m20190108.pdf
1 January 8, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 8, 2019
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30 p.m., on
Tuesday, January 8, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Terry O’Day (arrived at 5:31 p.m.)
Councilmember Sue Himmelrich
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
Mayor Pro Tem O’Day
arrived at 5:31 p.m.
On order of the Mayor, the City Council convened at 5:31 p.m., with all
members present except Mayor Pro Tem O’Day. City Attorney Lane Dilg
led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Member of the public Denise Barton commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:33 p.m., to consider
closed sessions and returned at 6:44 p.m., with all members present, to
report the following:
1.A. 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 is an anticipated exposure to litigation.
SAMO Apartments LLC has threatened litigation against the City and the
Housing Authority regarding application of the maximum exception
payment standard approved by the U.S. Department of Housing and Urban
Development (HUD) in 2016 for Section 8 voucher holders. The City
Attorney’s Office recommended a settlement to this potential litigation
without litigation, and without conceding the legal position of the city and
the Housing Authority. The terms of this settlement would include
application of the most current maximum exception payment standard
approved by HUD for the Section 8 program for all new voucher holders,
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and application of the Housing Assistance Payment (HAP) contract rental
amount in place at the time of settlement for voucher holders with HAP
contracts executed prior to that date. The settlement would also provide the
city with two weeks to refer perspective tenants to SAMO properties when
vacancies arise and implementation of the city’s live-work preference for
tenant selection.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day,
to approve Settlement No. 10799 (CCS). The motion was approved by the
following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
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
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation declaring January 22-24, 2019 as Homeless Count
Week in the City of Santa Monica, was presented by the Mayor.
2.B. Acceptance of Councilmember Vazquez's resignation, declare
vacant seat, and discuss options to fill vacancy, was presented.
Recommended Action
Staff recommends that the City Council accept Councilmember Vazquez’s
letter of resignation, adopt attached Resolution No. 11157 (CCS) entitled,
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DECLARING A VACANCY ON THE CITY COUNCIL” and
discuss next steps for filling the vacancy in accordance with Section 603 of
the City Charter, and direct staff accordingly.
Questions asked and answered of staff included: for transparency reasons,
will these applications be immediately available for anybody in the public
to see; is it illegal to have a secret ballot vote; and is the application
prepared and ready to go.
Members of the public Mary Marlow and Jerry Rubin spoke on the
recommended action.
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The City Attorney stated a few typographical errors with the dates on the
resolution, but that those errors will be corrected.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O’Day, to adopt the resolution declaring a vacancy on the city council. The
motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O’Day, to approve the staff recommendation to open an online application
process to fill the Council vacancy beginning January 8, 2019 through
January 17, 2019 for consideration at the regular January 22, 2019 meeting.
If for some reason a decision is not made at the January 22nd meeting,
Council will have the option to continue the selection and call for a Special
meeting to make an appointment. If a selection is not made a Special
meeting within 30 days, in accordance with the City Charter, the Council
will have to call for an election to fill the vacancy.
Councilmember McKeown, proposed a friendly amendment to only
consider persons who have filed online applications that are visible to the
public. The motion was considered friendly by seconder. The motion was
unanimously approved by voice vote, with all councilmembers present.
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.
Member of the public Mary Marlow commented on various Consent
Calendar items.
The City Manager disclosed for Item 3.C. that his ex-spouse is married to a
principle in one of the subcontracting firms that has been awarded this
contract, and that he had no involvement in the selection process.
At the request of Councilmember McKeown, Item 3.D. was pulled, and at
the request of Councilmember Himmelrich, Item 3.E, was removed from
the Consent Calendar.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O’Day, to approve the Consent Calendar except for Items 3.D and 3.E,
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reading resolutions 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: None
ABSENT: None
BIG BLUE BUS 3.A. Award Construction Contract for the Big Blue Bus Facilities
Upgrades and Renovations Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid # SP2501 to Thomco Construction, Inc., a California-
based company, for the construction of the Big Blue Bus Facilities
Upgrades and Renovations Project.
2. Authorize the City Manager to negotiate and execute Agreement
No. 10797 (CCS) with Thomco Construction, Inc. in an amount not
to exceed $1,752,320 (includes a 30% contingency).
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
DUMP TRUCK BID 3.B. Award Bid to Frontier Ford for Up to Three 4-Yard Dump
Trucks, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4359 to Frontier Ford, a California-based company, for
the purchase and delivery of up to three 4-yard compressed natural
gas (CNG) dump trucks for the Public Works Department;
2. Authorize the Procurement Manager to issue a purchase order with
Frontier Ford for the purchase and delivery of two 4-yard CNG
dump trucks in the amount not to exceed $196,336, with future year
funding contingent on Council budget approval; and
3. Authorize the Procurement Manager to issue any necessary change
orders to the purchase order in an amount not to exceed $98,168 for
the purchase of up to one additional vehicle within 12 months after
receipt of the purchase order, at the same price terms and
conditions, to replace additional vehicles identified as needing
replacement or those vehicles damaged beyond repair during the
course of City business. This would result in a revised purchase
order total amount not to exceed $294,504, with future year funding
contingent on Council budget approval.
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WILSHIRE BOULEVARD
CORRIDOR
3.C. Award Contract for Wilshire Boulevard Corridor Safety
Enhancement Study, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #193 to Toole Design Group to provide consulting
services for the Wilshire Boulevard Corridor Safety Enhancement
Study.
2. Authorize the City Manager to negotiate and execute Agreement No.
10798 with Toole Design Group, in an amount not to exceed
$510,000 for two years
POLICE EQUIPMENT 3.D. Purchase of Video Storage System for the Police Department’s
closed-circuit television (CCTV) system, was presented.
Recommended Action
Staff recommends that the City Council
1. Award Bid # 4374 to Integrated Media Technologies, Inc, a
California-based company for the purchase of a video storage
system for the Police Department’s closed-circuit television
(CCTV) system.
2. Authorize the Procurement Manager to issue a purchase order with
Integrated Media Technologies, Inc. for a video storage system,
which includes three years maintenance, for the Police Department
CCTV system in the amount not to exceed $550,750.
3. Authorize budget changes as outlines in the Financial Impacts &
Budget Actions section of this report.
This item was pulled by Councilmember McKeown to ask the questions on
the length of archiving the videos, and whether the retention was still 90
days.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O’Day, to approve the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
DEVELOPMENT
IMPACT FEES
3.E. Annual Reporting of Development Impact Fees, was presented.
Recommended Action
Staff recommends that the City Council review and accept the FY 2017-18
Annual Reporting of Development Impact Fees per the Mitigation Fee Act
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(Government Code 66000-66025) and the FY 2017-18 Childcare Linkage
Fee Report per SMMC Section 9.65.
This item was pulled by Councilmember Himmelrich to hear how the water
neutrality fee is helping to mitigate new water uses.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
O’Day, to approve the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ORDINANCES:
WIRELESS SERVICE
FACILITIES
Mayor Davis was excused
at 7:16 p.m.
7.A. Second Reading and Adoption of Ordinance No. 2595 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA REPEALING AND REPLACING IN ITS
ENTIRETY THE TEXT OF SANTA MONICA MUNICIPAL CODE
CHAPTER 7.70 PERTAINING TO PERSONAL WIRELESS SERVICE
FACILITIES IN THE PUBLIC RIGHT-OF-WAY”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Mayor Davis recused herself due to a possible conflict of interest.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to adopt 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
NOES: None
ABSENT: Mayor Davis
ENFORCEMENT
AUTHORITY
Mayor Davis returned
at 7:17 p.m.
7.B. Second Reading and Adoption of Ordinance No. 2596 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE CHAPTERS 4.62 AND 4.63 TO ENHANCE INVESTIGATORS’
ENFORCEMENT AUTHORITY AND ACCESS TO RECORDS”, was
presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
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Motion by Councilmember Winterer, 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 Morena, Himmelrich, McKeown, Winterer,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
NEW DEVELOPMENT
WATER USAGE
7.C. Second Reading and Adoption of Ordinance No. 2597 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA REPLACING AND RESTATING IN ITS
ENTIRETY THE TEXT OF SANTA MONICA MUNICIPAL CODE
SECTION 7.16.050 TO REQUIRE THAT NEW DEVELOPMENT OFF-
SET WATER USE ON-SITE OR OFF-SITE, OR, ALTERNATIVELY,
PAY THE CITY AN IN-LIEU FEE TO FUND RETROFITTING OF
PLUMBING FIXTURES OFF-SITE”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to adopt 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: None
ABSENT: None
PARK AND BEACH
REGULATIONS
7.D. Second Reading and Adoption of Ordinance No. 2598 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING CHAPTERS 4.55 AND 4.68 OF THE
SANTA MONICA MUNICIPAL CODE RELATED TO PARK AND
BEACH REGULATIONS AND COMMUNITY EVENTS”, 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.
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The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ZONING 7.E. Introduction and Adoption of Emergency Interim Ordinance
No. 2599 (CCS) entitled, “AN EMERGENCY INTERIM ZONING
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2592 (CCS) 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 ordinance extending interim regulations for the demolition permit
review process relating to the preservation of historic resources
(Attachment A).
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to introduce and adopt 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,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
THIRD STREET
PROMENADE
7.F. Introduction and Adoption of Urgency Interim Ordinance No.
2600 (CCS) entitled, “AN URGENCY INTERIM ZONING
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING URGENCY INTERIM ORDINANCE NUMBER
2594 (CCS) CREATING USE CLASSIFICATIONS FOR
RESTAURANT, FAST FOOD AND RESTAURANT, LIMITED-
SERVICE AND TAKE-OUT FOR THE BC (THIRD STREET
PROMENADE) DISTRICT AND PROHIBITING RESTAURANT, FAST
FOOD IN ESTABLISHMENTS WITH FRONTAGE ON THE THIRD
STREET PROMENADE”, was presented.
Recommended Action
Staff recommends that the City Council adopt an urgency interim ordinance
extending an urgency interim ordinance prohibiting fast food restaurants on
the Third Street Promenade.
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Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to introduce and adopt 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: None
ABSENT: None
RELOCATION FEES 7.G. Introduction and first reading of an ordinance amending
Section 4.36.040 of the Santa Monica Municipal Code to revise
regulations pertaining to permanent relocation benefits and adoption
of Resolution No. 11158 (CCS) entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA UPDATING
PERMANENT AND TEMPORARY TENANT RELOCATION FEES”,
was presented.
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached Ordinance amending Santa
Monica Municipal Code Section 4.36.040 revising regulations
pertaining to permanent relocation benefits (Attachment A); and
2. Adopt a Resolution of the City of Santa Monica establishing
Permanent and Temporary Relocation fees (Attachment B).
Member of the public Janet Gagnon spoke generally in opposition to the
recommended action.
Questions asked and answered of staff included, are there any changes to
the pet cost and fees, and, are the relocation fees based on actual cost.
Considerable discussion ensued on topics including, but not limited to,
questions have come up on why this doesn’t address the real rental cost in
Santa Monica when coming up with these figures.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
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Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to adopt the resolution setting permanent and temporary
relocation fees. The motion was approved by the following vote:
AYES: Councilmembers Winterer, McKeown, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
AGENDA
MANAGEMENT
On order of the Mayor, Items 13.A. and 13.B. were heard before Item 9.A.,
to allow staff time to arrive for the presentation.
COUNCILMEMBER
DISCUSSION ITEMS:
AUDIT SUBCOMMITTEE
13.A. Appointment to two unscheduled Councilmember vacancies on
the Audit Subcommittee, was presented.
There were no members of the public present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer, nominated himself and Councilmember Morena.
There being no other nominations, Councilmembers Morena and Winterer
were appointed to the Audit Subcommittee by acclamation.
SANTA MONICA
SYMPHONY
ASSOCIATION
13.B. Request of Mayor Davis, Mayor Pro Tem O'Day, and
Councilmember Morena to contribute $15,000 of council discretionary
funds to the Santa Monica Symphony Association to commemorate
and sponsor the 75th Anniversary of the Santa Monica Symphony.
The allotted funds would be matched by other fundraising efforts by
the Santa Monica Symphony Association, was presented.
There were no members of the public present.
Motion by Councilmember Morena, seconded by Mayor Pro Tem O’Day,
to adopt the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Winterer, McKeown, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
RECESS On order of the Mayor, Council recessed at 7:40 p.m. and returned at 7:46
p.m. to continue the meeting.
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PUBLIC HEARINGS:
WATER RATE
9.A. 2019 Water Rate Adjustment, was presented.
Recommended Action
Staff recommends that the City Council authorize a 9% water rate increase
to go into effect on January 1, 2019.
Members of the public Denise Barton, Ellis Raskin and Judy Abdo, spoke
on the recommended action.
Questions asked and answered of staff included: questions about the multi-
family customer, and how that increase would be passed on to customers; is
there a range of prices, and will the rates be higher for older buildings that
are less water efficient; discussing the infrastructure, how do sink holes and
pipe burst happen; can the Council see full maps from the water study; and,
are there any shutoff valves in water.
Motion by Councilmember McKeown, seconded by Councilmember
Morena, to adopt the staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Winterer, McKeown, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton, Patrick O’Rourke, and Jerry Rubin
commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 8:21 p.m. in
memory of James Kyung.
ATTEST: A P P R O V E D :
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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