m20200211.pdf
1 February 11, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 11, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:35 p.m., on
Tuesday, February 11, 2020, at Civic Center - East Wing, 1855 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
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 5:35 p.m., with all
members present. Assistant City Clerk Nikima Newsome led the
assemblage in the Pledge of Allegiance
AGENDA
MANAGEMENT
The Mayor announced that staff has requested Item 7.C. be postponed to a
future meeting. There being no objection, Item 7.C. was pulled from the
agenda with a consensus of the Council.
CLOSED SESSIONS
Members of the public Liz Bar-El commented on closed sessions.
Councilmember Jara recused herself from Item 1.E. to avoid the
appearance of a conflict of interest because her daughter works for the city.
On order of the Mayor, the City Council recessed at 5:40 p.m., to consider
closed sessions and returned at 7:05 p.m., with all members present, 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): Gamliel v. City of Santa Monica, Case No.
BC715676.
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The City Attorney reported that Mr. Gamliel filed this lawsuit after injuring
himself on his bicycle on Montana Avenue. The City disputes and denies
the allegations contained in litigation but to avoid the expense and burden
of further litigation, the City Attorney recommends settlement in the
amount of $90,000.
Motion by Councilmember Himmelrich, seconded by Councilmember
Davis, to approve Settlement No. 10996 (CCS) in the amount of $90,000
by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
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):
Rogelio Monroy v. City of Santa Monica, et al., Los Angeles Superior
Court, Case No. 19STCV10640; Elizabeth Esquivias v. City of Santa
Monica, et al., Los Angeles Superior Court, Case No. 19STCP03381;
Jose Zaldivar v. City of Santa Monica, et al., Los Angeles Superior
Court, Case No. 19STCP03458; John Doe #1, et al. v. Roe #1, et al., Los
Angeles Superior Court, Case No. 19STCV34374; John CU Doe, et al.
v. City of Santa Monica, et al., Los Angeles Superior Court, Case No.
19STCV02840; John Moe v. Roe #1, et al., Los Angeles Superior
Court, Case No. 20STCV01139; John UT Doe, et al. v. Defendant Doe
1, et al., Los Angeles Superior Court Case No. 20STCV04408.
The City Attorney advised 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): Claims against City:
Claim No. 18-629, claimant R.M.;
Claim No. 18-684, claimant E.E.;
Claim No. 19-019, claimant J.Z.;
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;
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Councilmember Jara was
excused at 5:40 p.m.
Councilmember Jara
returned at 6:28p.m
Claim No. 19-146, claimant John Doe 7;
Claim No. 19-156, claimant A.F.;
Claim No. 19-157, claimant C.M.;
Claim No. 19-158, claimant J.M.;
Claim No. 19-159, claimant J.L.;
Claim No. 19-258, claimant C.E.;
Claim No. 19-435, claimant J.R;
Claim No. 19-518, claimant J.G.
The City Attorney advised this matter was heard with no reportable action
taken.
1.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Santa Monica Firefighters Local 1109 IAFF v.
City of Santa Monica, Los Angeles Superior Court, Case No.
19STCV35615
The City Attorney reported that Local 1109 filed this lawsuit regarding a
Memorandum of Understanding term providing that a 48/96 work schedule
would be implemented on a one-year trial basis as soon as could be
accommodated by the City’s payroll system. The City disputes and denies
the claim in the litigation but recommends settlement to resolve the
litigation in the amount of $10,000 to Local 1099 only if 48/96 schedule
isn’t implemented on or before May 24, 2020 and for each month thereafter
if there continues to be a delay in implementing the 48/96 schedule by the
City.
Motion by Councilmember Himmelrich, seconded by Councilmember
Morena, to approve Settlement No. 10997 (CCS) in the amount of $10,000
by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.E. 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.
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AGENDA MANAGEMENT
The Mayor announced that staff has requested Item 7.C. be postponed to a
future meeting. There being no objection, Item 7.C. was pulled from the
agenda with a consensus of the Council.
SPECIAL AGENDA
ITEMS:
2.A. Los Angeles County Clerk Presentation of Voting Systems for
All People (VSAP) and the New Voting Experience, 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.
Member of the public Laurene Von Klan commented on various Consent
Calendar items.
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to
approve the Consent Calendar. The motion was approved by the following
vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
COASTAL ZONING 3.A. First Modification to Professional Services Agreement with
Rincon Consultants, Inc., for Development of the Local Coastal
Program Coastal Zoning Ordinance, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Agreement No. 10993 (CCS) for an additional
amount not to exceed $50,000 with Rincon Consultants, Inc. (“Rincon”), a
California-based company, to provide professional services for the
development of the Local Coastal Program (“LCP”) Coastal Zoning
Ordinance (“CZO”). This would result in an amended agreement that
terminates on July 31, 2021 with a new total amount not to exceed
$125,000 with future year funding contingent on Council budget approval.
HOMELAND SECURITY 3.B. Authorization to accept the 2019 Urban Area Security Initiative
(UASI) Grant Funds for Homeland Security Projects and enter into a
Subrecipient agreement with the City of Los Angeles, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount
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of $48,800 from the 2019 Urban Area Security Initiative (UASI) for
homeland security projects in the Fire Department, and to accept all
grant renewals.
2. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
RECREATION
MANAGEMENT
SOFTWARE
3.C. Third Modification to Agreement No. 10517 with The Active
Network to provide a web-based, hosted, recreation management
software system for the Community & Cultural Services Department,
was approved.
Recommended Action
Staff recommends that City Council authorize the City Manager to
negotiate and execute a third modification to agreement #10517 (CCS) in
the amount of $144,715 with The Active Network Inc. to provide a cloud-
based, hosted recreation management software system for the Community
and Cultural Services Department. This will result in an 8-year amended
agreement with a new total amount of $483,540.
LEGISLATIVE
PLATFORMS
3.D. Approval of 2020 Federal and State Legislative Platforms, was
approved.
Recommended Action
Staff recommends that the City Council approve the attached 2020 State
and Federal Legislative Agendas, which detail both the City’s historic
legislative positions and those emerging policy priorities, aligned with the
Council’s six Framework priorities.
SOFTWARE LICENSING 3.E. Amendment of Contract Awarded to ProDIGIQ for Software
Licensing and Services, was approved.
Recommended Action
Staff recommends that the City Council modify its August 2019 action to
authorize the City Manager to negotiate and execute software licensing and
services Agreement No. 10994 (CCS) with ProDIGIQ, Inc. (“ProDIGIQ”),
in an amount not to exceed $360,000 (including a $60,000 contingency) for
five years, with five additional one-year renewal options in the amount of
$72,000, on the same terms and conditions, for a total amount not to exceed
$720,000 over a ten-year period, with future year funding contingent on
Council budget approval.
MEMORIAL PARK 3.F. Award Bid and enter into a Design-Build Contract with W.E.
O'Neil Corporation for Memorial Park Redevelopment and Expansion
Project, was approved.
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Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2509 to W.E. O’Neil Corporation for the Memorial
Park Redevelopment and Expansion Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10995 (CCS) with W.E. O’Neil Corporation, in an amount not to
exceed $2,070,000 (including a $100,000 contingency) for design
services. This agreement would be the first of two phases in the
design-build delivery method, with the final construction phase being
contingent upon future Council approval;
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.
MINUTES 3.G. Minutes of City Council - Regular Meeting - January 28, 2020,
were approved.
ORDINANCES:
SHARED MOBILITY
7.A. Second Reading and Adoption of Ordinance No. 2630 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.21.090 TO EXTEND THE TERM OF THE FIRST SHARED
MOBILITY DEVICE PILOT PROGRAM TO JUNE 30, 2020, AND
CREATING SANTA MONICA MUNICIPAL CODE CHAPTER 3.22 TO
ESTABLISH A SECOND SHARED MOBILITY DEVICE PILOT
PROGRAM AND RELATED PERMITTING AND OPERATOR
SELECTION PROCESS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis, 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 Jara, Winterer, Davis, Himmelrich, Morena
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
MEDICINAL CANNABIS 7.B. Introduction for First Reading of an Interim Zoning Ordinance
Extending Interim Zoning Ordinances 2557 (CCS) and 2566 (CCS) for
Interim Changes to Standards Related to Medicinal Cannabis
Retailers and Authorizing Medicinal Cannabis Light Manufacturing,
was presented.
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Recommended Action
Staff recommends that the City Council introduce for first reading an
Interim Zoning Ordinance extending interim regulations related to
Medicinal Cannabis Retailers and permitting Medicinal Cannabis Light
Manufacturing in certain zoning districts.
Member of the public Kay Ambriz spoke generally in favor of the
recommended action.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem 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 Morena, Himmelrich, Davis, Winterer, Jara
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
MINIMUM WAGE 7.C. Introduce for First Reading an Ordinance Modifying the
Minimum Wage Law, was removed at the request of staff.
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached ordinance amending
Chapters 4.62 and 4.63 of the Santa Monica Municipal Code to
broaden the prior service charge language to regulate all surcharges,
to prohibit misleading surcharges, and to make changes clarifying
employer size calculation; and amending Sections 4.62.100,
4.63.100, and 6.20.100 of the Santa Monica Municipal Code to
remove provisions requiring mandatory reimbursement of
investigative costs upon conviction based on changes in the Penal
Code; and
2. Receive staff updates on existing minimum wage enforcement
efforts and the potential impact that Assembly Bill 5, the State law
regarding independent contractors, may have on future enforcement
efforts.
STAFF
ADMINISTRATIVE
ITEMS:
WILSHIRE BOULEVARD
8.A. Approval of the Wilshire Boulevard Safety Improvements -
Design and Phasing Plan, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve the recommendations outlined in the Wilshire Safety Study,
including but not limited to:
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a. Short-term measures to install right-turn only from stop-controlled
side streets, rectangular rapid flashing beacons, signage and
pavement marking enhancements, enhanced north-south bicycle
connections, restricted u-turns, signal timing adjustments, hot-spot
intersection enhancements, bus safety and performance
improvements, median refuge replanting, photometric assessment
and lighting, and curbside management plans;
b. Medium-term measures to install a new traffic signal, permanent
“hot-spot” improvements, curb extensions, and signal phasing
upgrades; and
c. Long-term measures to install a new traffic signal, corridor-wide
curbside management strategies, additional curb extensions,
additional bus safety and operational enhancements, and lighting
improvements.
2. Direct staff to proceed with phased implementation of the Wilshire
Safety Study recommendations.
Members of the public Jerry Rubin and Denise Barton, spoke generally in
favor of the recommended action.
Questions asked and answered of staff included: discussions regarding
possible future traffic patterns; would any of the capital improvements
being proposed interfere with the exclusive bus lanes on Wilshire; why are
the blocks located at 14th, 15th, 16th and 17th streets so hazardous; how to
ensure cyclists follow the same rules and laws of the road as motor
vehicles; how do these road restrictions effect emergency and sanitation
personnel; how do loading zones assist with safety concerns; what other
solutions have been investigated for fortifying the red zones; was the
addition of meters on the side streets considered; diamond signage vs. in
road beacons; were phasing decisions driven by costs and time to
implement and if so, how did bike lane extensions end up in phase 3; are
elevated crosswalks not a preferred safety method; is there a
communication plan/safety awareness campaign component; and will there
be a right turn only lane at 16th Street during phase 1 until the signal can be
installed.
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, Davis, Himmelrich, Morena
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
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COUNCILMEMBER
DISCUSSION ITEMS:
HOUSING COMMISSION
13.A. Recommendation to accept Loren Bloch's resignation from the
Housing Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with all members
present.
TRANSIT DANCES 13.B. Request of Mayor McKeown and Councilmembers Davis and
Morena that Council authorize up to $3000 from the Council
contingency account to Santa Monica-based 501(c)(3) non-profit
Dancessence, as matching funds to help support the fourth annual
“Transit Dances,” an artistic celebration of mobility and movement on
April 18th at each of Santa Monica’s three Expo light rail stations.
No members of the public spoke on the recommended action.
Motion by Councilmember Jara, seconded by Mayor McKeown, to adopt the
recommendation. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
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 8:47 p.m.
ATTEST: A P P R O V E D :
Nikima S. Newsome Kevin McKeown
Assistant City Clerk Mayor
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