m20181113.pdf
1 November 13, 2018
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 13, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:32 p.m., on
Tuesday, November 13, 2018, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Kevin McKeown
Councilmember Terry O’Day
Councilmember Tony Vazquez
Absent: Councilmember Sue Himmelrich
Councilmember Pam O’Connor
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 Councilmembers O’Connor and Himmelrich.
Councilmember O’Day led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember O’Day was
excused at 5:36 p.m.
Councilmember O’Day
returned at 6:43 p.m.
Members 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 7:12 p.m., with Councilmembers
Himmelrich and O’Connor absent, to report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Lewis v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 717 076
The City Attorney advised this was a property damage matter involving a
city tree, including water and structural damage to the building and
recommended a settlement in the amount of $47,500.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve Settlement agreement No. 10778 (CCS) in the amount of
$47,500. The motion was approved by the following vote:
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AYES: Councilmembers McKeown, Vazquez, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Connor, Himmelrich
1.B. Conference with Legal Counsel – Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2): 1 case
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. Conference with real property negotiator Property: 2701
Barnard Way, Santa Monica, California
City negotiator: Andy Agle, Director of Housing and Economic
D e v e l o p m e n t
Owner of Record: City of Santa Monica
Under negotiation: Terms and price
The City Attorney advised this matter was heard with no reportable action
taken.
1.D. Conference with Legal Counsel – Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9(d)(4): 1 case
The City Attorney advised this matter was 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): 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.
1.F. 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 Negotiators: Karen Ginsberg, Director of Community and
Cultural Services and Judith Meister, Beach Manager
Under negotiation: Lease price and terms
Owner of Record: City of Santa Monica and Jonathan Club
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The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report: Resident Satisfaction Survey, was
presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Vazquez reported that he traveled to Los Angeles for the
National League of Cities conference. He reported that some of the
delegates visited the City of Santa Monica to see some of our on-going
projects.
Mayor Pro Tem Davis traveled to Detroit, MI to attend CityLab 2018. The
trip was paid by the Bloomberg Philanthropies and the Aspen Institute.
Councilmember O’Day also traveled Downtown Los Angeles for the
National League of Cities conference.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton commented on various Consent
Calendar items.
Clarification for Item 3-F. The Assistant City Manager reported that the
original contract is still going through the administrative process but
guarantees that the contract and modification will be properly executed.
Motion by Councilmember McKeown, seconded by Councilmember
O’Day, to approve the Consent Calendar, reading resolutions by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers O’Day, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Himmelrich, O’Connor
COASTAL TRAIL
MARKER
3.A. Resolution No. 11147 (CCS) entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING
THE GRANT OF FUNDS FROM THE STATE COASTAL
CONSERVANCY FOR THE INSTALLATION OF A COASTAL TRAIL
MAJOR MILE MARKER ALONG THE SANTA MONICA BEACH
TRAIL”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution approving grant funds in the amount
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of $10,000 from the State Coastal Conservancy for the installation of
a Coastal Trail Marker along the Santa Monica Beach Trail.
2. Authorize the City Manager to execute all necessary documents to
accept the grant.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
POLICE VEHICLES 3.B. Second Contract Modification with Airwave Communication
Enterprises for Police Vehicle Upfitting, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #9989 with
Airwave Communications Enterprises, a California-based company, t o
provide labor and equipment associated with upfitting Police Department
vehicles for an additional $983,576 through October 27, 2019. This will
result in a five-year amended agreement with a new total amount not to
exceed $3,359,576, with future year funding contingent on Council budget
approval.
MEETING SCHEDULING 3.C. Cancellation of Regular City Council Meeting Scheduled for
December 25, 2018, and Scheduling a Special Meeting for December
18, 2018, was approved.
Recommended Action
Staff recommends that the City Council vote to:
1. Cancel the Regular Meeting scheduled for December 25, 2018, due
to the Christmas Holiday, and
2. Schedule a Special Meeting for December 18, 2018.
MANAGEMENT
PLATFORM
3.D. Carahsoft Contract Modification for implementation services
for the City’s Service Management Platform, ServiceNow, was
approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a second modification to agreement #10549 (CCS)
with Carahsoft Technology Corporation, a Virginia-based company, for
implementation services for the City’s service management platform,
ServiceNow, for an amount not to exceed $359,382 (including $22,350
contingency). This will result in a 5-year amended agreement with a new
total estimated amount of $1,376,382, with future year funding contingent
on Council budget approval.
PLANNING AND
ENGINEERING DESIGN
SERVICES
3.E. Award Contract for On-Call Transportation Planning and
Engineering Design Services and Establish Short List of Pre-Qualified
Consultants, was approved.
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Recommended Action
Staff recommends that the City Council:
1. Establish a pre-qualified list for Transportation Planning and
Engineering Design Services as part of RFQ #183 consisting of
Toole Design Group, Fehr & Peers, KOA Corporation, and Stantec
Consulting Services, Inc. (all California-based companies) for
locally funded projects.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10777 (CCS) with Toole Design Group, 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 funding would be identified for associated projects
and tasks.
WELLBEING
PLATFORM
3.F. Agreement Modification with Edenspiekermann for Wellbeing
Platform, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10696 (CCS) in an
estimated amount of $243,400 with Edenspiekermann LA Corporation, a
Delaware-based company, for additional services related to the wellbeing
index platform. This will result in a two-year amended agreement with a
new total estimated amount of $1,243,400 with the understanding t h a t
$235,000 of this amount is from grant funds from Bloomberg
Philanthropies, with future year funding contingent on Council budget
approval.
CONFLICT OF
INTEREST CODE
3.G. Resolution No. 11148 (CCS) entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING
RESOLUTION NUMBER 10796 (CCS) AND AMENDING THE CITY'S
CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED
POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST
ARE REQUIRED TO BE FILED,” was adopted.
Recommended Action
Staff recommends that the City Council update the City’s Conflict of
Interest Code by adopting the proposed resolution.
ORDINANCES:
TAXICABS
7.A. Second Reading and Adoption of Ordinance No. 2590 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING CHAPTER 6.49 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO TAXICABS”, was
presented.
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Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember McKeown, 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, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Connor, Himmelrich
ELECTRIC VEHICLES 7.B. Second Reading and Adoption of Ordinance No. 2591 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF SANTA
MONICA AMENDING CHAPTER 4.55 OF THE SANTA MONICA
MUNICIPAL CODE TO AUTHORIZE AND REGULATE ELECTRIC
VEHICLES IN CITY PARK PARKING LOTS AFTER HOURS”, was
presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
ABSTAIN: Councilmember O’Day
ABSENT: Councilmembers Himmelrich, O’Connor
ZONING 7.C. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2592 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVISING THE DEMOLITION PERMIT
REVIEW PROCESS RELATING TO THE PRESERVATION OF
HISTORIC RESOURCES”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency
Interim Zoning Ordinance establishing interim regulations for the
demolition permit review process relating to the preservation of historic
resources (Attachment A).
Members of the public Barry Rosenbaum, Robert Poser, and Roger Genser
spoke generally in support of the recommended action.
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Motion by Councilmember Vazquez, seconded by Councilmember
McKeown, to introduce and adopt the emergency interim ordinance reading
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Connor, Himmelrich
WIRELESS
COMMUNICATIONS
FACILITIES
Mayor Pro Tem Davis was
excused at 8:13 p.m.
7.D. Introduction and Adoption of an Emergency Ordinance
entitled, “AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REPEALING AND REPLACING
I N I T S E N T I R E T Y T H E T E X T O F S A N T A M O N I C A M U N I C I P A L
CODE CHAPTER 7.70 PERTAINING TO PERSONAL WIRELESS
SERVICE FACILITIES IN THE PUBLIC RIGHT-OF-WAY”, was
continued to the November 27th meeting as a 5-Item.
Recommended Actions
Staff recommends that the City Council adopt an emergency ordinance to
repeal and replace Santa Monica Municipal Code Chapter 7.70 pertaining
to wireless facilities in the public right-of-way.
Mayor Pro Tem Davis recused herself from this item to avoid any potential
conflict of interest because she works for a different wireless company.
The City Attorney stated that because this is an emergency ordinance,
adoption would require five votes, and there are only four members present
to vote on this matter, so it needs to be continued to another meeting when
five members are present.
Motion by Mayor Winterer, seconded by Councilmember Vazquez, to
continue this item to the November 27th meeting as a 5-item, to allow this
item to be heard earlier in the evening. The motion was approved by voice
vote, with Councilmembers O’Connor, Himmelrich, and Mayor Pro Tem
Davis absent.
TAXICAB FRANCHISE
Mayor Pro Tem Davis
returned at 8:17 p.m.
7.E. Introduction for First Reading of Ordinance amending and
extending a taxicab franchise granted to TMAT Corp., dba Taxi!
Taxi!, was presented.
Recommended Action
Introduce for first reading an ordinance amending and extending the
taxicab franchise of TMAT Corp., dba Taxi! Taxi!
Members of the public Hovik Gharzbian, Neil Evans (time donated b y
Andrey Minosyan), Misfen Girmay, Seyum Gande, Daniel Klein (time
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donated by Mamunur Rashid), Tom Larmore (time donated by Hossam
Salem), Ahmed Salem (time donated by Momoud Salem), and Ayman
Radwan spoke generally to the recommended action.
Questions asked and answered of staff included, how long is Taxi Taxi’s
current contract, if any of the other taxi companies move their headquarters
to Santa Monica, and if they meet all of the requirements, could they then
move to Santa Monica
Motion by Councilmember McKeown, seconded by Councilmember
O’Day, 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, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Himmelrich, O’Connor
STAFF
ADMINISTRATIVE
ITEMS:
REVENUE BONDS
9.A. Public Hearing and Resolution No. 11149 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING
REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR
REFINANCING THE ACQUISITION, REHABILITATION,
IMPROVEMENT AND EQUIPPING OF STEP UP ON SECOND
APARTMENTS AND CERTAIN 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
2. Adopt a resolution approving the issuance of the Bonds by the
CMFA for the benefit of Step Up On Second Preservation, L.P.
Member of the public Denise Barton spoke to the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember
O’Day, to adopt the staff recommendation. The motion was approved by
the following vote:
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AYES: Councilmembers O’Day, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembesr O’Connor, Himmelrich
BOARDS AND
COMMISSIONS
PARK SAFETY
10.A. Request from the Recreation and Parks Commission regarding
park safety strategies, was presented.
Recommended Action
The Recreation and Parks Commission finds that the safety situation in the
parks and at the beach has reached a crisis point and that further action
cannot be delayed. The Commission recommends actions to be
implemented and requests that the Council address proposed and other
strategies as soon as possible.
Members of the public John C. Smith, Andrew Browning, Mary Anne
LaGuardia, Rich Hill, Michael Balsley, Jerry Rubin, Andrew Gomez, Lori
Brown, Denise Barton, Michael Tarbit, and Marcy Kaplan spoke to the
recommended action.
Questions asked and answered of staff included, what are the limitations for
enforcement and are there any new laws that could impact enforcement as
it relates to homelessness, and public safety in local parks, and what is the
status for hiring new officers to reach the full capacity for Police Officers.
Considerable discussion ensued on topics including, but not limited to:
having a separate study session on homelessness; having artificial
intelligence and technology to observe park activity instead of creating a
new position that can produce the same results; people need to continue to
use the parks instead of staying away; provide better maintenance at the
parks; activating the parks more with activities, and maybe incentivize
some of the non-profit to utilize the parks more as well; park bathrooms
are not being used as intended, and an increase in maintenance could
improve the park experience.
Councilmember McKeown, proposed, to give direction to staff to
investigate some of the issues that have been mentioned as well as those
recommendations by the Recreation & Parks Commission, to address and
give authority to create pilot programs, and come back in February with a
Study Session.
Mayor Winterer, for clarification, recommended looking at some of the
suggestions and figuring out what can be addressed tonight, and o t h e r
issues that the Recreation & Parks Commission can focus on and can bring
back at a later date. For example, no overnight camping on the beach,
feasibility of closing the beach nightly, adding cameras in the parks and
beaches for additional lighting, consulting with the County Health
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department about serving food in the parks, park rangers and increasing the
officers at the park.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to receive and file the Recreation and Parks Commission’s
recommendations. The motion was approved by the following vote:
AYES: Councilmembers O’Day, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O’Connor, Himmelrich
PUBLIC INPUT: There was one member of the public present to comment on various local
issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:17 p.m.
in memory of the victims who were shot in Thousand Oaks night club, and
those affected by the fires.
ATTEST: A P P R O V E D :
Denise Anderson-Warren Ted Winterer
City Clerk Mayor
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