019
2.B. City Manager Report: Citywide Performance Dashboard, was
presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There were no members of the public present to speak on the Consent
Calendar.
At the request of Councilmember Morena, Item 3.B. was removed from the
Consent Calendar.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
approve the Consent Calendar except for Item 3.B., reading resolutions by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
AIRPORT SECURITY 3.A. Third Modification to Design Agreement with Birdi &
Associates, Inc. for Airport Security Enhancement Project, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a third modification to agreement #10373 (CCS) in
the amount of $50,000 with Birdi & Associates, Inc., a California-based
company, for security enhancement project services for the Public Works
Department. This will result in a one-year amended agreement with a new
total amount not to exceed $316,342, with future year funding contingent
on Council budget approval.
PLAN REVIEW 3.C. Third Modification to Agreement with Avolve Software for
ProjectDox system to electronically process, manage, and monitor
building permit application submittals and plan reviews, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a third modification to Agreement No. 10279 (CCS),
in the amount of $42,570 with Avolve Software, an Arizona-based
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
4 April 9, 2019
corporation, for professional services related to additional ProjectDox
workflow implementations. This will result in a five-year amended
agreement with a new total amount not to exceed $267,441 with future year
funding contingent on Council budget approval.
PIER DECK
Councilmember Morena was
excused at 7:03 p.m.
3.B. Second Modification to Profess io n al S ervic e s A greeme n t w ith
Jensen Hughes, Inc. for Pier Below Deck Fire Sprinkler Replacement
Project, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10442 (CCS) in
the amount of $151,470 with Jensen Hughes, Inc., a Maryland-based
company, to provide construction administration services during
construction of the Pier Below Deck Fire Sprinkler Replacement Project –
Phase 1 for the Public Works Department. This will result in a four-year
amended agreement with a new total amount not to exceed $283,470, with
future year funding contingent on Council budget approval.
Councilmember Morena recused himself from this item, due to a potential
conflict of interest because his family owns a business on the Pier.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, to approve the recommended action. The motion was approved
by the following vote:
AYES: Councilmembers Winterer, McKeown, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember Morena
ORDINANCES:
AFFORDABLE HOUSING
Councilmember Morena
returned at 7:04 p.m.
7.A. Second Reading and Adoption of Ordinance No. 2605 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE CHAPTER 9.64 TO EXEMPT CERTAIN 100 PERCENT
AFFORDABLE HOUSING PROJECTS OWNED AND OPERATED BY
NONPROFIT HOUSING PROVIDERS THAT ARE SUBJECT TO
CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE
REGULATIONS AND TO REMOVE THE EXTREMELY-LOW
INCOME AFFORDABLE HOUSING CATEGORY,” was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to adopt the ordinance, reading by title only and waiving further
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
5 April 9, 2019
reading thereof. The motion was approved by the following vote:
AYES: Councilmember Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ZONING 7.B. Second Reading and Adoption of Ordinance No. 2606 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MAKING CHANGES, CORRECTIONS, AND
CLARIFICATIONS TO THE CITY’S ZONING ORDINANCE AND
ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE;
AMENDING THE TEXT OF THE CITY’S ZONING ORDINANCE
AND SANTA MONICA MUNICIPAL CODE SECTION 6.14.040
RELATED TO FORTUNETELLING REGULATIONS; AMENDING
THE TEXT OF SECTION 9.24.040 TO PROHIBIT CONVERSION OF A
HOTEL OR MOTEL TO A CONDOMINIUM PROJECT; AND
AMENDING THE OFFICIAL DISTRICTING MAP FOR 1411
CLOVERFIELD BOULEVARD”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
SIDEWALK VENDING
Councilmember Morena was
excused at 7:29 p.m.
7.C. Comprehensive Sidewalk Vending Program and Emergency
Ordinance, was presented.
Recommended Action
Staff recommends that the City Council adopt emergency Ordinance No.
2607 (CCS) entitled, “AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE CHAPTER 6.36 TO ADOPT A
COMPREHENSIVE VENDING REGULATORY PROGRAM”.
Councilmember Morena recused himself from this item, due to a potential
conflict of interest because his family owns a business on the Pier.
Members of the public Matt Stauffer, Jim Harris, Denise Barton, Negin
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
6 April 9, 2019
Singh, Scherazad Falcon, Paul Garnica, Jerry Rubin, Max Fomin (time
donated by Andre Kosinski), Richard Chacker, Joey Harris, Sofia Ramirez,
Amarilys Ortiz, Pedro Antonio, Arturo Elias, Fernando Rayos, Deneb Dior,
Abby Arnold, Ron Miller, and Walt Davis spoke on the recommended
action.
Questions asked and answered of staff included: will this section apply to
vendors who gross less than $40K a year; what kind of follow-up i s
expected to Council on this new enforcement; is each individual cart going
to be required to be permitted, or will they be captured under a corporate
umbrella; how will the vending ordinance fit into special day events; is the
administration creating definitions for what is stationary vending; will this
ordinance be able to address food trucks; is this just restricted to south of
the Esplanade; if you come back, would you be able to provide information
to show how many of the Pico micro-grants are being used for vending
licenses; is there any way the micro-grants can have local preference;
would creating a special marketing district bypass the state law; will local
vendors be required to use sustainable food service wares; and, is there any
handouts or paperwork to provide vendors about the sustainable restrictions
when they pull their permits.
Discussion ensued on the following topics, but not limited to: whether or
not Ocean Front is considered a street or sidewalk; requiring different
forms of identification for permitting; identify areas of concern with regard
to public safety risk; administrative regulations can be established if later
areas are determined to be safety risk; concept of special vending districts;
the north side of the Esplanade is too narrow to allow vending, as well as
the bike shop on the corner of 2nd and Colorado; and, does this ordinance
eliminate the vending of items out of the back of vehicles.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to adopt at first reading the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Himmelrich, McKeown, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember Morena
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O’Day, to give direction to staff to: explore the possibility of prohibiting or
controlling the sale of any expanded polystyrene products (boogy boards
and other styrafoam toys) for use in the ocean; for safety reasons, explore
what might be possible within the constraints of both this law and the state
vehicle code for some kind of control over the food trucks and their
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
7 April 9, 2019
vending along the westside of Ocean Avenue ; and look at how this is
getting implemented, pay attention to what might transpire on North Ocean
Front Walk and the North Esplanade. The motion was unanimously
approved by voice vote, with Councilmember Morena absent.
PURCHASING SYSTEM 7.D. Introduction and First Reading of an Ordinance Amending Santa
Monica Municipal Code Chapter 2.24, Purchasing System, was
presented.
Recommended Action This report recommends that the City Council
introduce for first reading an ordinance amending Santa Monica Municipal
Code Chapter 2.24 to:
1) Increase the dollar threshold for informal purchasing procedures from
$10,000 to $25,000;
2) Increase the threshold for formal purchasing procedures for goods,
contractual services and public works projects from $175,000 to
$250,000;
3) Increase the threshold for formal request for proposal procedures for
professional services from $80,000 to $95,000; and
4) Revise Chapter 2.24 to reflect current purchasing practices and make
other clarifications and corrections.
Member of the public Denise Barton spoke on the recommended action.
Questions asked and answered of staff included: does this program fall into
the new ISD system that we have internally, so that all of the thresholds
will be adjusted; with regards to local business preference, have other soft
considerations (i.e. time doing business in Santa Monica, community
benefits, local jobs, etc.) been considered to add to the ordinance; is price at
the top of the way Request For Proposals are awarded; and, how would this
promote transparency, equity, and community participation.
Discussion ensued on the following topics, but not limited to, concerns
about transparency with the large threshold amount for contractual services
and public works projects being so large and not going before the Council.
Motion by Councilmember Morena, seconded by Councilmember
Winterer, to introduce at first reading the ordinance, reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Winterer, McKeown, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: Councilmember Jara
ABSENT: None
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
8 April 9, 2019
Motion by Councilmember Morena, seconded by Councilmember
McKeown, to give direction to staff to look at 2.24.200 and consider the
local preference, maybe some soft items in there that are not just price
considered, such as time doing business in Santa Monica, are they
providing local jobs in Santa Monica, community benefits in Santa Monica,
sales tax and business license revenue that return to the city should be
considered, pre-existing businesses, working in an exemplary manner, and
is there a standard for exemplary.
There being no further discussion, the motion was unanimously approved
by voice vote, with all members present.
STAFF
ADMINISTRATIVE
ITEMS:
AFFORDABLE HOUSING
Councilmember Morena
returned at 9:29 p.m.
8.A. Affordable Housing on City-Owned Land
Recommended Action
Staff recommends that the City Council:
1. Authorize issuance of a request for proposals for the development of
affordable housing on City-owned property at 1318 Fourth Street,
and
2. Authorize staff to continue to explore similar opportunities on other
City-owned properties.
Members of the public Michael Soloff, Denise Barton, and Genise
Schnitman, spoke generally on the recommended action.
Questions asked and answered of staff included: for 100 percent affordable
housing project, what is the maximum height; is the RFP going to specify
who the affordable housing is targeted for; is there anything from our last
meeting that precludes us from financing extremely low income units in
100 percent affordable housing projects; any idea what the RFP will entail;
any consideration to creating affordable senior congregate housing, which
would save space; where is the current biggest need for affordable housing;
is there a way to create the RFP to request as much creativity as possible;
could live/work house be included as an option in the RFP; after the RFP is
returned, how will the RFP be decided; and, since it is city owned land, can
the city extend the 55 year deed restriction.
Discussion ensued on the following topics, but not limited to, first floor
retail being available for a variety of small businesses; local preference not
exclusive, but preferred; and, not making the language in the RFP so
specific in defining the types of tenants
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to adopt the staff recommendation, with the primary emphasis
being on permanent supportive housing for those who are unhoused, and
direction to staff that the applicant should look the other unmet housing
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7
9 April 9, 2019
needs in the citywide portfolio of affordable housing, and that they should
be encouraged to look at the potential for Artist live/work space on the
ground floor, as well as retail that is affordable to small/locally owned
businesses as an option, and that all other creative housing solutions
currently in the marketplace be encouraged. The motion was approved by
the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton and Dhun May commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:09 p.m.
in memory of Beth Leder-Pack and Blaze Pompane.
ATTEST: A P P R O V E D :
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
DocuSign Envelope ID: 852C0979-A5A7-4BA4-B7C3-0CE1944D94B7