m20190528.pdf
1 May 28, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 28, 2019
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on
Tuesday, May 28, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Terry O’Day
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena (arrived at 6:30 p.m.)
Councilmember Ted Winterer
Absent: Councilmember Kevin McKeown
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 5:34 p.m., with all
members present except Councilmembers McKeown and Morena. City
Attorney Lane Dilg led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Morena
arrived at 6:30 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 7:06 p.m., with Councilmember McKeown
absent, to report the following:
1.A. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Lori Gentles, Chief
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 – Anticipated Litigation --
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): Claims against City:
Claim No. 18-629, claimant Rogelio Monroy;
Claim No. 18-684, claimant Elizabeth Esquivias;
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Claim No. 19-019, claimant Jose Zaldivar;
Claim No. 19-127, claimant John Doe 1;
Claim No. 19-128, claimant John Doe 2;
Claim No. 19-129, claimant John Doe 3;
Claim No. 19-130, claimant John Doe 4;
Claim No. 19-131, claimant John Doe 5;
Claim No. 19-132, claimant John Doe 6;
Claim No. 19-146, claimant John Doe 7;
Claim No. 19-156, claimant Alvin Ferrara;
Claim No. 19-157, claimant Carlos Martinez;
Claim No. 19-158, claimant Jason Martin;
Claim No. 19-159, claimant Jose Lopez;
Claim No. 19-258, claimant Carlos Esquivias
The City Attorney advised that this matter was heard with no reportable
action taken.
1.C. Conference with Legal Counsel – Anticipated Litigation --
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): land use litigation claims:
1323 5th Street, Administrative Approval (“AA”) Application#
18ENT-0283, Vesting Tentative Tract Map (“VTTM”) #82575 with
Application #s 19PWMISC-0016, 19ENT-0089
1338 5th Street, AA Application# 19ENT-0041, VTTM #82579 with
Application #s 19PWMISC-0019, 19ENT-0087
1415 5th Street, AA Application# 19ENT-0042, VTTM #82580 with
Application #s 19PWMISC-0020, 19ENT-0086
1437 5th Street, AA Application# 19ENT-0039, VTTM #82578 with
Application #s 19PWMISC-0018, 19ENT-0084
1437 6th Street, AA Application# 19ENT-0040, VTTM #82577 with
Application #s 19PWMISC-0017, 19ENT-0088
1557 7th Street, AA Application# 19ENT-0206, VTTM #82576 with
Application #s 19PWMISC-0021, 19ENT-0090
The City Attorney advised that this matter was heard with no reportable
action taken.
1.D. Conference with Real Property Negotiator: Government Code
Section 54956.8
Properties: 2322 Michigan Avenue, Santa Monica,
C a l i f o r n i a ; F r a n k S t r e e t /2500 Michigan Avenue,
S a n t a M o n i ca, California.
City Negotiator: Jason Harris, Economic Development Manager
Under Negotiation: Exchange of Interests in Real Property
Parties: Samuel V. Kardashian, Trustee of the
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K a r d a s h i a n F a m i l y T r u s t , d a t e d N o v e m b e r 1,
1994; City of Santa Monica
The City Attorney advised this matter heard with no reportable action
taken.
1.E. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Sima Lerner v. City of Santa Monica, Los
Angeles Superior Court, Case No. BC 676664
The City Attorney reported Ms. Lerner alleges she suffered very severe and
debilitating injuries after falling at a property defect near 2020 Santa
Monica Boulevard. The City disputes and denies liability but the City
Attorney recommends a settlement in the amount of $750,000.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember
Himmelrich, to approve Settlement Agreement No. 10844 (CCS) in the
amount of $750,000. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: Older Americans Month, was presented by the
Mayor.
2.B. Proclamation: Foster Care Awareness Month, was presented by
the Mayor.
2.C. Proclamation: Mental Health Awareness Month, was presented
by the Mayor.
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.
Members of the public Aria Soroudi, Farid Soroudi, Jaleh Mirashemi,
Maryanne LaGuardia, Ann Bowman (check chits) commented on various
Consent Calendar items.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember
Himmelrich, to approve the Consent Calendar, reading resolutions by title
only and waiving further reading thereof.
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The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Himmelrich, Morena
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
STREET VACATION 3.A. Adopt Resolution No. 11170 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
SUMMARILY VACATING A PUBLIC UTILITY EASEMENT
LOCATED ALONG OLYMPIC PLACE SOUTH, A PORTION OF 7TH
STREET, AND TWO UNNAMED ALLEYS NORTH OF AN
PARALLEL TO PICO BOULEVARD”, was adopted.
Recommended Action
Staff recommends that the City Council adopt Resolution No. 11170 (CCS)
to vacate the public service easement that exists along vacated portions of
Olympic Place South, vacate a portion of 7th Street, and vacate t w o
unnamed alleys that exist north of and parallel to Pico Boulevard.
MULTIPURPOSE
SPORTS FIELD PROJECT
3.B. Award Agreements for Construction, Material Testing and
Deputy Inspection Services, and Construction Management for the
Civic Center Multipurpose Sports Field Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid# SP2461 to C.S. Legacy Construction, Inc., a
California-based company, for construction of the Civic Center
Multipurpose Sports Field;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10845 (CCS) with C.S. Legacy Construction, Inc., in an amount
not to exceed $4,767,144 (including a 10% contingency of
$433,377).
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
4. Award RFP# SP2461 to AECOM, a California-based company, to
provide material testing and deputy inspection services for the Civic
Center Multipurpose Sports Field Project;
5. Authorize the City Manager to negotiate and execute Agreement
No. 10846 (CCS) with AECOM in an amount not to exceed
$97,818 (including a 20% contingency) over a one-year period;
6. Award RFP# SP2461 to Simpson & Simpson Management
Consulting, a California-based company, to provide construction
management services for the Civic Center Multipurpose Sports
Field Project;
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7. Authorize the City Manager to negotiate and execute Agreement
No. 10847 (CCS) with Simpson & Simpson Management
Consulting in an amount not to exceed $416,900 (including a 10%
contingency) over a one-year period;
OLYMPIC WELL FIELD/
ARCADIA WATER
TREATMENT PLANT
PROJECTS
3.C. Award Professional Services Agreement with Dudek for the
Preparation of an Environmental Study for the Olympic Well Field
Restoration and Arcadia Water Treatment Plant Expansion Project,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP for the Preparation of an Environmental Study for the
Olympic Well Field Restoration and Arcadia Water Treatment Plant
Expansion Project to Dudek, a California-based company, for the
Preparation of an Environmental Study for the Olympic Well Field
Restoration and Arcadia Water Treatment Plant Expansion Project
for the Water Resources Division;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10848 (CCS) with Dudek, in an amount not to exceed $313,955
(including a $50,000 contingency) for two years with future year
funding contingent on Council budget approval.
1717 4TH STREET 3.D. Lease Modification for City Office Space at 1717 4th Street, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Lease No. 10849 (CCS) with Santa Monica Hotel
Owner, LLC for City offices at 1717 4th Street, to extend the lease term to
May 31, 2020 for a monthly rent of $93,723.50.
PARKING SERVICES 3.E. Extension of Conduent Contract for parking citation
processing, parking permit fulfillment, and payment processing
services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a sixth modification to agreement #9210 (CCS) in an
estimated amount of $1,438,750 with Conduent State & Local Solutions,
Inc., a New Jersey-based company, to extend the agreement for up to one
year for the integrated parking permit and citation management services for
the Planning and Community Development Department. This will result in
a ten-year amended agreement with a new total estimated amount of
$16,000,000, with future year funding contingent on Council budget
approval.
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EV CHARGING 3.F. Approve Beach Lot 5 South for Participation in t h e S C E
Charge Ready Program to Add 24 Public EV Charging Ports, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Approve the selection of Beach Lot 5 South as the project site to
apply for electric vehicle charging infrastructure from the Charge
Ready Program.
2. Authorize the City Manager to negotiate and execute all necessary
documents to participate in the SCE Charge Ready Program.
FIRE DEPARTMENT 3.G. Award Request for Proposal and enter into Agreement No.
10850 (CCS) with Citygate Associates for the development of a
Strategic Plan and Community Risk Assessment-Standard of Cover for
the Fire Department, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 206 to Citygate Associates, LLC, a California-based
company for the development of a Strategic Plan and Community
Risk Assessment / Standard of Cover for the Fire Department.
2. Authorize the City Manager to negotiate and execute Agreement No.
10850 (CCS) with Citygate Associates, LLC, in an amount not to
exceed $135,435.
3 . A u t h o r i z e budget changes as outlined in Financial Impact and
Budget Actions section of this report.
PARKING ON CITY
PROPERTY
3.H. Award Request for Proposal and enter into License Agreement
No. 10851 (CCS) for parking located at 3300 Pico Place North, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 3719 to Arsher LLC, a California-based company, for
parking on City property located at 3300 Pico Place North;
2. Authorize the City Manager to negotiate and execute license
Agreement No. 10851 (CCS) with Arsher LLC, at a rate of $1,400
per month for a five-year term, subject to annual escalations in rent,
with five additional one-year renewal options on the same terms and
conditions.
BIG BLUE BUS 3.I. Extension of Maintenance Contract Budget Authority with
Trapeze Software Group to operate and maintain the Planning and
Operator Management Systems for Big Blue Bus, was approved.
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Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a one-year extension to contract #8928 in the amount
not to exceed $166,000 with Trapeze Software Group (Trapeze), an
Ontario, Canada based company, for ongoing maintenance of the Motor
Coach Operator Management System (OPS) and Planning and Scheduling
(BlockBuster and FX) software for an additional year of service.
LOW CARBON TRANSIT
OPERATIONS
PROGRAM
3.J. Big Blue Bus Resolution No. 11171 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO APPLY FOR
LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP)
PROJECT FUNDS – FIXED ROUTE BUS TRANSIT OPERATIONS IN
THE AMOUNT OF $627,179; AND TO EXECUTE ALL DOCUMENTS
THERETO”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution for
the Low Carbon Transit Operations Program, which was created to provide
operating and capital assistance for transit agencies to reduce greenhouse
gas emissions and improve mobility.
SATISFACTION SURVEY 3.K. Modification to Resident Satisfaction Survey, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a fifth modification to agreement #10141 with
Goodwin Simon Strategic Research, a California based company, that has
provided professional services in the field of public opinion
polling/research for the City’s Biennial Resident Satisfaction Survey. The
proposed modification would extend the term of the agreement by twelve
months and add a new amount not to exceed $50,000, bringing the total not
to exceed amount of the agreement to $323,800, in order to have Goodwin
Simon conduct an additional resident satisfaction survey in spring 2020.
Future year funding is contingent on Council budget approval.
COUNCIL RULES 3.L. Adopt Resolution No. 11172 (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 11106 (CCS)”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution
amending the Council Rules to clarify the rules as it relates to public
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speakers with special preferences, specifically K-12 students and speakers
donating time.
MINUTES 3.M. Minutes of City Council - Regular Meeting - Apr 23, 2019 5:30
PM, were approved.
MINUTES 3.N. Minutes of City Council - Regular Meeting - May 14, 2019, were
approved.
CONTINUED ITEMS:
RECYCLING CENTER
5.A. Update on Recycling Center and Approval of Contract with
Allan Company for Recyclable Materials Processing Services, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Consider the Addendum with the Final City Yards Master Plan
Environmental Impact Report (SCH No. 2017111053),
which analyzes environmental impacts of minor modifications to
the City Yards Master Plan, and adopt the resolution approving the
Addendum;
2. Approve the minor modifications to the City Yards Master Plan
analyzed in the Addendum;
3. Award RFP# 216 to Cedarwood-Young, Inc. dba Allan Company, a
California-based company for recyclable
materials processing services for the Public Works Department;
and
4. Authorize the City Manager to negotiate and an agreement with
Cedarwood-Young, Inc. dba Allan Company, in an amount not to
exceed $10,200,000 (including a 20% contingency) for seven years,
with three additional one-year renewal options in the combined
amount of $6,090,000, on the same terms and conditions, for a total
amount not to exceed $16,290,000 over a ten-year period, with
future year funding contingent on Council budget approval.
Member of the public Mark Border commented on the recommended
action.
Questions asked and answered of staff including, but not limited to: what
are the alternatives to this plan; what is the difference in price if the
processing center if the city did not process on this site; would it be less or
more if the processing was done offsite; explain why Allan Company was
chosen over the other bidder; how much of the judgement in selecting
Allan Company weighed into the decision that the deadline was nearing;
given the recycling market worldwide, do we think that recycling is going
to get any better; did we look at using this for processing and the Buy Back
center, were there any thoughts to using this location for alternate uses that
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could create revenue; what other considerations could equate to saving
approximately $1 million a year; what’s going to happen to the space that
Allan currently occupies on the City property; was the Buy Back center not
included back until this item went before the Planning Commission, and
why do we need a Buy Back center; could there be other uses for that space
on the City Yards; what happens to the stuff in the green bins; have there
been any thoughts about using this space to process composable items;
what is the value of the Buy Back Center process; with the June 3 0th
deadline, has there been any thought to a month to month with Allan until
this is settled, and what is that cost; what is the price for offsite over a ten-
y e a r p e r i o d ; w h a t i s o u r p r i o r h i s t o r y t o r e d u c e t h e a m o u n t o f residue
product, and how much is it going to cost to get to 20 percent; has the
safety been studied to move the Buy Back center (how many trucks); with
the diversion rates, shouldn’t the numbers have gone down, and why is that
now showing; in the contract, the projection of $1 million a year, will that
hold and increase in the CPI over the next 10 years; what happens on July
1st if there’s no contract approved; what is the operations and activity of the
Buy Back center; is the current equipment not up to standard for what we
need, and given the changes in the standards, does it make sense to make
decisions when we don’t know what the new standards will be; can you
elaborate on the detailed difference between the two companies; if there’s
no market for recyclables, what do people bring into the Buy Back centers;
is executing a contract with Allan Company contingent on approving the
contract tonight; did you look at the safety issue with people walking down
the street with their recyclables and the heavy duty trucks that are there;
what kind of outreach was done; did residents express any concerns; does
the residual materials go into the landfill; was there a fire in the processing
center; is the contract contingent on the Buy Back being on the location;
could the contract be approved with the Buy Back center being located
someplace else; is it correct that if the contract is not approved tonight, it
will cause a $1 million a month delay in the City Yards Remodel project;
what happens if it takes a year to find a location for the Buy Back center
and what would that cost be, and would that require a new contract; what is
the timeline for the termination clause to become effective; and, can the
termination be a liquid amount.
Considerable discussion ensued on topics including, but not limited to:
separate out the processing center cost separate from the Buy Back center;
the cost to provide outreach and education; the Buy Back center could be
located in one of the city’s retail parts of the center; the true cost of moving
this material out of the city; trying to get the contamination amounts down,
and the cost of achieving the Net Zero plan; it’s important to maintain
processing in the city; not comfortable with the long term contract given
the uncertainty of the market, it is a priority to maintain some flexibility;
consider other options for location of the Buy Back center; need to have the
transfer and Buy Back center because people need to have a place to take
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their recyclables in the city; there is some pressure to do this tonight
because of the pending deadline; this is a large contract for a market that is
in chaos; concerns about the location of the Buy Back center, and having
residents walking in an area that may not be safe with large trash trucks
passing through.
City Manager recommended the following alternatives:
Option A: To accept a flawed or suboptimal contract; or
Option B: To reject all bids resulting in the transport all of recyclables in
the short term and come back with a Study Session for Council to give
direction to staff on the parameters.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena,
to reject all bids, direct staff to act on an alternative that will allow the city
to continue processing materials onsite, whether that includes a month to
month option with Allan Company or a solution that means transferring
offsite for an interim basis, but ultimately still envisioning allowing
processing onsite, and try not to impact the City Yards project; and, also
consider what is the real impact on the City Yards project.
Staff provided guidance and proposed direction to keep some sort of
transferring and processing center onsite during this duration.
Substitute motion by Mayor Davis, seconded by Councilmember Winterer,
to authorize the City Manager to negotiate and execute an agreement with
Cedarwood-Young, Inc. dba Allan Company, in an amount not to exceed
$10,200,000 (including a 20% contingency) for seven years, with three
additional one-year renewal options in the combined amount of $6,090,000,
on the same terms and conditions, for a total amount not to exceed
$16,290,000 over a ten-year period, with future year funding contingent on
Council budget approval, with a contingent that Allan Company create a
processing station at the site proposed in the current proposed contract, but
that they not create the Buy Back Center, and to explore alternative
locations for the Buy Back Center.
Mayor Davis, amended her motion to include a provision that gives the
City Manager’s Office the authority to negotiate a month to month solution
for up to six months in order to accommodate the change and identify an
alternative location for the Buy Back Center. The amendment was
considered friendly to the seconder.
The substitute motion failed by the following vote:
AYES: Councilmembers Jara, Winterer, Mayor Davis
NOES: Councilmembers Himmelrich, Morena, Mayor Pro Tem O’Day
ABSENT: Councilmember McKeown
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The main motion was restated, with recommendation from the Attorney’s
Office to add an emergency provision which would allow the City to go out
to bid to get companies that could transport materials offsite during this
time, if needed. The recommendation was considered friendly by the maker
and seconder.
The main motion by Mayor Pro Tem O’Day, seconded by Councilmember
Morena, to adopt the staff recommendation, with amendments. The motion
was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Winterer,
Mayor Pro Tem O’Day
NOES: Councilmember Jara, Mayor Davis
ABSENT: Councilmember McKeown
ADMIN. PROCEEDINGS:
401 MONTANA AVENUE
6.A. Appeal (19ENT-0032) of the Planning Commission's Approval
of Conditional Use Permit 15ENT-0230 at 401 Montana Avenue,
Requesting Revised Conditions for the Rainbow Garden, was presented.
Recommendation
Staff recommends that the City Council hold a public hearing, receive
public comment, and approve Conditional Use Permit 15ENT-0230 and
Fence Height Modification 18ENT-0342 per the attached findings and
conditions.
Ex-Parte Communications
Councilmember Winterer did not receive any correspondence from the
appellant, he did receive an email from the Applicant a few weeks prior and
spoke with her this morning the two new conditions that staff was
proposing for the CUP and got her reaction.
Mayor Pro Tem O’Day met with the Ma Family approximately 18 months
prior to talk about the project and how it might move through the process.
He has not discussed it significantly since.
Councilmember Morena spoke with Ms. Ma today at 3:00 to talk in general
about her experience, the format for tonight, and some of the appellant’s
concerns, and her application.
Councilmember Himmelrich, received correspondence from the appellant
and their supporters. Also discussed this matter Saturday morning with the
Neighborhood Council, and representatives from various organizations.
Mayor Davis met 2 years ago with the Ma family to discuss the project.
She received an email from Mrs. Ma, she did not respond to the email.
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Anne Burkley, spoke on behalf of the Appellant in support of the appeal.
Susan Steinberg, represented the Applicant, and spoke in opposition of the
appeal.
Members of the public Mario Fonda-Bonardi, Lisa Taub, Andrew Hoyer,
Denise Barton, Paul Song, Terence Young, Zina Josephs, Jerry Rubin, and
Ken Parr commented on the recommended action.
Questions asked and answered of staff included: if there were a Cultural
facility, would it have a different use; will there be more drop off and pick-
ups than your typical childcare facility; what was the number of special
events requested by the Applicant; why can’t a school for children be the
same as a school for adults; has the staff’s recommended changes been
presented to the Planning Commission; why is there a notification
requirement when there are more than 50 people expected to participate;
why is the language included that the school will be closed on all State and
Federal holidays; if they decided not to build a school, how many units
would they have been allowed to build; how often must the CUP be
renewed and reviewed; and, isn’t the fence height allowed.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer,
to adopt the staff recommendation, including changes to the Planning
Commission’s Conditions 5 and 6 with two changes to include the
following: the noticing requirement to inform neighbors when an event is
being held, within 30 day for a large event, to allow 104 special events per
year, and change the compliance review for the CUP process from 2 years
to 3 years from the granting of the certificate of occupancy.
The motion was restated by Mayor Davis as follows: to deny the appeal
and uphold the decision of the Planning Commission with only two
changes: 1) to inform the neighbors 30 days before any event (large event),
to allow 104 special events (less than 20 persons per year); and to have a
compliance review three years after the date of occupancy.
The City Attorney requested the language state CUP enforcement change to
the date of operation instead of the date of occupancy and recall the
definition of neighbors.
Discussion ensued on topics, not limited to the following: we’re never to
old to learn, and there are times when kids are more productive when they
are around their parents, so this should not be so limited.
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The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
ORDINANCES:
HOUSING ZONING
7.A. Second Reading and Adoption of Ordinance No. 2610 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING THE TEXT OF THE CITY’S
ZONING ORDINANCE TO PROHIBIT SINGLE-ROOM OCCUPANCY
HOUSING USES THAT ARE NOT ONE-HUNDRED PERCENT
AFFORDABLE HOUSING PROJECTS OR CERTAIN TYPES OF
SPECIALIZED HOUSING SUCH AS EMERGENCY SHELTERS,
TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING”, was
presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
RESOLUTIONS:
NEW ROADS SCHOOL
Councilmember Morena
excused at 11:34p.m.
11.A. Public Hearing and Adoption of Resolution No. 11173 (CCS)
entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE ISSUANCE BY THE
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS
REVENUE OBLIGATIONS FOR THE BENEFIT OF NEW ROADS
SCHOOL AND/OR A RELATED ENTITY IN AN AGGREGATE
AMOUNT NOT TO EXCEED $16,000,000 FOR THE PURPOSE OF
FINANCING OR REFINANCING THE COST OF ACQUISITION,
DEVELOPMENT, CONSTRUCTION, INSTALLATION, EQUIPPING
AND FURNISHING OF CERTAIN FACILITIES, AND OTHER
MATTERS RELATING THERETO”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity
Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue
Code of 1986, as amended; and
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2. Adopt a resolution approving the issuance of the Obligations by the
CEDA for the benefit of New Roads School.
There were no members of the public present to speak on this item.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to adopt the staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers Jara, Winterer, Himmelrich,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmembers McKeown, Morena
CLIMATE ACTION &
ADAPTATION PLAN
Councilmember Morena
returned at 11:36 p.m.
11.B. Adopt the Final Draft of the Climate Action & Adaptation Plan,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11174 (CCS) entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING THE NEGATIVE
DECLARATION FOR THE CLIMATE ACTION AND
ADAPTATION PLAN” (Attachment E).
2. Adopt attached Resolution No. 11175 (CCS) entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING THE CLIMATE ACTION AND
ADAPTATION PLAN” (Attachment A).
Members of the public Denise Barton, Molly Baseler, Jerry Rubin, Marcia
Hanson (time donated by Joan Klaus), Kathy Knight (timed donated by
Louise Steiner), Roy Vandehoulk (time donated by Miriam Faugus), Mike
Feinstein, Laurene Von Klan, Cris Gutierrez, and Diane Forte spoke
generally in favor of the recommended action.
Questions asked and answered of staff included: why have the omission in
commercial and industrial gone up more over the past years; as part of the
Clean Beaches initiative, what’s happening with the water that is collecting
under the Pier; how do you nourish a beach; what can be done about the
diesel burning Star Tour buses; what can be done about air travel to reduce
the carbon offsets; is it not true that the city is 100% REX; how does the
city get to the 100% renewable energy; do you capture all of the trips into
the city; would moving food into the mitigation category affect the actions
that we take; how do you see closing of the airport, which will reduce the
emissions and pollution, but will increase the carbon sucking with large
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trees and other green infrastructure into the plan; how does the tree
ordinance fit into this; how do we make sure that the trees that are being
planted are good for the environment; has there been any thought of
creating a Farmer’s Market permanent space; what part of the plan
addresses building patterns; what is the biggest impediment to the city
building more bike lanes sooner; what efforts is the city making to identify
buildings that are the biggest energy users, and incentivizing them to clean
up; is there a reason that the language on the staff report doesn’t duplicate
the language in the Plan; is the language suggested by Edison consistent
with the Climate Plan, and is staff okay with the recommended language.
Considerable discussion ensued on topics including, but not limited to:
homes near freeways, water conservation and the results to see where the
city is with the new water restrictions and offsets; with the influx of visitors
to the city, it increases our daily consumption numbers; food needs to get
into the emissions category; an electrification policy; the Ballona Wetlands
Restoration issue, and does it fit in this plan.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
adopt the attached resolutions adopting the Final Negative Declaration.
The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Winterer, Jara
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
adopt the attached resolution adopting the Final Draft of the Climate Action
and Adaptation Plan, with revision to the language as suggested b y
Southern California Edison.
Councilmember Himmelrich proposed a friendly amendment under
Sustainable Mobility that language is included which addresses reducing
City-sponsored air travel. The motion was considered friendly by the
maker and seconder.
Councilmember Himmelrich, proposed a second friendly amendment under
Vulnerability Assessment, refer to homes within 500 feet of freeways are
known to get substantial higher exposure to carbon emissions. The motion
was considered friendly by the maker and seconder.
Councilmember Morena, proposed a friendly amendment to include in the
Ecosystem discussion the expansion of the Urban Forest including, but not
limited to the proposed Airport Park.
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The Mayor noted that the language proposed by Edison includes: where
electrification of appliances is infeasible or not a customer choice, then a
methane equivalent alternative such as renewable natural gas would be an
option.
The recommendations were considered friendly by the maker and seconder.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
adopt the attached resolution adopting the Final Draft of the Climate Action
and Adaptation Plan, addressing the reduction of City-sponsored air travel,
housing built near freeways, expansion of the urban forest, including the
proposed Airport Park and inclusion of language provided by Southern
California Edison.
The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Himmelrich, Morena
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
COUNCILMEMBER
DISCUSSION ITEMS:
RAILVOLUTION
13.A. Request of Councilmember McKeown for authorization to use
his Council travel funds to attend the annual Railvolution conference
September 8th through 10th in Vancouver, with a focus on transit,
housing, and preventing gentrification, was presented.
There were no members of the public present to speak on this item.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to adopt the staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers Jara, Winterer, Himmelrich, Morena
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
SAMOHI GRAD NITE 13.B. Request of Mayor Davis and Councilmember Winterer that the
City Council allocate $1500 of discretionary funds to Samohi Grad
Nite, a 501(c)3, to close the shortfall between funding and expenses for
June 2019. For 28 years Grad Nite has provided a safe, secure venue
for graduating Santa Monica High School seniors to celebrate their
achievements, was presented.
There were no members of the public present to speak on this item.
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Motion by Councilmember Winterer, seconded by Councilmember
Morena, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Morena, Himmelrich, Winterer, Jara
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: Councilmember McKeown
PUBLIC INPUT: Member of the public Denise Barton commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:29 a.m.
ATTEST: A P P R O V E D :
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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