m20190122.pdf 1 January 22, 2019
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 22, 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 22, 2019, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Terry O’Day
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Greg Morena
Councilmember Ted Winterer (arrived at 5:35 p.m.)
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 5:30 p.m., with all
members present except Councilmember Winterer. City Clerk Denise
Anderson-Warren led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Winterer
arrived at 5:35 p.m.
Member of the public Denise Barton commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
closed sessions and returned at 6:31 p.m., with all members present, to
report the following:
1.A. Conference with Legal Counsel – Anticipated Litigation –
Request to enter into a lawsuit as an amicus curiae, pursuant to §
54956.9: Ramos v. Nielsen, U.S. Court of Appeals for the Ninth Circuit,
Case No. 18-16981
The City Attorney advised this matter is a request to enter an amicus brief.
The City and County of Los Angeles have asked the city to join this amicus
brief in support of litigation pending in the 9th Circuit Court of Appeals that
challenges the current Administration’s decision to end the temporary
protective status program that allows immigrants from El Salvador, Haiti,
Nicaragua, and Sudan who meet rigorous qualifications and cannot return
safely to their home country, to live and work in the United States without
fear of deportation. The city is being asked to join an amicus brief that
challenges that decision to end the temporary protective status program.
Motion by Councilmember McKeown, seconded by Councilmember
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Himmelrich, to join the amicus brief. The motion was unanimously
approved by voice vote, with all members present.
1.B. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Lori Gentles, Chief
People Officer-HR and Human Resources Manager Shawn Weiske,
Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE)
The City Attorney advised this matter was heard with no reportable action
taken.
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Aidis Paul Malinauskas v. City of Santa Monica,
et al., Los Angeles Superior Court, Case No. BC692051.
The City Attorney advised this was a claim involving a Santa Monica
Police vehicle striking Mr. Malinauskas while he was riding his bicycle on
Montana Avenue, causing injuries. The city disputes the claims in the
lawsuit, but the City Attorney’s Office recommends a settlement in the
amount of $80,000 to bring resolution to the litigation.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day,
to approve Settlement No. 10802 (CCS) in the amount of $80,000. 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.D. 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.
1.E. Conference with Real Property Negotiator Properties: 1437 5th
Street, 817 12th Street, and 1427 15th Street, Santa Monica
Negotiator: Andy Agle, Director of Housing and Economic
Development
Owners of Record: 14375NMS LLC, 817 12TH ST LLC, 1427 15TH
ST LLC
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Under Negotiation: Affordability Deed Restrictions
The City Attorney advised this matter was heard with no reportable action
taken.
MEETING
MANAGEMENT
The Mayor announced that she would be leaving the meeting early to catch
a flight to attend the Conference for Mayors in Washington, D.C., and
asked if it is the will of the Council to continue all the Boards and
Commission appointments to the February 12, 2019 meeting.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to continue all of the Boards and Commission appointments to
the February 12, 2019 meeting. The motion was unanimously approved by
voice vote, with all members present.
SPECIAL AGENDA
ITEMS:
CITY COUNCIL
VACANCY
2.A. Filling An Unscheduled Vacancy on the City Council, was
presented.
Recommended Action
Staff recommends that Council either:
1. Consider the applicants that have declared their interest in being
appointed to the unscheduled vacancy on the City Council and
make an appointment to fill the Council vacancy;
2. Continue the appointment process to a Special Meeting; or
3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CALLING FOR
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
NOVEMBER 5, 2019, FOR THE ELECTION OF A CITY
COUNCILMEMBER TO FILL A VACANCY AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO CHARTER CITIES.”
Members of the public Donna Block, Linda Lancaster, Jerry Rubin, Jon
Katz, Anastasia Foster, Gary Nuall, Ann Hoover (time donated by Jalen
Mamita), Ken Robin, Robbie Jones, Jason Parry, Jennifer Kennedy, Daniel
Jansenson, Korie Schmidt, Troy Harris, Irma Carranza, Liz Cruz, Kristina
Lizana, Natalie Hernandez, Waverly, Randy Grub, Harry Kamden, and
Lori Williams commented on the Council appointment.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem O’Day nominated Ana M. Jara
Councilmember McKeown nominated Jennifer Kennedy
Mayor Davis nominated Barry Snell
There being no other nominations, no one was appointed by the following
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vote:
Jara: Councilmembers Morena, Winterer, Mayor Pro Tem O’Day
Kennedy: Councilmembers Himmelrich, McKeown
Snell: Mayor Davis
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Ana M. Jara
Councilmember Himmelrich nominated Caroline Torosis
Applicant Ana Marie Jara, was appointed by the following vote:
Jara: Councilmembers Winterer, McKeown, Morena,
Mayor Pro Tem Davis, Mayor Davis
Torosis: Councilmember Himmelrich
On order of the Mayor, the City Clerk gave the Oath of Office and swore in
Ana Maria Jara to serve as a City Councilmember for a partial-term, ending
November 2020.
Later in the meeting, Councilmember Himmelrich changed her vote to Jara,
thereby making the appointment a unanimous vote of the Council.
RESIGNATION Upon appointment to the City Council, Councilmember Jara provided a
verbal resignation from the Social Service Commission. The Council
accepted her resignation and approved the City Clerk to advertise the
vacancy.
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 Denise Barton commented on various Consent
Calendar items.
At the request of Councilmember McKeown, Item 3.H. was removed from
the Consent Calendar.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O’Day,
to approve the Consent Calendar except for Item 3.H., reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
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AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
DRAINAGE
IMPROVEMENT
PROJECT
3.A. Award Bid No. SP2490 for Storm Drain and Drainage
Improvement Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2490 to Palp Inc., dba Excel Paving Company, a
California-based company, to provide construction services for the
Street and Storm Drain & Drainage Improvement Project;
2. Authorize the City Manager to negotiate and execute Contract No.
10800 (CCS) with Excel Paving Company in an amount not to
exceed $863,263 (including a $78,479 contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within budget authority.
4. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
VEHICLE PURCHASE 3.B. Award Bid No. 4363 for the purchase and delivery of
lubricating oils for Big Blue Bus and Fleet vehicles, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4363 to Southern Counties Lubricants LLC., a
California-based company, for the purchase and delivery of
lubricants and motor oil (recycled and new), for transit buses and
city vehicles; and
2. Authorize the Procurement Manager to issue a purchase order with
Southern Counties Lubricants LLC for lubricants and motor oil in
an amount not to exceed $339,099 for one year, including a 10%
contingency, with four additional one-year renewal options with a
3% cost escalator, for a total amount not to exceed $1,800,323 with
future year funding contingent on Council budget approval.
FLEET ASSET
MANAGEMENT SYSTEM
3.C. Award RFP No. 164 for the purchase of a Fleet Asset
Management System, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 164 to AssetWorks, LLC, a Pennsylvania-based
company, for the purchase of a Fleet Asset Management System
with Telematics Solution and to provide hosting services and
software support and maintenance for five years;
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2. Authorize the City Manager to negotiate and execute Agreement No.
10801 (CCS) with AssetWorks, LLC, in an amount not to exceed
$1,325,552 (including a 10% contingency) over a five-year period
for systems implementation, training, hosting services and software
support and maintenance, with future year funding contingent on
Council budget approval; and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
RELOCATION FEES 3.D. Correction to Resolution No. 11159 (CCS) entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA UPDATING PERMANENT AND TEMPORARY TENANT
RELOCATION FEES”, was adopted.
Recommended Action
Staff recommends that the City Council adopt a Resolution of the City of
Santa Monica establishing Permanent and Temporary Relocation fees
(Attachment A).
MINUTES 3.E. Minutes for the City Council - Regular Meeting - Aug 28, 2018
5:30 PM, were approved.
MINUTES 3.F. Minutes for the City Council - Regular Meeting - Sep 11, 2018
5:30 PM, were approved.
MINUTES 3.G. Minutes for the City Council - Special Meeting - Oct 9, 2018
4:30 PM, were approved.
COUNCIL RETREAT 3.H. Modifying Council Rules for Public Comment at Council
Retreat, was presented.
Recommended Action
Staff recommends that the City Council direct staff to inform the public
that Council intends to suspend the Council rules to modify the time limits
for public comment at the Council Retreat on January 26, 2019.
Councilmember McKeown stated that he pulled this item to provide
clarification on the item.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve the recommended action.
The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
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ABSENT: None
ORDINANCES:
RELOCATION
REGULATIONS
7.A. Second Reading and Adoption of Ordinance No. 2601 (CCS)
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF SANTA
MONICA AMENDING SECTION 4.36.040 OF THE SANTA MONICA
MUNICIPAL CODE TO UPDATE PERMANENT TENANT
RELOCATION REGULATIONS”, 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. The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
11TH STREET HISTORIC
DISTRICT
Mayor Davis was excused at
8:33 p.m.
7.B. Proposed 11th Street Historic District (18ENT-0166)
Consideration of a new proposed historic district on 11th Street
consisting of certain properties located along the east side of 11th
Street, between Wilshire Boulevard and Arizona Avenue (1221-1253
11th Street), and properties along the north side of Arizona Avenue
between 11th Street and 11th Court Alley (1107-1115 Arizona Avenue)
and Introduction and first reading of an Ordinance amending the
Santa Monica Municipal Code adding Section 9.56.320 for potential
designation of the 11th Street Bungalow Historic District, was
presented.
Recommended Action
Staff recommends that the City Council consider the proposed historic
district on 11th Street, including the recommendations from the Landmark
Commission and the City’s planning staff.
Diane Citron, Susan Suntree, Diane Miller, and Mario Fonda Bondari
spoke on behalf of the applicant.
Members of the public Barry Rosenbaum, Roger Genser, Dolores Sloan,
Scott Taylor, Michael de Villiers, Andrew Hoyer, Ellen Hannan, and
Debbie Mahdessian spoke generally in favor of the recommended action.
Alicia Bartley, Sahar Bolonchi, Karol Bolonchi, Jimmy Lennon (time
donated by Doris Lennon), Christine Lennon, and, Tom Nitti, spoke
generally in opposition to the recommended action.
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Questions asked and answered of staff included: to explain that some of
these bungalows are not grouped together; what are the criteria to
determine whether or not these properties should be considered historic; the
apartments there now, were they previously bungalows; if you come back
with review procedures of how it would work, would you come back with
procedure for this district specifically, and would that be different than the
other districts, or is there some uniformity between districts; was
demolition allowed for new buildings before 1990; if buildings have been
substantially altered, does that increase the amount in the district to more
than 70%; when a historic district is determined, are adjourning buildings
qualified for the Mills-Act; is the city due for an update to the Landmarks
ordinance, and has there been any other considerations to help determine
options; if this is approved as a district, what might be the threshold under
which you would have an alteration that would require a review by the city;
what is the value of a Mills-Act opportunity for a property; are the
neighborhood conservation districts different from this; explain the
different standards between historical versus non-historical, and what is
that process; what other properties are left from the 1905-1925 era that is
considered working class housing; and, does this ordinance require that this
only apply to this district.
Considerable discussion ensued on topics including, but not limited to,
whether or not any consideration is being given to properties that no longer
fit the contributing characteristics of this historic district, as well as
concerns about losing some of these older properties.
Motion by Councilmember McKeown, seconded by Councilmember
Himmelrich, to approve the Landmarks findings recommending to approve
the proposed district.
The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
Motion by Councilmember McKeown, seconded by Councilmember
Morena, to give direction to staff that because this may be an unusual
historic district, as guidelines for this district are drawn up, that staff
consult with the property owners, and if there are special circumstances,
those concerns can be addressed when this returns to Council. The motion
was approved by voice vote, with Mayor Davis absent.
STAFF 8.A. Ten-Year Financial Forecast, was presented.
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ADMINISTRATIVE
ITEMS:
FINANCIAL FORECAST
Recommended Action
Staff recommends that the City Council:
1. Review the FY 2019-20 through FY 2028-29 Ten-Year Financial
Forecast and direct staff to proceed with developing a fiscally
sustainable budget strategy;
2. Renew grant funding for two years contingent upon available
funding and postpone the next grant cycle to begin FY 2021-22 for
the Human Services Grant Program; and
3. Receive public comment on federal Community Development Block
Grant (CDBG) and Home Investment Partnership Act (HOME)
Program funds.
Members of the public Denise Barton, Judy Abdo, Janine Bush, Zina
Josephs (time donated by Kay Arnold), David Morris (time donated by
Jeffrey Davis), Olga Zurawska (time donated by Judy Casey), Gina de
Baca, Ellen Hannan, and, Denise Neal spoke generally in favor of the
recommended action.
Questions asked and answered of staff included: what is the difference
between the probable and recession forecast; is the 5% construction costs
annually or over a 10-year period; if the airport closes in 2028, are the
revenue from the Airport fund worth looking into; how much does the
Human Services and Cultural grants program cost every year; why is there
a delay in the Human Services grants review; in doing this, does it mean
that this program doesn’t need to change; why not stop giving people
permission to build more parking lots; are there ratios used when
determining the city’s AAA rating; are balance sheets used when
determining the ratio; does the city have an interest rate that the city uses to
pay the pension liability; what rate is paid on the bonds; has there ever been
a pension bond used to pay off the future pension liability; if people
continue to come into the city, has there been any consideration as to what
that means for the overall budget; the Airport Fund pretty healthy, can that
money be used for other things; what’s the thinking behind contracting out
cemetery services; what has the city done, or do they plan to do some sort
of investigation on OPCC because people come to Council and complain
about OPCC all the time; could direction be given to any grantees who deal
with homelessness to setup measures of success, and determine what those
measures will be; setup pathways for complaint, and that those complaints
are not going directly to the vendors.
Considerable discussion ensued on topics including, but not limited to,
looking at investigating OPCC, trying to determine if there are other
providers out there, who have a better record of providing homeless
services, and, look at a better oversight process for shelter monitoring.
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Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to adopt the staff recommendation, and direct staff on a budget
strategy to take a look at projections and incorporate a budget that
addresses the projected shortfalls and incorporate the recommendations of
the Pension Advisory committee. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to renew grant funding for two years contingent upon available
funding and postpone the next grant cycle to begin FY 2021-22 for the
Human Services Grant Program; and receive public comment on federal
Community Development Block Grant (CDBG) and Home Investment
Partnership Act (HOME) Program funds.
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
Motion by Councilmember McKeown, to direct staff to investigate options
to create better resolution paths for concerns and complaints regarding all
homeless service providers in such a way to insulate clients from
repercussions for having filed a complaint and come back to Council with
recommendations on whether we can implement that or whether to
reconsider funding.
Councilmember Himmelrich suggested a change in language to expand the
direction to all of the service providers with whom we have grants, there
should be a Bill of Rights and a pathway to complaints for people who
receive services.
The City Attorney provided clarification for Brown Act purposes that
Council will be directing staff to consider and come back but, not actually
finalizing staff direction. The suggested language for the motion included,
to direct staff to look at ways to improve a complaint process.
The City Attorney provided further clarification to language provided by
Councilmember Jara. “That staff provide a pathway for complaints to
direct to correct processes not just the providers.”
Other direction to staff included, looking at data that reflected loss of
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revenue for parking, take a look at what the forecast would be for parking
and relate that to the policies that require private developers in our own
infrastructure to meet the parking mandate; to redirect any potential parking
revenues to the City to maximize the city’s revenues; and, Public safety,
what does that look like with the increase of visitors and increase in
population.
COUNCILMEMBER
DISCUSSION ITEMS:
BUILDING & FIRE - LIFE
SAFETY COMMISSION
13.A. Appointment to one unscheduled vacancy on the Building &
Fire - Life Safety Commission for a term ending June 30, 2021, was
continued to the February 12, 2019 meeting.
AUDIT SUBCOMMITTEE 13.B. Appointment to one unscheduled vacancy on the Audit
Subcommittee for a term ending on 6/30/2021, was continued to the
February 12, 2019 meeting.
PERSONNEL BOARD 13.C. Appointment to one unscheduled vacancy on the Personnel
Board for a term ending on 6/30/2022, was continued to the February 12,
2019 meeting.
COMMISSION ON THE
STATUS OF WOMEN
13.D. Appointment to one unscheduled vacancy on the Commission
on the Status of Women for a term ending on 6/30/2021, was continued
to the February 12, 2019 meeting.
SANTA MONICA SISTER
CITY ASSOCIATION
13.E. Request of Mayor Davis and Councilmembers McKeown and
Winterer that the Council allocate $15,000 of discretionary funds to
the Santa Monica Sister City Association, a local chapter of Sister
Cities International, a 501(c)(3) non-profit, for scholarships and other
assistance to enable low-income households to participate in the
organization's activities and that another $10,000 be set aside to match
dollar-for-dollar funds raised from other parties, was presented.
There were no members of the public present to speak.
Motion by Councilmember McKeown, seconded by Councilmember
Morena, to approve the recommendation.
The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich,
Morena, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
MAIN STREET BUSINESS 13.F. Request of Mayor Davis and Councilmember Winterer that the
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IMPROVEMENT
ASSOCIATION
Council allocate $17,000 of discretionary funds to the Main Street
Business Improvement Association to reduce the $90,391 anticipated
costs of their June 2109 Soulstice event, which for the first time will
close down the entire length of Main Street to automobiles. Last year's
Soulstice event, with a partial closure of the street, was per the recent
Resident Satisfaction Survey the third highest attended festivity in the
city after two events at the Pier, was presented.
There were no members of the public present to speak.
Motion by Councilmember Himmelrich, seconded by Councilmember
McKeown, to approve the recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer,
Jara, Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
PUBLIC INPUT: Members of the public Rufus William, Denise Barton, and Gina Frazier
commented on various local issues.
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at
12:12 a.m. in memory of DeAndre Windom and Stella Casillas.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
Terry O’Day
Mayor Pro Tempore
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