m20191217.pdf 1 December 17, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 17, 2019
A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 4:35 p.m., on
Tuesday, December 17, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich (arrived at 4:43 p.m.)
Councilmember Greg Morena
Councilmember Ted Winterer
Absent: Councilmember Ana M. Jara
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
Councilmember
Himmelrich arrived at
4:43 p.m.
On order of the Mayor, the City Council convened at 4:35 p.m., with all members
present except Councilmembers Jara and Himmelrich. Deputy City Manager
Anuj Gupta led the assemblage in the Pledge of Allegiance.
AGENDA
MANAGEMENT
The Mayor announced that staff has requested Item 7.A. be postponed to a future
meeting. There being no objection, Item 7.A. was pulled from the agenda with a
consensus of the Council, with Councilmember Jara absent.
CLOSED SESSIONS
Members of the public Micah Michalski (time donated by Tarsha Davis), Erskins
Robinson (time donated by Eric Dixon), Margarita Verduzco (time donated by
Mauricio Quesada), Ramon Barba, and Oscar de la Torre commented on closed
sessions.
On order of the Mayor, the City Council recessed at 4:53 p.m., to consider closed
sessions and returned at 8:07 p.m., with Councilmember Jara absent, to report the
following:
1.A. Public Employee Evaluation:
Title: City Manager
The City Attorney advised this matter was heard with no reportable action taken.
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
2 December 17, 2019
1.B. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Lori Gentles, Chief People
Officer-HR, Human Resources Manager Shawn Weiske, and Outside
Counsel Laura Kalty, Bargaining Unit: Coalition of Santa Monica City
Employees (CSMCE).
The City Attorney advised this matter was heard with no reportable action taken.
1.C. Conference with Real Property Negotiator (Government Code Section
54956.8) -- Property: 1328 Second Street, Santa Monica, California;
City Negotiators: Andy Agle, Director of Housing and Economic
Development, and Barbara Collins, Housing Manager;
Under Negotiation: Interest in Real Property, including loan terms; Parties:
Step Up on Second, LP, and Step Up on Second Street, Inc.
The City Attorney reported out the deed trust settlement.
The City Council agreed to subordinate the City’s existing deeds of trust in the
affordable housing project known as Step Up On Second Street, located at 1328
Second Street. The City’s deeds of trust issued city loans in the amount of
$1,331,252 and $2,314,674 respectively, and will be subordinated to the deed of
trust secured by Wilmington Trust, a national banking association, to secure bond
proceeds in the amount of $9,000,000 pursuant to a new loan agreement. The
proceeds will facilitate among other things the rehabilitation of the property at
1328 Second Street. In consideration for the City’s subordination of its deeds of
trust, the non-profit entities constituting Step-Up have agreed to extend the term
of the City’s existing regulatory agreement for 55 years, subordinate all other debt
to the City’s debt, deposit additional operational cash flow d into a reserve
account for the benefit of the property and implement specified rehabilitation of
the property.
1.D. Conference with Legal Counsel – Existing Litigation – Litigation has
been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Mark Smith, et al. v. City of Santa Monica, FAA Docket No. 16-16-02.
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):
Shu Chang v. City of Santa Monica, Los Angeles Superior Court, Case No.
BC 702558.
The City Attorney advised this matter was heard with no reportable action taken.
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
3 December 17, 2019
1.F. Conference with Legal Counsel – Existing Litigation – Litigation has
been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Alfonso Lara v. City of Santa Monica, Los Angeles Superior Court, Case No.
BC 693323.
The City Attorney advised this matter was heard with no reportable action taken.
1.G. 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.H. Conference with Legal Counsel – Existing Litigation – Litigation has
been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Jerry Vergara v. City of Santa Monica, Los Angeles Superior Court, Case
No. BC 684705.
The City Attorney advised this matter was heard with no reportable action taken.
AGENDA
MANAGEMENT
On order of the Mayor, Item 7.A. was postponed to a later date. All of the Board
and Commission appointments were postponed until there is a full Council.
SPECIAL AGENDA
ITEMS:
2.A. City Manager's Report: Economic Sustainability Strategy (Santa
Monica 2050), was presented.
REPORT ON
COUNCIL TRAVEL
There was nothing to report on Council travel.
CONSENT
CALENDAR:
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
There was no one present for public comment on the consent calendar.
At the request of Councilmember Morena, Item 3.B. was removed from the
Consent Calendar.
Motion by Councilmember Winterer, seconded by Councilmember Davis, to
approve the Consent Calendar except for Item 3.B., reading resolutions by title
only and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Jara
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
4 December 17, 2019
WATER PROJECTS 3.A. Award Request for Proposal and enter into Agreement with Walsh
Construction Co. II, LLC for Design-Builder Services 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 #SP2602 to Walsh Construction Company II, LLC, an Illinois-
based company, for design-build services for the Olympic Well Field
Restoration and Arcadia Water Treatment Plant Expansion Project;
2. Authorize the City Manager to negotiate and execute design-build services
Agreement No. 10981 (CCS) with Walsh Construction Company II, LLC
in an amount not to exceed $5,063,001 to provide design services for the
Olympic Well Field Restoration and Arcadia Water Treatment Plant
Expansion Project, including engineering, permitting, preparation of
construction documents, and submittal of a guaranteed maximum price for
construction services;
3. Authorize the Director of Public Works to issue any necessary change
orders to complete additional work within contract authority; and
4. Authorize budget changes as outlined in the Financial Impacts and Budget
Actions section of this report.
FIRE STATION 3.C. Fire Station No. 1 Design Contract Modification for Additional
Construction Administration Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute an eighth modification to agreement #9660 (CCS) in the amount of
$300,000 with Rob Wellington Quigley, FAIA, a California-based company, for
additional construction administration services on the City Fire Station No. 1
project for the Public Works Department. This will result in an amended
agreement with a new total amount not to exceed $2,125,219.
SIDEWALK REPAIR 3.D. Award Bid and enter into a Construction Contract with Caliba Inc.
for City Sidewalk Repair Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2573 to Caliba Inc., a California-based company, to
provide construction services for Citywide Sidewalk Repair Project for the
Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No. 10982
(CCS) with Caliba Inc., in an amount not to exceed $1,352,450 (including
a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary change
orders to complete additional work within contract authority.
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
5 December 17, 2019
SEISMIC RETROFIT 3.E. Approval of First Modification to Contract #10637 (CCS) with JAS
Pacific, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate
and execute a first modification to agreement #10637 (CCS) in the amount of
$300,000 with JAS Pacific Corporation, a California-based company, for seismic
retrofit plan review services for the Planning and Community Development
Department. This will result in a three-year amended agreement with a new total
amount not to exceed $425,000, with future year funding contingent on Council
budget approval.
JONATHAN CLUB 3.F. Approval of Jonathan Club Lease Extension, was approved and
adopted.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute an Amended and
Restated Permit for Improvements and Lease Option Agreement No.
10983 (CCS) with the Jonathan Club, a California non-profit corporation,
to extend the lease on the following terms: (i) a 10 year extension, with
two options to extend for 10 and 11 years, respectively, subject to
conditions; (ii) leasehold size of 52,794 square feet; (iii) annual rent of
$290,367, subject to CPI; (iv) annual contributions of $100,000 for capital
improvements, subject to CPI; (v) a one-time payment of $575,000 in
exchange for the City's release of claims; and (vi) additional compliance
measures.
2. Adopt attached Resolution No. 11219 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
ENTER INTO AN AMENDED AND RESTATED PERMIT FOR
IMPROVEMENTS AND LEASE OPTION AGREEMENT WITH THE
JONATHAN CLUB”.
PIER BRIDGE
REPLACEMENT
PROJECT
3.B. Pier Bridge Replacement Project Design Contract Modification, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a fourth
modification to agreement #9642 (CCS) in the amount of $750,000 with
T.Y.LIN International, a California-based company, for environmental
services in support of the Pier Bridge Replacement Project, for the Public
Works Department. This will result in a new total amount not to exceed
$2,000,000, with future year funding contingent on Council budget
approval.
2. Authorize budget changes as outlined in the Financial Impacts & Budget
Actions section of this report.
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
6 December 17, 2019
Councilmember Morena
was excused at 8:32 p.m.
Councilmember Morena pulled Item 3.B. to avoid any conflicts of interest with
his family-owned business on the Pier.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day, to
approve the staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Winterer, Davis, Himmelrich,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmembers Jara, Morena
ORDINANCES:
ZONING
7.A. Introduction and First Reading of an Ordinance Amending Chapter
9.18 and Chapter 9.19 of the City's Zoning Ordinance and Amending the
City's Official Districting Map for Properties with Frontage Along Pico
Boulevard between Euclid Street and Centinela Avenue to Establish the Pico
Boulevard Overlay District, was postponed at request of staff.
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
amending the City’s Zoning Ordinance to:
• Amend Santa Monica Municipal Code Chapters 9.18 and 9.19 to establish
the Pico Boulevard Overlay District;
• Amend Santa Monica Municipal Code Section 9.51.030 to establish a use
classification for food halls to be conditionally permitted in the overlay
district only; and
• Amend the Official Districting Map to show the geographic location of the
Pico Boulevard Overlay District.
STAFF
ADMINISTRATIVE
ITEMS:
BOARDS AND
COMMISSIONS
Councilmember Morena
returned at 8:33 p.m.
8.A. Boards and Commissions Discussion, was presented.
Recommended Action
Staff recommends that the City Council:
1) Review and comment on staff recommendation to change the status of the
Environmental Task Force to a permanent commission with the same term
limits as other boards and commissions.
2) Review and comment on staff recommendations for changes to the general
policies and procedures governing boards, commissions and task forces to:
shorten the required time to complete ethics training for newly appointed
members; not allow members to serve on multiple boards, commissions or
task forces simultaneously; require boards, commissions and task forces to
utilize the same Agenda and Minutes templates as those used for the City
Council; and provide direction for the City Clerk and City Attorney to
establish required training for commission and advisory board members
and chairs, as well as establishing consistent training guidelines for staff
liaisons in order to better understand their roles and responsibilities.
3) Provide direction to the City Clerk to take the necessary steps to establish
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
7 December 17, 2019
a Community Working Group to provide a comprehensive review of all
boards and commissions in consultation with the City Manager and City
Attorney and come back to Council with recommendations and
suggestions for best practices, including consideration of consolidation for
boards and commissions with duplicate or similar purviews.
4) Discuss and direct the City Clerk to work with the City Manager and City
Attorney to prepare an ordinance and/or resolution for a ballot measure to
remove from the City Charter and add to the Municipal Code, all
provisions authorizing certain boards and commissions that are currently
in the City Charter, thereby making it easier to make future changes to the
enabling provisions for these bodies.
5) Adopt attached Resolution No. 11220 (CCS) entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS,
COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY
BOARDS, AND REPEALING RESOLUTION NUMBER 11034 (CCS)”.
Questions asked and answered of staff included: were other departments brought
into this discussion to provide feedback, and what is the cost for business cards.
Members of the public Nancy Coleman (representing the Social Services
Commission), June Hagen (representing the Disabilities Commission), Bill
Parent, Olga Zurawska (time donated by Davis Morris), Michael Louis (time
donated by Deforrest Wright), Zina Josephs, Dolores Sloan, Kay Ambriz, and
Gary Bright spoke on the recommended action.
Considerable discussion ensued on topics including, but not limited to: the
working group should include some staff to explain what is involved with staffing
a commission; some realignment is called for, but possibly under a different
structure; strengthening the Conflict of Interest rules; strengthening the ex-parti
rules and making sure that those rules are communicated; trainings are necessary
to make sure that everyone is on the same page; good idea to get the community
working group started; what is the purposes, legal changes for each body; adding
equity and sexual harassment training and how to apply it to their roles; maybe
have the Working group form and come back with recommendations; concerns
that an outside consultant would choose the community working group; have a
different selection process; business cards are a small thing that boards and
commission members should be able to have considering they are volunteers;
need to do more communication to reach out to other members of the community
to bring in a more diverse group of citizens; it shouldn’t be an insider game to be
appointed, it should be more diverse with a new, better commission structure; the
effectiveness of the boards and commissions is critical in how information flows
through the process; important to address absenteeism and set guidelines and
rules; give people the breathe of how civil service works is important, including
trainings and workshops; let the working group go out and do its thing and then
come back to Council; boards and commissions as part of their trainings need to
regularly review and be reacquainted with their rules to understand what they are
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
8 December 17, 2019
tasked to do; and, training should be specific to include ethics.
Motion by Councilmember Winterer, seconded by Councilmember Morena, to
change the status of the Environmental Task Force to a permanent commission
with the same term limits as other boards and commissions.
There were concerns expressed about the Task Force on the Environment being
subjected to term limits and a preference to have this decision being held off and
taken under consideration by the consultant and community working group.
Substitute motion by Councilmember Winterer, seconded by Councilmember
Davis, to move forward with the recommendation, but that the final ordinance
come back to Council after receiving input from the working group. The motion
was unanimously approved by voice vote, with Councilmember Jara absent.
Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to
adopt Resolution No. 11220 (CCS) incorporating the proposed changes referenced
in recommended action numbers 2 and 5 to the general policies and procedures
governing boards, commissions and task forces, with the stipulation that Section 12
of the resolution be reviewed by the working group. The motion was approved by
the following vote:
AYES: Councilmembers Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Jara
Motion by Councilmember Winterer, seconded by Councilmember Davis, to
provide direction to the City Clerk to take the necessary steps to establish a
Community Working Group to provide a comprehensive review of all boards and
commissions in consultation with the City Manager and City Attorney, and come
back to Council with recommendations and suggestions for best practices, including
consideration of consolidation for boards and commissions with duplicate or similar
purviews. Direction that the working group be selected by staff from the City
Clerk, City Attorney, and City Manager’s offices, and that the working group be
comprised of at least one acting board member and at least one current staff liaison
member.
Question asked and answered of staff whether or not the City Attorney’s Office will
have staff present at these meetings to make sure that all legal issues are being
addressed with the working group.
The motion was restated and approved unanimously by voice vote, with
Councilmember Jara absent.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, to
provide direction to the City Clerk to work with the City Manager and City Attorney
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492
9 December 17, 2019
to prepare an ordinance and/or resolution for a ballot measure to remove from the
City Charter and add to the Municipal Code, all provisions authorizing certain
boards and commissions that are currently in the City Charter, thereby making it
easier to make future changes to the enabling provisions for these bodies. The
motion was unanimously approved by voice vote, with Councilmember Jara absent.
COUNCILMEMBER
DISCUSSION ITEMS:
HOUSING
COMMISSION
13.A. Appointment to one unscheduled vacancy on the Housing Commission
for a term ending on 6/30/2021, was continued to January 14, 2020.
YEAR-END
APPOINTMENTS
13.B. Year-End Appointments to Boards and Commissions for terms ending
December 30, 2019, was continued to January 14, 2020.
Board/Commission
# of
Vacancies
Term
Ending Requirements
Clean Beaches & Ocean
Parcel Tax Citizens
Oversight Committee
2
12/31/2021
Santa Monica resident
Metropolitan Water
District
1
12/31/2023
-
Santa Monica Pier
Corporation
3
12/31/2023
Reside, work, or do
business in Santa Monica.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:53 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
DocuSign Envelope ID: E668F5DA-87CE-4180-80AB-76ADC955D492