m20200225.pdf1 February 25, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 25, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:31 p.m., on
Tuesday, February 25, 2020, 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
Councilmember Ana M. Jara
Councilmember Greg Morena (arrived at 5:34 pm)
Councilmember Ted Winterer
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 5:31 p.m., with all
members present except Councilmember Morena. Denise Anderson-
Warren led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Morena
arrived at 5:34 p.m.
Member of the public Nancy Coleman commented on public comment on
closed sessions.
On order of the Mayor, the City Council recessed at 5:36 p.m., to consider
closed sessions and returned at 6:58 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): Jose Velazquez v. City of Santa Monica, Los
Angeles Superior Court, Case No. 19STCV08374.
The City Attorney advised this matter was filed after suffering an injury as
a passenger on a Big Blue Bus. The city disputes and denies the claims in
the lawsuit but is recommending settlement to avoid the cost and expense
of litigation in the amount of $50,000.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve Settlement Agreement No. 11005 (CCS) in the amount of
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$50,000. 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
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Elizabeth Gadzimugometovas v. City of Santa
Monica, Los Angeles Superior Court, Case No. BC 693429.
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: Nine parcels at 4th Street / 5th Street and Arizona
City Negotiator: Andy Agle, Director of Housing and Economic
Development
Under Negotiation: Interest in Real Property, terms of ground lease
Parties: Clarett West Development, LLC, and DLJ Real Estate Capital
Partners, LLC.
The City Attorney advised this matter relates to on-going real property
negotiations regarding a proposed development known as the Plaza at Santa
Monica on city property located at 4th Street and Arizona Avenue. During
the final days of the 2019 Legislative session, the California Legislature
adopted amendments that expanded the reach of the Surplus Land Act. A
state law that incentivizes the use of public property for affordable housing
and other purposes. The new amendments went into effect on January 1,
2020. In connection with the adoption of these amendments, the city has
taken a number of proactive steps to confirm the impact of the Surplus
Land Act on the on-going negotiations related to 4th Street and Arizona
Avenue. On December 12, 2019, the city proactively contacted the
developer of the proposed project to understand its views, and on January
23, 2020, the city proactively contacted the California Department of
Housing and Community Development to seek clarification on whether this
Surplus Land Act applies to the underlining negotiations. In response to the
City’s request, HCD has initially opined that entering the proposed 99-year
ground lease for this property would constitute a disposition that could
trigger the requirements of the Surplus Land Act. While the city reserves its
rights with respect to interpretation of the Surplus Land Act, the city also
acknowledges that HCD is the state agency responsible for providing
guidance on and initially enforcing the Surplus Land Act. As a result, and
based on the initial response from HCD, the City Attorney’s Office now
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recommends that the City Council direct staff to halt the current
negotiations regarding the city-owned property at 4th Street and Arizona
Avenue, pending any further guidance from HCD. Staff would then return
to Council on or before April 28, 2020, in open session, for further
direction.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to direct staff to halt negotiations, pending any further
information from HCD and come back by April 28, 2020 for further
direction. 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
1.D. 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; Carlos Esquivias v. City of Santa
Monica, et al., Los Angeles Superior Court, Case No. 19STCV29827;
Jose Garcia v. City of Santa Monica, et al., Los Angeles Superior
Court, Case No. 20STC01409; Jericho Richardson v. City of Santa
Monica, et al., Los Angeles Superior Court, Case No. 19STCV29831;
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.E. 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;
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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;
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.F. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Shawn Joyner v. City of Santa Monica, BC
599994
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
2.A. Proclamation; Women's History Month, was presented by the
Mayor.
2.B. City Manager's Report: 2020 Census, was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive no compensation for meeting as the Redevelopment
Successor Agency.
CONSENT CALENDAR: There being a Consent Calendar for Council and the Redevelopment
Successor Agency, the Mayor, with the consensus of the Councilmembers,
convened to a joint meeting at 7:30 p.m., and the two Consent Calendars
were heard concurrently, with all Agency/Councilmembers present.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton commented on various Consent
Calendar items.
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At the request of Chair/Mayor Pro Tem O’Day, Item 3.A. was removed
from the Consent Calendar.
Motion by Agency/Councilmember Winterer, seconded by
Agency/Councilmember Davis, to approve the Consent Calendar except for
Item 3.A., reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Agency/Councilmembers Jara, Winterer, Davis, Himmelrich,
Morena, Chair/Mayor Pro Tem O’Day, Chair/Mayor McKeown
NOES: None
ABSENT: None
2020 SOULSTICE
FESTIVAL
3.B. Approval of Memorandum of Understanding No. 10998 (CCS)
for 2020 Soulstice Festival, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute Memorandum of Understanding No. 10998 (CCS)
with the Main Street Business Improvement Association to co-produce the
2020 Summer Soulstice festival.
GATE SERVICES 3.C. Award Bid and enter into Agreement No. 10999 (CCS) with
John H. Larkin, Inc. for Permanent Fencing and Gate Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4375 to John H. Larkin, Inc. dba Santa Monica Fence,
a California-based company, to provide permanent fencing and gate
services, installation, and maintenance for City-maintained
locations citywide;
2. Authorize the City Manager to negotiate and execute Agreement
No. 10999 (CCS) with John H. Larkin, Inc. dba Santa Monica
Fence, in an amount not to exceed $179,000 for one year, with four
additional one-year renewal options in the amount of $179,000, on
the same terms and conditions, for a total amount not to exceed
$895,000 over a five-year period, with future year funding
contingent on Council budget approval.
BIG BLUE BUS 3.D. Award Contract No. 11000 (CCS) with Swiftly, Inc. for Real-
Time Bus Arrival Information and Business Analytics Software, was
approved.
Recommended Action
Staff recommends that the City Council:
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1. Award RFP #250 to Swiftly, Inc. for a cloud-hosted Software as a
Service (SaaS) solution to generate accurate real-time schedule
information for customers at BBB stops and third parties; provide a
service performance dashboard that leverages historical data for
internal insights to improve operational efficiency for the Big Blue
Bus Department;
2. Authorize the City Manager to negotiate and execute Agreement
No. 11000 (CCS) with Swiftly, Inc., in an amount not to exceed
$444,000 for two years, with two additional 1-year renewal options
in the amount of $217,000 each, on the same terms and conditions,
for a total amount not to exceed $878,000 over a 4-year period, with
future year funding contingent on Council budget approval.
OCCUPATIONAL
SERVICES
3.E. Award Request for Proposal and enter into Agreement No.
11001 (CCS) with USMD Direct Inc. for On-Site Occupational Medical
Testing Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 244 to USMD Direct Inc. (“USMD”), a California-
based company for on-site occupational medical testing services
2. Authorize the City Manager to negotiate and execute Agreement No.
11001 (CCS) with USMD, in an amount not to exceed $400,000
over a five-year period, with future year funding contingent on
Council budget approval.
OLYMPIC BOULEVARD
IMPROVEMENTS
3.F. Award Bid and Construction Contract No. 11002 (CCS) to
Sully-Miller Contracting Company for the Olympic Boulevard
Improvements Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #2593 to Sully-Miller Contracting Company for
construction services for the Olympic Boulevard Improvements
Project for the Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
11002 (CCS) with Sully-Miller Contracting Company in an amount
not to exceed $1,613,910 (including a 15% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
DOWNTOWN PARKING
STRUCTURES
3.G. Award Construction Contract No. 11003 (CCS) for Downtown
Parking Structures Guardrail and Waterproofing Upgrades, was
approved.
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Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2516 to Metro Builders & Engineers Group, Ltd. for
construction services for the Downtown Parking Structures
Guardrail and Waterproofing Upgrades Project for the Public
Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
11003 (CCS) with Metro Builders & Engineers Group, Ltd in an
amount not to exceed $4,432,087 (no contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
4. Authorize the City Manager to negotiate and execute a first
modification to agreement #10568 (CCS) in the amount of
$335,000 with Walter P. Moore and Associates, Inc. to provide
special inspection services during construction of the Downtown
Parking Structures Guardrail and Waterproofing Upgrades Project.
This will result in an amended agreement with a new total amount
not to exceed $578,100.
POLICE CANINE 3.H. Authorization of Police Canine Retirement, was approved.
Recommended Action
Staff recommends that City Council:
1. Authorize the retirement of police service dog Kai from Police
service.
2. Authorize Kai be sold to Santa Monica Police Sergeant Phillip
DeRyck for the sum of one dollar.
REDEVELOPMENT
SUCCESSOR AGENCY
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT SUCCESSOR AGENCY
CITY INVESTMENT
POLICY
3.I. Annual Update on City Investment Policy, was approved.
Recommended Action
Staff recommends that the City Council:
1. Review and approve the City’s revised Investment Policy;
2. Extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2020 through February
28, 2021.
Staff also recommends that the Successor Agency Governing Board:
1. Review and approve the City Investment Policy for Successor
Agency Investments;
2. Extend investment authority to the Treasurer of the Successor
Agency, from March 1, 2020 through February 28, 2021.
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MINUTES 3.J. Minutes of City Council - Special Meeting - February 11, 2020,
were approved.
MINUTES 3.K. Minutes of City Council - Regular Meeting - February 11, 2020,
were approved.
RECESS OF THE
REDEVELOPMENT
SUCCESSOR AGENCY
On order of the Chair/Mayor, the special joint meeting with the
Redevelopment Successor Agency was recessed at 7:34 p.m., and the
regular meeting of the City Council was reconvened, with all members
present.
TONGVA PARK
CONCESSION
3.A. Approval of Modification to Agreement with Chez Jay to
provide exclusive concession services for Tongva Park, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to Lease Agreement #7640
(RAS) with Jay’s Tavern, Inc., doing business as Chez Jay, to provide
exclusive concession services for Tongva Park and extend the lease term
with two, five-year options resulting in a term of up to 15 years (to 2032).
All other terms and conditions of the lease remain unchanged.
This item was pulled by Mayor Pro Tem O’Day to find out what was the
process to decide on this agreement to extend the lease term.
Questions asked and answered of staff included, does the 5-year lease just
happen to coincide that the city was interested in having concessions to it;
how was it decided to extend this specific agreement; what is the difference
between a stationary and mobile vendors; and, does Chez Jay typically pay
their monthly rent or percentage rent.
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to approve the recommended action. 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
ORDINANCES:
MEDICINAL CANNABIS
7.A. Second Reading and Adoption of Interim Zoning Ordinance
No. 2631 CCS) entitled “AN INTERIM ZONING ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING
INTERIM ZONING ORDINANCES NUMBER 2557 (CCS) AND 2566
(CCS), WHICH REPLACED THE TERM “MEDICAL MARIJUANA
DISPENSARY” WITH “MEDICINAL CANNABIS RETAILER”
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THROUGHOUT THE CITY’S ZONING ORDINANCE, CHAPTER 9.01
THROUGH CHAPTER 9.52 OF ARTICLE 9 OF THE SANTA MONICA
MUNICIPAL CODE; CREATED A DEFINITION FOR “MEDICINAL
CANNABIS
RETAILER” TO REPLACE THE DEFINITION FOR “MEDICAL
MARIJUANA DISPENSARY” TO CONFORM WITH STATE LAW;
REMOVED CERTAIN REQUIREMENTS FOR MEDICINAL
CANNABIS RETAILERS FOR CONSISTENCY WITH STATE LAW
AND TO ALLOW FOR SEPARATE REGULATION AND
RULEMAKING; AND MODIFIED THE DEFINITION OF
“INDUSTRY, LIMITED” TO ALLOW FOR MEDICINAL CANNABIS
LIGHT MANUFACTURING”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
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 Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ZONING 7.B. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2632 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.15.020 AND CREATING SECTION 9.31.255 TO
ESTABLISH AND REGULATE PUBLIC SAFETY FACILITIES AS A
PERMITTED USE IN SOME BEACH AREAS WITHIN THE PARKS
AND OPEN SPACE ZONING DISTRICT”, was presented.
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency
Interim Zoning Ordinance allowing public safety facilities as a permitted
use in some beach locations within the Open Space Zoning District and
establishing interim standards to ensure land use compatibility.
Members of the public Kelsey Kroon (time donated by Walter Gonzalez)
and David Parker spoke generally in support to the recommended action.
Questions asked and answered of staff included: if we moved ahead with
this tonight can we reach back and incorporate this into the things that have
been presented to the Coastal Commission or how does that work; were all
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of the requirements mentioned met for the interim facility; what determines
necessity; in regards to the improvements that are being made, is Planning
evaluating the improvements or strictly looking at the zoning; and, if all
requirements are met, is there hope to move forward to make this
permanent.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to introduce and adopt on first reading 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
ELECTRIC VEHICLE
CHARGING
7.C. Electric Vehicle Charging Reach Code Amendments for New
Construction, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11226 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MAKING FINDINGS REGARDING LOCAL
CLIMATIC, GEOLOGICAL, TOPOGRAPHICAL, AND
ENVIRONMENTAL CONDITIONS PURSUANT TO HEALTH
AND SAFETY CODE SECTIONS 17958.7, and 18941.5 e”; and
2. Introduce for first reading the attached ordinance that adopts Santa
Monica local amendments to the 2019 California Green Building
Standards Code to support increased access to electric vehicle
charging.
There were no members of the public present.
Questions asked and answered of staff included: under all other residential,
what falls under that category, and are there any questions about breaking
that category down further; how do we compare against Berkeley; is there
thought about having requirements for smaller electrical conduits; are we
requiring solar panels on all new construction, and if so is the demand not
as expensive; and, would the increase to 20% require more conduit.
Considerable discussion ensued on topics including, but not limited to: it
would be helpful to have charging stations in more non-commercial areas;
we need more charging places for residents in general; and, concern about
potentially increasing cost that are going to pass from builder to tenant.
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Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to adopt the attached resolution, with amendments.
Mayor Pro Tem O’Day proposed a friendly amendment to increase the EV
ready category to 20% on both office and residential. The motion was
considered friendly by the maker and seconder.
The City Attorney read proposed changes into the record.
- In the table on Page 5 of the resolution, row 1, under amendment
summary, at Part B. Language would change that says “an additional
10 percent must be equipped with electric vehicle supply equipment,
EVSE capable of supporting future EV chargers, to 20 percent.”
That’s the piece that impacts the new multi-family dwellings
- The second change on Page 6, row 2 of the table, under amendment
summary, subsection B “in new office parking facilities an additional
10 percent of parking spaces must be equipped with EVSE capable
supporting future EV chargers, that 10% would also change to 20
percent.”
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
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to introduce and hold first reading of the ordinance, with amendments
reading by title only and waiving further reading thereof.
The City Attorney read into the record amendments to the ordinance to be
in alignment with the resolution as follows:
- On page 9, the reference to Section 4.106.4.2.6 Additional EV
Charging Requirements for Multi-family buildings. The first two
lines read “in addition to the requirements of 4.106.4.2, an additional
10 percent of the parking spaces rounded up to the nearest whole
number shall be equipped with EVSE capable, supporting future EV
chargers, that 10 percent will change to 20 percent.
- On page 17, 5.106.5.3.6 Additional EV Charging Requirements for
non-residential facilities. The first lines are, in addition to the
requirements of Section 5.106.5.3.3, and office parking facilities, and
additional 10 percent, rounded up to the nearest whole number of the
parking spaces shall be equipped with EVSE capable supporting
future EV chargers, that 10 percent will change to 20 percent.
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The motion, with amendments was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SPECIAL JOINT
MEETINGS
SPECIAL JOINT MEETINGS OF THE REDEVELOPMENT
SUCCESSOR AGENCY, THE PARKING AUTHORITY AND THE
HOUSING AUTHORITY
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive $50 meeting as the Housing Authority, $50 meeting as
the Parking Authority and no compensation for meeting as the
Redevelopment Successor Agency.
ROLL CALL RECONVENE THE REDEVELOPMENT SUCCESSOR AGENCY
ROLL CALL OF THE PARKING AND HOUSING AUTHORITY
STAFF
ADMINISTRATIVE
ITEMS:
MINUTES
8.A. Minutes for Housing Authority, Parking Authority, and
Redevelopment Successor Agency meetings, were presented.
Recommended Action
Staff recommends that the:
1. Housing Authority approve the minutes of the November 12, 2019
and December 10, 2019 meetings; and
2. Parking Authority approve the minutes of the November 27, 2018
and June 25, 2019 meetings; and
3. Redevelopment Successor Agency approve the minutes of the
November 12, 2019 meeting.
Motion by Vice Chair/Chair/Mayor Pro Tem O’Day, seconded by
Commissioner/Authority/Agency Member Davis, to approve minutes for the
Housing Authority, Parking Authority, and Redevelopment Successor
Agency meeting. The motion was approved by the following vote:
AYES: Commissioner/Authority/Agency Members Jara, Winterer,
Davis, Himmelrich, Morena,
Vice Chair/Chair/Mayor Pro Tem O’Day,
Chair/Mayor McKeown
NOES: None
ABSENT: None
ADJOURNMENT OF THE
REDEVELOPMENT
SUCCESSOR AGENCY
On order of the Chair/Mayor, the special joint meeting with the
Redevelopment Successor Agency was adjourned at 8:56 p.m.
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MIDYEAR BUDGET
Mayor Pro Tem O’Day
excused at 8:57 p.m.
8.B. Financial Status Update and FY 2019-20 Midyear Budget, was
presented.
Recommended Action
Staff recommends that the City Council, Housing Authority, and Parking
Authority:
1. Appropriate FY 2019-20 midyear revenue and expenditure budget
adjustments and approve corresponding adjustments to the FY
2020-21 budget plan (Attachment A).
Staff also recommends that the City Council:
1. Receive the FY 2019-20 through FY 2028-29 Financial Status
Update;
2. Adopt Resolution No. 11227 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR ASSISTANT DIRECTOR OF TRANSIT
SERVICES, CHIEF OPERATIONS OFFICER – AIRPORT
DIRECTOR, COMMUNITY ENGAGEMENT
ADMINISTRATOR, COMMUNITY ENGAGEMENT AND
CUSTOMER EXPERIENCE MANAGER, CUSTOMER
EXPERIENCE AND INNOVATION ADMINISTRATOR, EMS
COORDINATOR, TRANSIT MAINTENANCE MANAGER,
UNDERGROUND UTILITY SAFETY COORDINATOR, AND
VOLUNTEER COORDINATOR.”;
3. Adopt Resolution No. 11228 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION
SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE
SANTA MONICA MUNICIPAL CODE, SETTING CIVIL
PENALTIES FOR PARKING VIOLATIONS AND FOR THE
LATE PAYMENT OF PENALTIES, SETTING FINES FOR
POLICE AND FIRE DEPARTMENT RESPONSES TO
EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR
THE SANTA MONICA PUBLIC LIBRARY”;
4. Adopt Resolution No. 11229 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT
ON THE STATUS OF STATE MANDATED ANNUAL FIRE
INSPECTIONS IN THE CITY OF SANTA MONICA
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 13146.4.”;
5. Authorize the City Manager to accept a grant awarded in the
amount of $250,000 from Metro’s Open Streets Grant Program
2020 Mini-Cycle for the City of Santa Monica’s 5th annual COAST
Open Streets Celebration on Sunday, September 20, 2020;
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6. Direct staff to proceed with research and analysis on various
potential tax revenue measures;
7. Award RFP 255 to TBWBH Strategies, a San Francisco-based
company, for strategic advisory and communications services for
the Finance Department;
8. Authorize the City Manager to negotiate and execute Agreement
No. 11004 (CCS) with TBWBH Strategies in an amount not to
exceed $165,000 over a five-year period, with future year funding
contingent on Council budget approval; and
9. Authorize the City Manager to negotiate and execute a sixth
modification to agreement 10141(CCS) in the amount of $62,000
with Goodwin Simon Strategic Research (GSSR) for polling for
Santa Monica’s potential revenue measures. This will result in a
five-year amended agreement for a total not to exceed $385,800,
with future year funding contingent on Council budget approval.
Members of the public Denise Barton, Caron Block, Kim Sidoriak, and
Dominick Bei (time donated by Walter Gonzales) spoke on the
recommended action.
Questions asked and answered of staff included: do we have to go to the
voters for any Tax Revenue Measures; the business license tax, is there any
thought about creating a package to get a better result; is there any sense on
where we will fall in the best, baseline, worse scenario; any idea why the
large taxpayers have left; are we actively recruiting businesses to replace
those big companies when they leave; how do we consider growth in the
corporate sector; have there been a consideration as how the proposed taxes
would impact businesses and tourism; is there a proposal for an additional
retailers business license tax; regarding parking, has there been a look at the
correlation between what is being charged for parking and the impact it has
on businesses; how is the CIP budgets get considered; should we be seeing
the budget more often; what is the maximum service tax being charged;
what areas other than services are we not capturing for taxing purposes; is
there any thought that maybe we’ve reached the point of saturation with
hotels; how do we raise some of the revenue without hearing from the
public; for the vacancy rate, has there been any thought on increasing the
commercial tax; would it be possible since we’re doing a rate study for
RRR that we incorporate the possibility of returning to that extra $110,000
a year for Stericycle which spread among all of our users would not be that
much of an increase; is a carbon tax being looked at separately as part of
sustainability, and is that being considered; and, who is going to access the
funds that are supposed to go to the Police Officers.
Considerable discussion ensued on topics including, but not limited to:
public safety is high on the list to the community; going through the list, it
is obvious that outreach needs to be done to the public to explain the budget
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process; taxes should be increased; and, concern about a parcel tax.;
Motion by Commissioner/Authority/Councilmember Winterer, seconded by
Commissioner/Authority/Councilmember Himmelrich, to appropriate FY
2019-20 midyear revenue and expenditure budget adjustments and approve
corresponding adjustments to the FY 2020-21 budget plan. The motion was
approved by the following vote:
AYES: Commissioner/Authority/Councilmembers Morena,
Himmelrich, Davis, Winterer, Jara,
Chair/Mayor McKeown
NOES: None
ABSENT: Vice Chair/Mayor Pro Tem O’Day
Motion by Councilmember Jara, seconded by Councilmember Davis, to
receive the FY 2019-20 through FY 2028-29 Financial Status Update and to
adopt Resolution No. 11227 (CCS) establishing new classifications and
adopting salary rates for various positions (Attachment B) and approve the
position and classification changes (Attachment C). The motion was
approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
Motion by Councilmember Morena, seconded by Councilmember Winterer,
to adopt Resolution No. 11228 (CCS) setting forth the administrative citation
schedule of fines for certain violations of the Santa Monica Municipal Code,
setting civil penalties for parking violations and for the late payment of
penalties, setting fines for Police and Fire Department responses to excessive
false alarms, and setting fines for the Santa Monica Public Library. The
motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
Motion by Councilmember Jara, seconded by Councilmember Himmelrich,
to adopt Resolution No. 11229 (CCS) acknowledging receipt of a report on
the status of state mandated annual fire inspections in the City of Santa
Monica pursuant to California Health and Safety Code Section 13146.4.
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The motion was approved by the following vote:
AYES: Councilmember Morena, Himmelrich, Davis, Winterer, Jara,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
authorize the City Manager to accept a grant awarded in the amount of
$250,000 from Metro’s Open Streets Grant Program 2020 Mini-Cycle for
the City of Santa Monica’s 5th annual COAST Open Streets Celebration on
Sunday, September 20, 2020. The motion was approved by the following
vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to: direct staff to proceed with research and analysis on various potential tax
revenue measures; award RFP 255 to TBWBH Strategies for strategic
advisory and communications services for the Finance Department and
authorize the City Manager to negotiate and execute an agreement with
TBWBH Strategies in an amount not to exceed $165,000 over a five-year
period, with future year funding contingent on Council budget approval; and,
authorize the City Manager to negotiate and execute a sixth modification to
agreement 10141(CCS) in the amount of $62,000 with Goodwin Simon
Strategic Research (GSSR) for polling for Santa Monica’s potential revenue
measures. This will result in a five-year amended agreement for a total not
to exceed $385,800, with future year funding contingent on Council budget
approval. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting with the Housing
Authority and the Parking Authority was adjourned at 10:36 p.m., and the
regular meeting of the City Council was reconvened with all members
present, except Mayor Pro Tem O’Day.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
direction to staff to focus on revenue enhancements that will get the
greatest return from those users of city services, who are not necessarily
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paying the full cost of providing those services. Look at expanding the tax
base in ways that more conforms to our 21st century economy. That an
emphasis be placed among the top six Council priorities and look for
maneuvers within the budget that will generate the most potential for
economic activity in the city, that will generate additional tax revenue.
Motion by Councilmember Davis, proposed a friendly amendment to
include, make sure that some of the actions being taken don’t diminish or
reduce economic performance as well. The motion was considered friendly
by the maker.
The motion was approved unanimously by voice vote, with Mayor Pro Tem
O’Day absent.
Motion by Councilmember Jara, seconded by Councilmember Morena, to
direct staff to share with Council the ideas that come from the Department
heads during the budget process. The motion was approved unanimously
by voice vote, with Mayor Pro Tem O’Day absent.
Motion by Councilmember Davis, direction to staff to bring back to
Council a realistic picture of what the city is going to be able to do in terms
of how to contract the services the city provides, and still keep Santa
Monica the city it is.
PUBLIC HEARINGS:
2019 SUSTAINABILITY
RIGHTS REPORT
9.A. Public Hearing to Accept the 2019 Sustainability Rights Report,
was presented.
Recommended Action
Staff recommends that the City Council hold a public hearing, receive
public comment and accept the proposed 2019 Sustainability Rights Report
pursuant to Santa Monica Municipal Code (SMMC) Chapter 12.02
Sustainability Rights (Attachment A).
Member of the public Marsha Moutrie, spoke generally in favor of the
recommended action.
Questions asked and answered of staff included, on the waste generated per
capita, is that commercial, how much is the change in waste diversion
affecting our goals, and, is there a way a different way of disposing waste.
Motion by Councilmember Morena, seconded by Councilmember Jara, to
accept the proposed 2019 Sustainability Rights Report pursuant to Santa
Monica Municipal Code (SMMC) Chapter 12.02 Sustainability Rights.
The motion was approved by the following vote:
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AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
RESOLUTIONS:
PREFERENTIAL
PARKING
Councilmember Winterer was
excused at 11:29 p.m.
11.A. Consider Motion to Suspend Council Rules and Adopt
Resolution No. 11230 (CCS) entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING
PREFERENTIAL PARKING ZONES F AND V”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Amend Preferential Parking Zone F to include the following streets:
• Copeland Court, Hill Street, Raymond Avenue, Ashland
Avenue, Pier Avenue, and Marine Street between Highland
Avenue and Lincoln Blvd,
• Navy and Ozone streets between Highland Avenue and 7th
Street,
• Highland Avenue and 7th Street between Ocean Park Boulevard
and the Santa Monica southern border, and
• Goldsmith Street, Ruskin Street, and Bentley Court between
Marine Street and street end.
2. Amend Preferential Parking Zone V to include the following streets:
• Hill Street, Ashland Avenue, Wilson Place, and Pier Avenue
between Lincoln Boulevard and 11th Street,
• Marine Street and Ozone Avenue between Lincoln Boulevard
and Glenn Court,
• 10th Street between Ashland Avenue and street end,
• 11th Street between Ashland and Ozone avenues, and
• Glenn Avenue between Ashland Avenue and Marine Street.
Upon receipt and verification of a qualifying petition per Santa Monica
Municipal Code 3.08.030 (a), the parking regulations on those streets listed
above in Preferential Parking Zones F and V shall be: “Two-hour parking 7
A.M. to 6 P.M., daily, except by permit.”
3. Approve the Resolution establishing Preferential Parking Regulations
(attachment A).
Councilmember Winterer recused himself from this item because he lives
in one of the zones that is being discussed.
Members of the public John Ravenna, Julia Dole, Vincent Esparza, Bonnie
Miller, Brian Doyle, Linda Jassim, Gwynne Pugh, and Judy Abdo spoke to
the recommended action.
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Questions asked and answered of staff included: has there been outreach to
all of the residents in the neighborhoods; how will this work and impact the
neighborhood once permitted parking is installed; are people allowed to
park their business cars on the street; what is the communication process to
notify people who live in that zone.
Considerable discussion ensued on topics including, but not limited to
consider splitting Zone F to east and west of Lincoln or making Pier its
own Zone
Motion by Councilmember Davis, seconded by Councilmember Morena, to
amend Preferential Parking Zone V to include the following streets: Hill
Street, Ashland Avenue, Wilson Place, and Pier Avenue between Lincoln
Boulevard and 11th Street; Marine Street and Ozone Avenue between
Lincoln Boulevard and Glenn Court; 10th Street between Ashland Avenue
and street end; 11th Street between Ashland and Ozone avenues; and, Glenn
Avenue between Ashland Avenue and Marine Street. Upon receipt and
verification of a qualifying petition per Santa Monica Municipal Code
3.08.030 (a), the parking regulations on those streets listed above in
Preferential Parking Zones V shall be two-hour parking 7 A.M. to 6 P.M.,
daily, except by permit. The motion was approved by the following vote:
AYES: Councilmembers Jara, Davis, Himmelrich, Morena,
Mayor McKeown
NOES: None
ABSENT: Councilmember Winterer, Mayor Pro Tem O’Day
Motion by Mayor McKeown, seconded by Councilmember Himmelrich, to
amend Preferential Parking Zone F to include the following streets:
Copeland Court, Hill Street, Raymond Avenue, Ashland Avenue, Pier
Avenue, and Marine Street between Highland Avenue and Lincoln Blvd;
Navy and Ozone streets between Highland Avenue and 7th Street; Highland
Avenue and 7th Street between Ocean Park Boulevard and the Santa Monica
southern border; and, Goldsmith Street, Ruskin Street, and Bentley Court
between Marine Street and street end. Upon receipt and verification of a
qualifying petition per Santa Monica Municipal Code 3.08.030 (a), the
parking regulations on those streets listed above in Preferential Parking
Zones F shall be two-hour parking 7 A.M. to 6 P.M., daily, except by permit.
Substitute Motion by Councilmember Davis, seconded by Councilmember
Jara, to approve the proposed expansion of Zone F, but only for those
blocks of Copeland, Court, Hill Street, Raymond Avenue, Ashland Avenue,
Pier Avenue, and Marine Street, between 7th Street and Lincoln Blvd. As
well as Ruskin Street and Bentley Court between Marine Street and Street
N. The substitute motion was approved by the following vote:
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AYES: Councilmembers Himmelrich, Davis, Jara, Mayor McKeown
NOES: Councilmember Morena
ABSENT: Councilmember Winterer, Mayor Pro Tem O’Day
The City Attorney read amendments to Resolution for the record as
follows:
- Section 2, Part 1, strike Highland Avenue, insert 7th Street; strike all of
Part 2, all of Part 3, and in Part 4, strike Goldsmith Street.
- Section 2 will read, “ no vehicle shall be parked adjacent to any curb for
more than 2 hours between the hours of 7am – 6pm daily, except by
permit on the following streets: 1)Copeland Court, Hill Street, Raymond
Avenue, Ashland Avenue, Pier Avenue, and Marine Street between 7th
Street and Lincoln Boulevard; 2) Ruskin Street and Bentley Court
between Marine Street and Street end.”
Motion by Councilmember Jara, seconded by Councilmember Davis, to
adopt Resolution No. 11230 (CCS), as amended establishing Preferential
Parking Regulations. The motion was approved by the following vote:
AYES: Councilmembers Himmelrich, Davis, Jara,
Mayor McKeown
NOES: Councilmember Morena
ABSENT: Councilmember Winterer, Mayor Pro Tem O’Day
PUBLIC INPUT: Members of the public Camela Sinclair and Denise Barton commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:30 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
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