m20190611.pdf
1 June 11, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 11, 2019
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on
Tuesday, June 11, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Gleam Davis
Councilmember Ana M. Jara
Councilmember Kevin McKeown
Councilmember Ted Winterer
Absent: Mayor Pro Tem Terry O’Day
Councilmember Sue Himmelrich (arrived at 5:35 p.m.)
Councilmember Greg Morena (arrived at 6:15 p.m.)
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
Assistant City Clerk Nikima Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:34 p.m., with all
members present except Mayor Pro Tem O’Day, Councilmember Morena
and Councilmember Himmelrich. Assistant City Manager Katie Lichtig led
the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Himmelrich
arrived at 5:35 p.m.
Councilmember Morena
arrived at 6:15 p.m.
Member of the public Denise Barton commented on closed session items.
On order of the Mayor, the City Council recessed at 5:39 p.m., to consider
closed session items and returned at 7:04 p.m., with Mayor Pro Tem O’Day
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 – 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,
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California Court of Appeal, Second Appellate District, No. B295935
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): Morales v. City of Santa Monica, Los Angeles Superior
Court, Case No. BC 624887.
The City Attorney reported the individual alleges they suffered an injury
after falling on the Big Blue Bus. The City disputes and denies liability but
the City Attorney recommends a settlement in the amount of $30,000.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to approve settlement Agreement No. 10862 (CCS) in the
amount of $30,000 by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
1.D. 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 this matter was heard with no reportable action
taken.
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1.E. 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.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report: Pride Month, was presented.
2.B. Proclamation declaring June 2019 as Pride Month in the City of
Santa Monica, 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 Denise Barton, John P. Jewell (time donated by Necia
Jensen), Zina Joseph, Olga Zurawska (time donated by Judy Casey), and
Michael Louis (time donated by Eric Phillips) commented on various
Consent Calendar items.
At the request of Councilmember Himmelrich and Councilmember Morena,
Items 3-A and 3-F were removed from the Consent Calendar.
Motion by Councilmember Winterer, seconded by Councilmember Morena,
to approve the Consent Calendar except for Items 3-A and 3-F, 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, and Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
ANIMAL SHELTER 3.B. Bequest to the Santa Monica Animal Shelter, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt Resolution No. 11176 (CCS) entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING THE CHARITABLE REMAINDER OF THE
MARTIN CHARITABLE TRUST”;
2. Authorize the City Manager to execute all necessary documents to
accept funds from the trust; and
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3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
WISE & HEALTHY
AGING
3.C. Approval of Lease Agreement with WISE & Healthy Aging for
the use of the Ken Edwards Center, located at 1527 Fourth Street, Santa
Monica, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Lease No. 10853 (CCS) with WISE & Healthy Aging
(WISE) for the Ken Edwards Center located at 1527 4th Street for continued
provision of comprehensive services to older adults in Santa Monica for a
term of five years for $1/year with three five-year options to renew with no
escalation.
ROOFING SERVICES 3.D. Award Agreement for Citywide Roofing Contractor Services,
was approved.
Recommended Action
Staff recommends that City Council:
1. Award Bid #4377 to Best Contracting Services, Inc., Danny Letner
Inc., dba Letner Roofing and Maverick Roofing, Inc., all California-
based companies, for roofing contractor services for the Public
Works Department;
2. Authorize the City Manager to negotiate and execute Agreement No.
10854 (CCS) with Best Contracting Services, Inc. in an amount not
to exceed $150,000 for two years, with one additional three-year
renewal option in the amount of $225,000, on the same terms and
conditions, for a total amount not to exceed $375,000 over a five-year
period, with future year funding contingent on Council budget
approval;
3. Authorize the City Manager to negotiate and execute Agreement No.
10855 (CCS) with Letner Roofing, Inc., in an amount not to exceed
$200,000 for two years, with one additional three-year renewal
option in the amount of $380,650, including a 15% increase for year
three and a 10% increase for years four and five, for a total amount
not to exceed $580,650 over a five-year period, with future year
funding contingent on Council budget approval;
4. Authorize the City Manager to negotiate and execute Agreement No.
10856 (CCS) with Maverick Roofing, Inc., in an amount not to
exceed $110,000 for two years, with one additional three-year
renewal option in the amount of $165,000, on the same terms and
conditions, for a total amount not to exceed $275,000 over a five-year
period, with future year funding contingent on Council budget
approval.
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RADIO SITE 3.E. Approval of Big Blue Bus (BBB) lease extension with Bearcomm
for Hollywood Hills Radio Site, was approved.
Recommended Action
Staff recommends that City Council authorize the City Manager to negotiate
and execute Agreement No. 10857 (CCS) in the amount of $181,000 with
Bear Communications, Inc., a California corporation, for extension of an
antenna site lease. The change would result in a 20-year amended agreement
with a total contract amount not to exceed $507,000, with future year funding
contingent on Council budget approval.
MINUTES 3.G. Minutes for the City Council - Special Meeting - April 30, 2019
6:00 PM, were approved.
SAMOSHEL 3.A. Approval of agreement with The People Concern for
improvements to SAMOSHEL Emergency Homeless Shelter, was
presented.
Recommended Action
Authorize the City Manager to negotiate and execute Agreement No. 10852
(CCS) with The People Concern (TPC, formerly known as OPCC), in an
amount not to exceed $669,000 (includes a $61,000 contingency) for
improvements to the SAMOSHEL emergency homeless shelter.
Councilmember Himmelrich advised that she pulled this item to ask staff
why The People Concern is doing the renovations instead of the City.
Questions asked and answered of staff included: why the renovations are
being performed by The People Concern when this is a City-owned property;
why wasn’t the lowest bid considered; did the Office of Civil Rights close
the case without taking any action; why is St. John’s Health Center involved;
where is the City in creating an anonymous complaint system; would the
release of sewer gas be governed by OSHA; and, has the City’s ethics hotline
been made available to members of the public.
Motion by Councilmember Morena, seconded by Councilmember
Himmelrich, to approve the staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, and Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
HOUSING FUNDS 3.F. Adoption of SB2 Housing Grant Resolution No. 11177 (CCS)
entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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SANTA MONICA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT, FOR SB 2
PLANNING GRANT PROGRAM FUNDS IN AN AMOUNT NOT TO
EXCEED $310,000 AND AUTHORIZING THE CITY MANAGER TO
TAKE IMPLEMENTING ACTIONS TO OBTAIN SUCH ADDITIONAL
GRANT FUNDS”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11177 (CCS) authorizing the
application for grant funds in the amount of $310,000 from the State
of California Department of Housing and Community Development
2. Authorize the City Manager to execute all necessary documents to
apply for the grant, and if awarded, accept and administer the grant,
including any renewals.
3. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report, in the event that the grant is
awarded.
Councilmember Morena advised that he pulled this item to address process
and how this will work going forward in the future.
Questions asked and answered of staff included will the City be able to
complete a project with SB2 funds while remaining consistent with the City’s
affordability and tenant non-displacement values; inclusionary requirements
as a barrier; re-evaluation of the Downtown Community Plan; when would
we see the final results of the grant if the funds are accepted; and, what are
the number of units in the pipeline in the Downtown area and can they expect
to be completed in the next two years.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to adopt the resolution, reading resolution by title only and
waiving further reading thereof, with direction to staff to not utilize the grant
funds for the Downtown Community Plan standard.
Substitute motion by Councilmember Winterer, seconded by
Councilmember Morena, to accept the grant as proposed by staff and re-
evaluate Downtown Community Plan standards at a later time; only
authorizing the application for grant funds in the amount of $310,000 as
stipulated in the resolution at this time and considering the execution and
budget changes at another time.
The motion was approved by the following vote:
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AYES: Councilmembers Morena, Winterer, Jara,
Mayor Davis
NOES: Councilmembers Himmelrich, McKeown
ABSENT: Mayor Pro Tem O’Day
ORDINANCES:
SUSTAINABILITY
7.A. Introduction and first reading of an ordinance creating Article
12 of the Santa Monica Municipal Code titled "Sustainability" to
integrate new ordinances related to sustainability and protecting the
rights of natural environments, was presented.
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached ordinance creating Article 12
of the Santa Monica Municipal Code titled “Sustainability”
(Attachment A) related to sustainability and protecting the rights of
natural environments, moving Santa Monica Municipal Code
Chapter 4.75 to Article 12, and repealing Santa Monica Code
Chapters 5.16, 5.28, 5.36, and 7.08.
2. Consider the Task Force on the Environment’s request that Council
direct staff to evaluate the feasibility of developing and implementing
a process for staff to determine the consistency of proposed projects,
policies, and ordinances that meet a certain threshold with the City’s
Sustainability Rights ordinance and the staff recommendation against
initiating such a study at this time.
Questions asked and answered of staff included who directed staff to suspend
reporting; was there discussion of incorporating existing ordinance under the
auspices of the new Sustainability chapter in the Municipal Code; does the
Office of Sustainability think that this method of incorporating into the
metrics is really as effective as the Task Force on the Environment and the
original ordinance contemplated which was a biennial report to make sure
the City is consistent regarding sustainability; why does the staff
recommendation not endorse the Task Force on the Environment’s
recommendation; what are the middle ground points that the City Manager
and the Task Force on the Environment can agree upon; what is an acceptable
timeline for implementing such an ordinance; when would the first biennial
report be available; is there a way to implement this in a way to ensure future
Councils and staff are equally committed to sustainability; if this ordinance
is a process tool; and, are we able to pose a consistency standard at this time.
Members of the public Denise Barton, Laura Johnson, Dr. Mark Gold,
Ruthann Shanley, Jerry Rubin, and Cris Gutierrez, spoke generally in
opposition to the recommended action.
Considerable discussion ensued on topics including, but not limited to:
workflow; timeline; capacity; composition of the Task Force on the
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Environment; and, inclusion.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, 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 Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to consider the Task Force on the Environment’s request that
Council direct staff to evaluate the feasibility of developing and
implementing a process for staff to determine the consistency of proposed
projects, policies, and ordinances that meet a certain threshold with the City’s
Sustainability Rights ordinance and the staff recommendation against
initiating such a study at this time.
The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
STAFF
ADMINISTRATIVE
ITEMS:
PARKLET PROGRAM
8.A. Review and update Parklets Pilot Program, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review and discuss the Main Street Parklet Pilot Program, and
consider closing out the City-funded Parklet component;
2. Review and provide direction to staff regarding partial revision and
extension of the Parklet Pilot Program to other locations throughout
the city;
3. Authorize the City Manager to negotiate and execute an extension of
the existing operator Agreement No. 10858 (CCS) with Holy
Guacamole, LLC (dba Holy Guacamole) and Agreement No. 10859
(CCS) with One Red, LLC (dba Ashland Hill) until June 30, 2020;
and
4. Authorize the City Manager to negotiate and execute operator
Agreement No. 10860 (CCS) with Jamesons SM, LLC (dba
Jamesons), the new owners of the restaurant formerly known as Finn
MCCool’s, to operate and maintain the parklet located adjacent to
Jamesons until June 30, 2020.
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Members of the public Anthony Schmit and Hunter Hall spoke generally in
favor of the recommended action.
Questions asked and answered of staff included: cost of parklets; types of
criteria; how service would work; amount of seating space for restaurants;
the ability to serve beverages to customers while they wait for restaurant
seating; and, parking and safety concerns.
Considerable discussion ensued on topics including, but not limited to: size
of parklets; privatization; hours of operation; option for businesses to opt-out
of having parklets outside their locations; and, incentivizing businesses to
engage in the program.
Motion by Councilmember Winterer, seconded by Councilmember Morena,
to approve the staff recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
CITY YARDS 8.B. First Modification to Guaranteed Maximum Price Contract with
Hathaway Dinwiddie Construction Company and Award RFP to
Twining Consulting for Deputy and Material Testing Inspection
Services for City Yards Modernization Project, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a Guaranteed
Maximum Price (GMP) first amendment to Design-Build Contract
No. 10371(CCS) in the amount of $37,000,000 with Hathaway
Dinwiddie Construction Company, a California-based company, for
construction services for laying underground foundations and site
utility work for the City Yards Modernization – Package A Project
for the Public Works Department. This will result in a five-year
amended agreement with a new total amount not to exceed
$47,000,000;
2. Award RFP#SP2396 to Twining Consulting, a California-based
company, to provide deputy and material testing inspection services
for the City Yards Modernization for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Agreement No.
10861 (CCS) with Twining Consulting in an amount not to exceed
$888,216 (including a 20% contingency) over a four-year period;
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
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5. Adoption of Resolution No. 11178 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DECLARING THE CITY’S OFFICIAL
INTENT TO REIMBURSE EXPENDITURES FROM THE
PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY
OF SANTA MONICA, A RELATED PARTY OR OTHER
AFFILIATE, AND APPROVING CERTAIN RELATED
ACTIONS.”
Member of the public Denise Barton spoke generally in opposition to the
recommended action.
Questions asked and answered of staff included: will all services be fully
operational during construction and in case of any construction stoppage,
where fire training and recycling facility would be located; how priorities in
construction were decided; health and safety concerns with the landfill; and,
costs and staffing capacity concerns.
Motion by Councilmember Winterer, seconded by Councilmember Morena,
to adopt the staff recommendation was approved by the following vote:
AYES: Councilmember Morena, Himmelrich, McKeown, Winterer,
Jara, and Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
Motion by Councilmember Jara, seconded by Councilmember Himmelrich,
to adopt the resolution, reading resolution by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmember Jara, Winterer, McKeown, Himmelrich,
Morena, and Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem O’Day
PUBLIC INPUT: Members of the public Dorothea Orgo, Lee Wasserwald, Denise Barton,
Adam Holt, Laura Ceballos, Zak Alvarez, and David Gomez commented on
various local issues.
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ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:48 p.m. in
memory of retired Santa Monica Fire Chief Thomas Tolman, anthropologist,
archaeologist, historian of science, educator and Santa Monica resident Jacob
Gruber, and retired Samohi teacher and track and field coach Patrick Cady.
ATTEST: A P P R O V E D :
Nikima S. Newsome Gleam Davis
Assistant City Clerk Mayor
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