m20200310.pdf 1 March 10, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 10, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:32 p.m., on
Tuesday, March 10, 2020, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day (arrived at 5:40 p.m.)
Councilmember Gleam Davis
Councilmember Sue Himmelrich (arrived at 5:45 p.m.)
Councilmember Ana M. Jara
Councilmember Greg Morena (arrived at 5:33 p.m.)
Councilmember Ted Winterer
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
Councilmember Morena
arrived at 5:33 p.m.
On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmembers Morea, Himmelrich, and Mayor
Pro Tem O’Day. Councilmember Winterer led the assemblage in the
Pledge of Allegiance.
AGENDA
MANAGEMENT
The City Attorney had two Agenda Management requests:
1) Council add an emergency Closed Session titled:
Conference with Labor Negotiator: Pursuant to Government Code
Section 54957.6.
Agency Designated Representatives: Lori Gentles, Chief People
Officer-HR, Human Resources Manager Shawn Weiske, and Counsel
Laura Kalty
Bargaining Unit: Coalition of Santa Monica City Employees
(CSMCE).
Motion by Mayor McKeown, seconded by Councilmember Winterer, to
add the emergency Closed session item. The motion was approved by
voice vote, with Councilmember Himmelrich and Mayor Pro Tem O’Day
absent.
2) The City Attorney also requested: Council suspend the rules to hear
Items 1.B., 1.C., 1.F. and 3.H. together. Specifically, with a motion to
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remove Item 3.H from the consent calendar and allow public comment on
items 1.B, 1.C. and 1.F before closed session and public comment on item
3.H. to be heard after closed session.
Motion by Mayor McKeown, seconded by Councilmember Winterer, to
suspend the Council rules and hear Items 1.B, 1.C, 1.F and 3.H. together.
The motion was approved by voice vote, with Councilmember Himmelrich
and Mayor Pro Tem O’Day absent.
Mayor Pro Tem O’Day
arrived at 5:40 p.m.
Councilmember Himmelrich
arrived at 5:45 p.m.
There was no one present for public comment on closed sessions.
Councilmember Jara recused herself from the emergency Closed Session
item in order to avoid a potential conflict of interest because her daughter
works for the City of Santa Monica.
On order of the Mayor, the City Council recessed at 5:38 p.m., to consider
closed sessions and returned at 7:00 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): Robert Aaron Jones, et al. v. Officer Roy
Brown, et al., Los Angeles Superior Court, Case No. BC 670262.
The City Attorney’s Office is recommending settlement in a combined
amount of $35,000, with $17,500 to each plaintiff.
Motion by Councilmember Winterer, seconded by Councilmember Jara, to
approve Settlement Agreement No. 11011 (CCS) in the amount of $35,000
($17,500 for each claimant). 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):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
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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 and considered with item
1.C. and 1.F.
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;
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 that this item was heard with Items 1.B. and 1.F.
These cases involve claims and lawsuits filed against the City of Santa
Monica by 24 current and former community members. The City Attorney
stated in the course of their work on behalf of the city, they hope to never
see claims like these again. 23 of these individuals allege that a former city
employee, Eric Uller sexually or attempted to sexually abuse them between
approximately 1987 and 1999, when they were youth participating in the
Santa Monica Police Activities League Program. The last individual alleges
that while she was a youth participating in the PAL program, in
approximately 1991 and 1992, she was sexually abused by another
individual Fernando Ortega, who was not employed by the city, but was
also associated with the PAL program. The City Attorney’s Office
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recommended settlements to resolved all of these claims and lawsuits.
While many in the community are aware of the events of that last year and
a half that relate to these claims, some are not. Before reading the
recommended settlement, the City Attorney explained some of the
background. In the late Spring of 2018, the Santa Monica Police
Department received an anonymous tip that then city employee Eric Uller
had committed a crime against a child, who was now an adult. The SMPD
used the tip to identify the crime victim and then referred the information to
the Los Angeles County Sheriff Department for investigation. Based on
the information provided by the SMPD, the Los Angeles County Sheriff’s
Department initiated an investigation. On October 18, 2018, Eric Uller was
arrested by the L.A. County Sheriff Department, on charges of lewd acts
with a minor, related to unlawful conduct with children in the early 1990’s.
By October 25, 2018, the Los Angeles District Attorney’s Office had
charged Eric Uller with five counts of sexual crimes against minors, based
on the accounts of multiple victims of conduct in the 1990’s. At the time
that Eric Uller was arrested, the city immediately took a number of actions.
The city went out into the community, city staff held meetings at Virginia
Avenue Park and at PAL, to talk with parents and concerned community
members, to answer questions to the extent as able, and to be with the
community, as they shared their fears and concerns. The city provided
resources, activated local mental health providers to provide on-site
therapeutic services, for participants in the PAL, Crest, and Virginia
Avenue Park programs, and their families. The city notified Santa Monica
Malibu Unified School District’s Mental Health Coordinator, to ensure that
school based mental health providers were attentive and responsive to
reactions from students, parents, caregivers, and staff. And, staff from
Community and Cultural Services and the Library, teamed up with local
providers to offer trainings at every local library in Santa Monica, to guide
parents on how to identify risk factors, and take steps to protect against
sexual abuse. The city retained Irma Rodriguez-Moisa and Gabriel
Sandoval at the law firm Atkinson, Andelson, Loya, Rudd & Romo, to
conduct an independent investigation of allegations that the city previously
knew or should have known of criminal conduct by Eric Uller. The city
retained an outside entity Praesidium, Inc., a nationally recognized expert
in preventing abuse, to review the policies and practices of all city youth
programs and provide to guidance on best practices for preventing future
incidents of abuse. And throughout this period, the city cooperated with the
L.A. County Sheriff’s department, to try and ensure that anyone with
information about Eric Uller’s crimes could come forward. On November
15, 2018, a date in which Eric Uller was expected to appear in court on the
criminal charges against him, Eric Uller was found dead in his apartment in
an apparent suicide. As a result of his death, the L.A. County Sheriff
department closed its criminal investigation of Uller. Although the L.A.
County Sheriff’s department closed this first investigation upon Eric
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Uller’s death, the SMPD received an additional allegation that individuals
at the time were on notice of Uller’s activities, and failed to meet their
obligations as mandatory reporters under the child abuse, neglect and
reporting act. The SMPD again referred that matter to the L.A. County
Sheriff’s department, and that investigation remains outstanding. The
independent investigation commissioned by the city and conducted by the
law firm of AALRR to examine similar allegations, also remains
outstanding. Following Eric Uller’s death, a total of 24 individuals filed
administrative claims and civil lawsuits, alleging they were victims of
sexual abuse while they were youth participating in the PAL program.
Although these claims and lawsuits allege conduct in the 1980’s and
1990’s, AB 218, which was signed into law by the Governor on October
13, 2019, removed the statute of limitations and revived certain claims
relating to childhood sexual abuse and assault for a period of three years,
beginning on January 1, 2020.
The City Attorney recommended six settlements, to bring closure to all the
civil claims and lawsuits pending against the city, related to these matters.
The first settlement resolves the claims of 18 individuals, who claim they
were abused by Eric Uller between 1987 and 1999, and of the additional
individual who alleges abuse by Fernando Ortega between 1991 and 1992.
The City Attorney’s Office recommends settlement of all claims by these
19 individuals in the total amount of $38 million. The $38 million will be
paid by the city into a qualified settlement fund, to which it will be
allocated to the 19 individuals as determined by a retired Superior Court
Judge, whom Plantiff’s counsel has retained as a third-party neutral to
perform this allocation. The remaining five settlements, resolve five
additional individual claims and lawsuits, alleging sexual abuse by Eric
Uller during the same time period. The City Attorney’s Office
recommended settlement of the claims that these five individuals as
follows: With respect to John RH Doe, $1,050,000; John CS Doe,
$900,000; John FT Doe, $900,000, John RG Doe, $900,000, and John JG
Doe, $850,000. By resolving these claims and lawsuits swiftly, the city
aims to avoid the risk and expense of litigation thereby directing funds to
survivors rather than to legal expenses. The city also hopes to afford
current and former community members the privacy and respect they
deserve, rather than engaging in painful and protracted litigation
proceedings. In addition to resolving these claims and lawsuits, the city is
committed to taking every action it can to prevent an individual like Eric
Uller from ever entering or being in a position to do harm to youth
participating in any of our youth programs.
Motion by Councilmember Himmelrich, seconded by Councilmember
Davis, to approve Settlement Agreement No. 11012 (CCS) for Items 1.B.
and 1.C. in the combined amount of $38 million.
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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 – Anticipated Litigation -
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of
Government Code 54956.9: 1 case.
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): Kessnerauto, et al., v. City of Santa Clara et al,
Superior Court of the State of California Santa Clara County, Case
No. 20CV364054
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): John RG Doe, et al. v. City of Santa Monica, et al., Los
Angeles Superior Court, Case No. 20STCV06581.
The City Attorney advised that this item was heard with Items 1.B. and
1.C.
Motion by Councilmember Himmelrich, seconded by Councilmember
Davis, to approve five Settlement Agreements No. 11013 (CCS) in the
amount of $1,050,000; Agreement No. 11014 (CCS) in the amount of
$900,000; Agreement No. 11015 (CCS) in the amount of $900,000;
Agreement No. 11016 (CCS) in the amount of $900,000, and Agreement
No. 11017 (CCS) in the amount of $850,000. 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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1.G. Conference with Labor Negotiator: Pursuant to Government
Code Section 54957.6. Agency Designated Representatives: Lori
Gentles, Chief People Officer-HR, Human Resources Manager Shawn
Weiske, and 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.
CHILD PROTECTION
OFFICER
3.H. Adoption of Child Protection Resolution No. 11232 (CCS)
entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CONFIRMING THE CITY’S COMMITMENT TO
IMPLEMENT BEST PRACTICES FOR PREVENTING INCIDENCES
OF ABUSE OF CHILDREN IN ANY CITY PROGRAMS”, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11232 (CCS) confirming the City’s
commitment to enhancing procedures and practices to ensure
lasting, City-wide efforts to prevent incidences of abuse of children
in any City programs.
2. Authorize the City Manager to negotiate and execute Agreement
No. 11007 (CCS) with Praesidium, Inc., an organization that
specializes in policies and procedures to prevent incidences of abuse
of children, in an amount not to exceed $220,000 for the period
through June 30, 2021, with three additional one-year renewal
options in amounts not to exceed $135,000, per year, with future
funding contingent on Council budget approval, to serve as the
City’s Child Protection Officer.
This item was pulled at the request of the City Attorney in order to be heard
with Closed Session Items 1.B, 1.C and 1.F.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to adopt a resolution confirming the City’s commitment to
enhancing procedures and practices to ensure lasting, City-wide efforts to
prevent incidences of abuse of children in any City programs. 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
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Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to authorize the City Manager to negotiate and execute an
agreement with Praesidium, Inc. an organization that specializes in policies
and procedures to prevent incidences of abuse of children, in an amount not
to exceed $220,000 for the period through June 30, 2021, with three
additional one-year renewal options in amounts not to exceed $135,000, per
year, with future funding contingent on Council budget approval, to serve
as the City’s Child Protection Officer.
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
SPECIAL AGENDA
ITEMS:
2.A. Commendation in recognition of retiring City employee, Kyle
Ferstead, was presented.
2.B. Proclamation: Norouz was presented.
2.C. Proclamation: Red Cross Month was presented.
2.D. City Manager's Report: Take the Friendly Road, a 2019 Recap
and 2020 Plan was presented.
On the order of the Mayor, staff requested the addition of an emergency
item 2.E to be added to the agenda, which would require a vote of the
Council.
Motion by Mayor McKeown, seconded by Councilmember Jara, to approve
adding Item 2.E. to the agenda. 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
2.E. City Manager’s Report: Update and discussion on federal, state
and local response measures to COVID-19, was presented.
REPORT ON COUNCIL
TRAVEL
Mayor Pro Tem O’Day reported that he traveled to a local government
conference at The Ahwahnee at Yosemite Park.
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Councilmember Jara also attended the 2020 Yosemite Policymakers
Conference, where all policymakers were concerned about housing.
Mayor McKeown attended the 2020 Yosemite Policymakers Conference,
where there was useful discussion about energy.
Councilmember Morena attended the Energy and Environment Committee
held by SCAG. Discussions on the necessity of the environment and how
that’s going to impact the addition housing units that are being spread
around.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Carlos Rubio (time donated by James Beurdos),
Denise Barton, Jerry Rubin and Liz Bar-El commented on various Consent
Calendar items.
At the request of Councilmember Jara, Item 3.L was removed from the
Consent Calendar.
Motion by Councilmember Winterer, seconded by Councilmember
Himmelrich, to approve the Consent Calendar except for Item 3.L, reading
resolutions 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
TOBACCO GRANT
PROGRAM
3.A. Adoption of Resolution No. 11231 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA
MONICA ACCEPTING A GRANT AWARD FROM THE STATE OF
CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY
GENERAL, TOBACCO LAW ENFORCEMENT GRANT PROGRAM”,
was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11231 (CCS) authorizing the
acceptance of a grant awarded in the amount of $106,061 from the
California Department of Justice Tobacco Grant Program for the
Tobacco Enforcement program at the Police Department, and to
accept all grant renewals.
2. Authorize the City Manager to execute all necessary documents to
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accept the grant and all grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
UNIFORM AND
APPAREL
3.B. Award Bid and enter into Agreement No. 11006 (CCS) with
Aramark for Uniform and Mat Rental and Cleaning Services, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4389 to Aramark Uniform & Career Apparel, LLC
(Aramark) for citywide uniform and mat rental and cleaning
services;
2. Authorize the City Manager to negotiate and execute Agreement
No. 11006 (CCS) with Aramark, in an amount not to exceed
$1,125,000 for five years, with five-additional one-year renewal
options in the amount of $225,000, on the same terms and
conditions, for a total amount not to exceed $2,250,000 over a ten-
year period, with future year funding contingent on Council budget
approval.
FIRE ENGINE
DONATION
3.C. Authorization to Donate two Retired 1994 Pierce Fire Engines
and various associated firefighting tools and equipment to the City's
Sister City, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize staff to donate two 1994 Pierce fire engines and one 2004
Chevrolet Suburban 4X4 Battalion Chief command vehicle to our
City’s sister city, Mazatlán, Mexico, and
2. Authorize staff to also include various retired firefighting tools and
equipment that may be associated with equipping the fire engine.
WATER
CONSERVATION
3.D. Approval of First Modification of Water Conservation
Memorandum of Understanding with the Santa Monica-Malibu
Unified School District, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to the Water Conservation
Memorandum of Understanding (MOU, agreement CT #10359-MOU)
between the City of Santa Monica and the Santa Monica-Malibu Unified
School District (SMMUSD) to extend the term to April 3, 2022. This will
result in a five-year amended agreement with a total amount not to exceed
$849,000.
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JUSTICE ASSISTANCE
GRANTS
3.E. Authorization to Accept the 2019 Justice Assistance Grants for
implementation of the JAG Project to Impact Crime and Keep
Neighborhoods Safe, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant award in the amount
of $38,063 from the U.S. Department of Justice (DOJ) Edward
Byrne Memorial Justice Assistance Grant (JAG) for implementation
of the JAG 2019 Project to Impact Crime and Keep Neighborhoods
Safe;
2. Authorize the City Manager to execute all necessary documents to
accept the grant; and
3. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of the report.
BULLETPROOF VEST
GRANT
3.F. Authorization to Accept United States Department of Justice
(USDOJ) Bulletproof Vest Partnership Grant, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount
of $8,649 from United States Department of Justice (USDOJ) for the
2019 Bulletproof Vest Partnership (BVP) Grant for the purchase of
bulletproof vests by the Police Department.
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.
HOMELAND SECURITY
GRANT
3.G. Authorization to accept State Homeland Security Grant
Program (SHSGP) 2018 Grant for Homeland Security Projects, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount
of $498,300 from the 2018 State Homeland Security Grant Program
(SHSGP) for homeland security projects, 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.
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SUNSET PARK TRAFFIC
STUDY
3.I. Approval of Modification to Consultant Contract No. 11008
(CCS) with Quantum Consulting for Phase ll of Sunset Park Traffic
Study, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to Agreement No. 11008 (CCS)
in the amount of $159,916 and to extend the agreement for two additional
years with Quantum Consulting for Phase II of the Sunset Park
Neighborhood Traffic Study. This will result in a 4-year amended
agreement with a new total amount not to exceed $238,582.
CIVIC CENTER
PARKING STRUCTURE
3.J. Award Contract No. 11009 (CCS) with Budget Holdings, Inc.
dba Solar Art for the Civic Center Parking Structure - Exterior
Channel Glass Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2555 to Budget Holdings, Inc. dba Solar Art for the
Civic Center Parking Structure – Exterior Channel Glass Project for
the Public Works Department;
2. Authorize the City Manager to negotiate and execute Contract No.
11009 (CCS) with Budget Holdings, Inc. dba Solar Art, in an
amount not to exceed $473,000 (including a 10% contingency);
3. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract
authority.
CAFR 3.K. Presentation of Comprehensive Annual Financial Report
(CAFR), was approved.
Recommended Action
Staff recommends that the City Council receive and file the City’s
Comprehensive Annual Financial Report (CAFR), the independent
auditors’ unmodified report for the City’s financial statements for the fiscal
year ended June 30, 2019, and the Auditors’ Letter to Council.
MANAGEMENT TEAM
ASSOCIATION
3.M. Salary Resolution and Side Letter, were adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11235 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE A SIDE LETTER TO AMEND THE MANAGEMENT
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TEAM ASSOCIATION MEMORANDUM OF
UNDERSTANDING TO PROVIDE A TEMPORARY
SUPPLEMENTAL SALARY DIFFERENTIAL FOR THE
POSTION OF CHIEF OPERATIONS OFFICER-AIRPORT
DIRECTOR.”; and
2. Adopt attached Resolution No. 11236 (CCS)entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING A NEW CLASSIFICATION
AND ADOPTING A SALARY RATE FOR MOBILITY
MANAGER”.
EMPLOYEE BENEFITS
3.L. Resolution Nos. 11233 (CCS) and 11234 (CCS) Authorizing the
City Manager to Execute Memoranda of Understanding No. 11010
(CCS) Setting the Terms and Conditions of Medical Insurance
Coverage and the California Public Employees Retirement Plan with
the Administrative Team Associates (ATA), California Teamsters
Local 911 (IBT), Management Team Association (MTA), Municipal
Employees Association (MEA), Public Attorneys Union (PAU), Public
Attorneys' Legal Support Staff Union (PALSSU), Supervisory Team
Association (STA), United Transportation Union, Local 1785
(SMART), Executive Pay Plan Participants, and certain unrepresented
classifications, were presented.
Recommended Action
Staff recommends that Council:
1) Adopt attached Resolution No. 11233 (CCS) authorizing the City
Manager to execute Memorandum of Understanding (MOU) No.
11010 (CCS) between the City and the Coalition of Santa Monica
City Employees ("the Coalition") adopting the terms and conditions
of the contract for Retirement Benefits with the City's
miscellaneous employee (non-safety) units and certain
unrepresented employees, namely the Management Team
Association, Supervisory Team Association, Administrative Team
Associates, Municipal Employees Association, California
Teamsters Local 911, Public Attorneys Union, Public Attorneys'
Legal Support Staff Union, International Association of Sheet,
Metal, Air, Rail, and Transportation Workers - Transportation
Division Local 1785, Executive Pay Plan Participants and certain
Unrepresented Employees.
2) Adopt attached Resolution No. 11233 (CCS) authorizing the City
Manager to execute the Memorandum of Understanding (MOU)
between the City and the Coalition of Santa Monica City
Employees ("the Coalition") adopting the terms and conditions of
the contract for Medical Benefits with the City's miscellaneous
employee (non-safety) units and certain unrepresented employees,
namely the Management Team Association, Supervisory Team
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Councilmember Jara
excused at 8:28 p.m.
Association, Administrative Team Associates, Municipal
Employees Association, California Teamsters Local 911, Public
Attorneys Union, Public Attorneys' Legal Support Staff Union,
International Association of Sheet, Metal, Air, Rail, and
Transportation Workers - Transportation Division Local 1785,
Executive Pay Plan Participants and certain Unrepresented
Employees.
3) Adopt attached Resolution No. 11234 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO DISCONTINUE PAYING AND
REPORTING THE VALUE OF EMPLOYER PAID MEMBER
CONTRIBUTIONS FOR THE ADMINISTRATIVE TEAM
ASSOCIATES (ATA), CALIFORNIA TEAMSTERS LOCAL 911
(IBT), MANAGEMENT TEAM ASSOCIATION (MTA),
MUNICIPAL EMPLOYEES ASSOCIATION (MEA), PUBLIC
ATTORNEYS UNION (PAU), PUBLIC ATTORNEYS' LEGAL
SUPPORT STAFF UNION (PALSSU), SUPERVISORY TEAM
ASSOCIATION (STA), UNITED TRANSPORTATION UNION,
LOCAL 1785 (SMART), EXECUTIVE PAY PLAN
PARTICIPANTS (EPP), AND CERTAIN UNREPRESENTED
CLASSIFICATIONS”.
Councilmember Jara pulled this item to recuse herself to avoid the
appearance of a conflict of interest because her daughter works for the city.
Motion by Councilmember Himmelrich, seconded by Councilmember
Winterer, to adopt the resolutions. 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
ADMIN. PROCEEDINGS:
1531 GEORGINA
AVENUE
Councilmember Jara
returned at 8:30 p.m.
6.A. Appeal 19ENT-0423 of the Landmarks Commission’s
determination to approve Application 19ENT-0281 designating the
single-unit residential property located at 1531 Georgina Avenue as a
City Landmark and associated Landmark Parcel, was presented.
Recommended Action
Staff recommends that the City Council approve the proposed appeal of
Landmark Designation 19ENT-0281 and find the property ineligible as a
City Landmark or Structure of Merit based on the findings provided in this
staff report.
Ex-Parti Communication:
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Councilmember Davis drove by the property on Saturday approximately 3
p.m. and got out and looked at the property.
Councilmember Himmelrich walks by the property often and is familiar
with it. She also saw Ms. Leher this evening and discussed the property,
and she received correspondence from Ms. Leher and Ms. Leimlein.
Councilmember Winterer has had no conversations with the applicant,
appellant, the commission or conservancy. But, he ran into Jeffrey Sturgin
on Sunday who said he was going to send an email encouraging Council to
deny the appeal, and that email is part of the public record.
Questions asked and answered of staff included: why didn’t the staff report
more about the partnership projects that Byers and Muir did together; did
you look at other projects that were designed around that time to see if her
name was on any; what is the reason that one Landmark and another
architect didn’t think this was landmark worthy because of the #5 criteria;
when does the demolition permit expire; if the Council approves the appeal,
would the property owner have to reapply for the demolition permit; what
is the landmark rule about remodeling the inside of a house; are there two
staff reports for this item and what is asked when requesting a report; and,
when a property is landmarked, is there another step that is taken to inform
the public about the designation.
The appellant Hee Yun Kim spoke in support of the appeal.
Members of the public Ken Breisch, Ruthann Leher and Jerry Rubin were
present and spoke to the recommendation.
Motion by Councilmember Davis, seconded by Councilmember Morena, to
deny the appeal and uphold the designation based on the findings identified
in the landmarks commission statement of official 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:
GREEN BUILDING CODE
Mayor Pro Tem O’Day
excused at 9:23p.m.
7.A. Introduction and First Reading of an Ordinance Amending
Article VIII of the Santa Monica Municipal Code to Adopt Local
Amendments to the 2019 California Green Building Standards Code
Relating to Electric Vehicle Parking Requirements for Newly
Constructed Buildings, was presented.
Recommended Action
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Staff recommends that the City Council 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.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
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 Jara, Winterer, Davis, Himmelrich, Morena
Mayor McKeown
NOES: None
ABSENT: Mayor Pro Tem O’Day
ZONING
Mayor Pro Tem O’Day
returned at 9:27 p.m.
7.B. Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2633 (CCS) entitled “AN EMERGENCY INTERIM
ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING CHAPTER 9.39 AND SECTION
9.40.020 TO INCREASE THRESHOLDS FOR REVIEW OF ONE
HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND
HOUSING PROJECTS SUBJECT TO THE HOUSING
ACCOUNTABILITY ACT BY ADMINISTRATIVE APPROVAL”
and Resolution Nos. 11237 (CCS) through 11239 (CCS) for Associated
Amendments to the Text of the Land Use and Circulation Element,
Bergamot Area Plan, and Downtown Community Plan Authorizing
100% Affordable Housing Projects and Housing Projects Compliant
with the Housing Accountability Act to be reviewed through an
Administrative Approval process, was presented.
Recommended Action
That the City Council:
1) Adopt Resolution No. 11237 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE LAND USE AND CIRCULATION ELEMENT
OF THE GENERAL PLAN OF THE CITY OF SANTA MONICA
TO INCREASE THRESHOLDS FOR MINISTERIAL REVIEW
OF ONE HUNDRED PERCENT AFFORDABLE HOUSING
PROJECTS AND HOUSING PROJECTS SUBJECT TO THE
HOUSING ACCOUNTABILITY ACT”.
2) Adopt Resolution No. 11238 (CCS) entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE BERGAMOT AREA PLAN TO INCREASE
THRESHOLDS FOR MINISTERIAL REVIEW OF ONE
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HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS
AND HOUSING PROJECTS SUBJECT TO THE HOUSING
ACCOUNTABILITY ACT.”
3) Adopt Resolution No. 11239 (CCS) entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE DOWNTOWN COMMUNITY PLAN TO
INCREASE THRESHOLDS FOR MINISTERIAL REVIEW
HOUSING PROJECTS SUBJECT TO THE HOUSING
ACCOUNTABILITY ACT”.
4) Introduction and Adoption of Urgency Interim Zoning
Ordinance No. 2633 (CCS) entitled “AN EMERGENCY
INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING CHAPTER 9.30
AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR
REVIEW OF ONE HUNDRED PERCENT AFFORDABLE
HOUSING PROJECTS AND HOUSING PROJECTS SUBJECT TO
THE HOUSING ACCOUNTABILITY ACT BY
ADMINISTRATIVE APPROVAL”
Questions asked and answered of staff included, but not limited to: why
this being done as an emergency IZO; if someone submits a proposal
tomorrow to be reviewed under the Administrative Approval standards, do
those other things like changes to the APP reach back or do they look at
whatever the standards at the time the application is submitted; with the
AA’s for Tier 2, would that have any impact on the historic residential
neighborhoods; would all of the 100 percent market rate still be required to
have some inclusionary component; is this ordinance going to make sure
that this does not turn into corporate housing; is there a way to interpret to
make sure that these are not used for commercial use, but that they are truly
used for residential use only; was the option presented to the Planning
commission to go with the Housing Accountability Act (HAA) compliance
for affordable housing, where there is a 20 percent requirement for lower
income units, and up to 100 percent up to 150; by doing Tier 2 the way we
are planning, will this hurt 100 percent affordable housing; will this impact
the 1,000 projects that are currently in the pipeline already; will the
Planning Director be able to approve any minor changes; how is public
input valued in this process; why isn’t the elimination of D.A. agreements
included in here; how do we get moving on some of the housing element
that was previously discussed as part of the affordable housing study
session; to include a public process, would that community meeting be
something that the developer would be responsible for and would there be
any city staff present at that public meeting; what would keep a developer
from gaming the system by not being truthful of the public process; is the
landlord required to write a lease for at least a year; do you think it would
be well advised to create another precondition for the streamlining process
for market rate housing that the inclusionary zoning be distributed
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equitably throughout the project; are developers allowed pro-ration of a
lease; and, is there a way to include a provision that addresses advertising
for units.
The City Attorney read into the record the strikethroughs in the ordinance
and resolution attachments for clarification.
Members of the public Leslie Lambert, Sonia Surish, Leonora Camner,
Hank Koning, Steven Speilberg, Marc Verville, Denise Barton, Candy
Arnold, Zina Josephs, Kathy Knight, Sentayohn Silassia, Jennifer Kennedy,
Tara Barauslas, David Raid, Michael Tarbet, Jason Islas, Carl Hansen,
Paula Larmore, Judy Abdo, and Shawn Landres spoke to the recommended
action.
Motion by Councilmember Davis, seconded by Councilmember Jara, to
adopt Resolution No. 11237 (CCS), to amend he text of the Land Use And
Circulation Element to authorize one hundred percent Affordable Housing
Projects, and Tier 2 Housing Projects, in compliance with Housing
Accountability Act, to be reviewed through the Administrative Approval
process, with the technical amendments read into the record by the City
Attorney. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winter, Jara
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Jara, to
adopt Resolution No. 11238(CCS) to amend the text of the Bergamot Area
Plan to authorize one hundred percent Affordable Housing Projects and Tier
2 Housing Projects in compliance with the Housing Accountability Act, to
be reviewed through and Administrative Approval process, with the
technical amendments read into the record by the City Attorney. 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 Davis, seconded by Councilmember Jara, to
adopt Resolution No. 11239 (CCS) to amend the text of the Downtown
Community Plan to authorize Tier 2 Housing Projects to be in compliance
with the Housing Accountability Act, to be reviewed through an
Administrative Approval process, with the technical amendments read into
the record by the City Attorney, as well as the amendments related to an
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additional requirement for a deed restriction, as well as the additional
requirement related to a community meeting, read into the record earlier
during the meeting. The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara
Mayor Pro Tem O’Day, Mayor McKeown
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Jara, to
introduce and adopt Emergency Interim Ordinance No. 2633 (CCS) to
amend Chapter 9.30 and Section 9.40.020 to authorize one hundred percent
Affordable Housing Projects and Tier 2 Housing Projects in compliance
with the Housing Accountability Act to be reviewed through an
Administrative Approval process, with the technical amendments read into
the record by the City Attorney, as well as the amendments related to an
additional requirement for a deed restriction, as well as the additional
requirement related to a community meeting, read into the record earlier
during the meeting. 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
COMMISSION ON THE
SENIOR COMMUNITY
13.A. Recommendation to accept Paula Fern’s resignation from the
Commission on the Senior Community and authorize the City Clerk to
publish the vacancy, was presented.
There were no members of the public present.
Motion by Councilmember Davis, seconded by Councilmember Jara, to
accept the resignation with regret. The motion was unanimously approved
by voice vote, with all members present.
PUBLIC INPUT: Members of the public Karim Kamal, Eduardo Agurcia, Chad Kroeger, J.T.
Parr, and Johnathan Foster commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:13 a.m. in
memory of Allen Fremont.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
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