M-092810CITY OF SANTA MONICA
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SEPTEMBER 28, 2010
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem
O'Connor at 5:32 p.m., on Tuesday, September 28, 2010, at City Council Chambers, 1685 Main
Street.
Roll Call: Present: Mayor Bobby Shriver (arrived at 5:45 p.m.)
Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook (arrived at 6:00 p.m.)
Councilmember Kevin McKeown
Councilmember Terry O'Day (arrived at 5:50 p.m.)
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of Mayor Pro Tem O'Connor, the City Council convened at
5:32 p.m., with Councilmembers O'Day, Holbrook, and Mayor
Shriver absent. Councilmember Davis led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS: Members of the public Joey Fullmer and Pro Se commented on
various closed sessions.
On order of the Mayor Pro Tem, the City Council recessed at 5:38
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 —Existing Litigation:
Embassy, LLC et al., v. City of Santa Monica, Los Angeles
Superior Court Case Number BS119080.
The City Attorney reported that this matter was heard and no
reportable action was taken.
1-B: Conference with Legal Counsel— Existing Litigation:
September 28, 2010
Gobrial v. City of Santa Monica, et al, Los Angeles Superior
Court Case Number SC 107220.
The City Attorney reported that this matter was heard and no
reportable action was taken.
I -C: Conference with Legal Counsel — Existing Litigation: City
of Santa Monica v. Expedia, Inc., et al, Los Angeles Superior
Court Case Number SC 108568.
The City Attorney reported that this matter was heard and no
reportable action was taken.
1-D: Conference with Legal Counsel —Existing Litigation: City
of Santa Monica v. B1ackRock, et al, Los Angeles Superior Court
Case Number SC106784.
After return from closed session, there was no reportable action on this
matter. Subsequently, after the adoption of the ordinance listed as
Item 7-D, the City Attorney advised it was appropriate to approve the
following recommended Settlement No. 9279 (CCS): BlackRock
agrees that the current affordable housing production program
ordinance and current administrative guidelines would apply to the
affordable housing obligations applicable to that project.
Motion by Councilmember O'Day, seconded by Councilmember
McKeown, to approve the proposed settlement. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
1-E: Conference with Legal Counsel —Anticipated Litigation:
Funo Administrative Appeal — Personnel Complaint No. 08-0006
The City Attorney recommended the following settlement on the
above administrative appeal of a disciplinary action: One year's back
pay to Ms. Funo, purchase of two years of air time, and the resignation
of Ms. Funo from City employment.
Motion by Councilmember McKeown, seconded by Councilmember
2 September 28, 2010
Gleam; to approve Settlement No. 9280 (CCS). The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES:None
ABSENT: None
SPECIAL ITEMS: 2-A: Presentation by the American Youth Soccer Organization
AYSO PRESENTATION (AYSO) - Santa Monica's Girls Soccer Team, Region 20 - in
appreciation for the City's support of the 2010 Santa Monica
Sister Cities AYSO Cultural Exchange and Soccer Tournament
held in Fujinomiya, Japan, was presented.
Mayor Shriver and City Councitmembers received gifts and comments
of appreciation from the Santa Monica Girls' Soccer Team.
CONSENT CALENDAR: Members of the public Joey Fullmer, Pro Se, Denise Barton, Kelly
Lauberback, Deborah Ramber, A. Reddy, Randy Walburger, Ken
Ward and Pat Gordon commented on various consent calendar items
and expressed their opinions.
At the request of Mayor Shriver, Item 3-K was removed from the
Consent Calendar.
MINUTES 3-A: The minutes of the September 14, 2010, City Council meeting
were approved as submitted.
ICE SKATING RINK 3-B: Bayside Seasonal Ice Skating Rink -recommendation to
authorize the City Manager to negotiate and execute License
Agreement No. 9281 (CCS) with the Bayside District Corporation for
use of City -owned property at 1324 5th Street for an ice skating
program for the 2010/2011 winter season with options for renewal on
an annual basis through the holiday season ending February 20 Li, was
approved.
REFUSE PACKERS 3-C: Purchase of front load refuse packer units —
recommendation to authorize the City Manager to issue a purchase
order for two new and unused front load refuse packer units from
Boemer Truck Center, in the amount of $515,088, was approved.
3-1): Award of bid for water treatment chemicals —
recommendation to split award of Bid No. 3001, with an estimated
September 28, 2010
annual expenditure of $227,000, among Olin Chlor Alkali Products,
Basic Chemical Solutions LLC, Brenntag and Univar for purchase of
various water treatment chemicals, was approved.
WOODLAWN 3-E: Resolution No. 10528 (CCS) entitled: "A RESOLUTION OF
CEMETERY THE CITY OF SANTA MONICA REVISING THE INTEREST
RATE FOR PRE -NEED PAYMENT PLANS AT THE
WOODLAWN CEMETERY AND MAUSOLEUM FROM ONE
PERCENT PER MONTH TO AN ANNUALIZED RATE OF
TWELVE PERCENT," was adopted.
AWARD OF GRANT 3-F: 2010 Edward Byrne Memorial Justice Assistance Grant—
FUNDS recommendation to accept a $62,521 grant award from the U.S.
Department of Justice; and approve the proposed establishment of a
revenue budget and appropriation of funds, for certified crime lab
services, was approved.
AFFORDABLE HOUSING 3-G: Resolution No. 10529 (CCS) entitled: "<A RESOLUTION OF
UNIT BASE FEE THE CITY OF SANTA MONICA AUTOMATICALLY
ADJUSTING THE AFFORDABLE HOUSING UNIT BASE FEE
FOR NEW MARKET -RATE MULTIFAMILY DEVELOPMENT
PURSUANT TO MUNICIPAL CODE SECTION 9.56.070(B)
BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND
COSTS," was adopted.
AFFORDABLE HOUSING 3-H: Resolution No. 10530 (CCS) entitled: "A RESOLUTION OF
UNIT DEVELOPMENT THE CITY OF SANTA MONICA AUTOMATICALLY
COST ADJUSTING THE AFFORDABLE HOUSING UNIT
DEVELOPMENT COST PURSUANT TO MUNICIPAL CODE
SECTION 9.56.070(C) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS," was approved.
APPLICATION FOR
GRANT FUNDS
3-I: Resolution No. 105313-J: Resolution No. 10532 (CCS) entitled: "A RESOLUTION OF
(CCS) entitled: "A
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
RESOLUTION OF THE
MANAGER TO EXECUTE MEMORANDUM OF
CITY OF SANTA MONICA
UNDERSTANDING NO. 9282 (CCS) SETTING THE TERMS AND
APPROVING THE
CONDITIONS OF MEDICAL INSURANCE COVERAGE WITH
APPLICATION FOR
MANAGEMENT TEAM ASSOCIATES, SUPERVISORY TEAM
GRANT FUNDS FOR THE
ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES,
SUSTAINABLE
MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC
4 September 28, 2010
COMMUNITIES ATTORNEYS' UNION, UNITED TRANSPORTATION UNION,
PLANNING GRANT AND PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION,
INCENTIVES PROGRAM EXECUTIVE PAY PLAN PARTICIPANTS, AND SANTA
UNDER THE SAFE MONICA FIREFIGHTERS, LOCAL 1109," was adopted.
DRINKING WATER,
WATER QUALITY AND
SUPPLY, FLOOD
CONTROL, RIVER AND
COASTAL PROTECTION
BOND ACT OF 2006
(PROPOSITION 84)," was
adopted.EMPLOYEE
MEDICAL
INSURANCE COVERAGE
MNTN. VIEW MOBILE 3-K: Replacement of previously -proposed Arizona -based
HOME REPLACEMENT manufacturer for the Mountain View Mobile Home Park Rental
Housing Replacement — recommendation to authorize the City
Mayor Shriver was excused Manager to negotiate and execute Contract No. 9283 (CCS) in the
at 705 p.m. amount of $3,000,000 with Golden West Homes, to design, build, and
install 20 new, affordable and sustainable manufactured homes to
replace 20 existing units at Mountain View Mobile Home Park; and
approved the proposed budget changes, was presented.
Mayor Shriver advised that he was recusing himself from participating
in this matter due to a conflict of interest because of his relationship
with one of the owners of the company.
Motion by Councilmember Holbrook, seconded by Councilmember
Davis, was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Shriver
STUDY SESSION: 4-A: Options to generate additional transit revenues for the Big
OPTIONS FOR TRANSIT Blue Bus - recommendation to review and provide input on proposals
REVENUE to generate additional transit revenues for BBB, including:
transit -oriented development on sites owned by BBB; pursuit of
11'Iayor Shriver returned legislative action to modify the State vehicle code to allow installation
at 7.08 p.m. of bus exterior digital advertising; impose fees on new developments
to support transit service and amenities; employee transit passes
5 September 28, 2010
provided by employers; and an increase in parking citation rates
designating the incremental revenue to support BBB operations, was
presented. Members of the public Denise Barton and Denny Zane
commented on the proposed recommendation.
Considerable discussion ensued on the merits of the recommendation
and the presentation. After discussion, the City Council gave
direction to staff, including to work with the City's lobbyists to seek
legislation allowing transit operators in California to use digital
advertising.
On order of the Mayor, the information was received and filed.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2322
EMERITUS POSITION (CCS), entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA ADDING SECTION 2.12.155 TO ADD A POSITION OF
COMMISSIONER EMERITUS ON THE RECREATION AND
PARKS COMMISSION," was presented.
Motion by Councilmember McKeown, seconded by Mayor Shriver, to
adopt ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES:None
ABSENT: None
LEAIiBLOWER 7-B: Second reading and adoption of Ordinance No. 2323 (CCS)
RESTRICTIONS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.08.270 OF THE MUNICIPAL CODE
RELATING TO RESTRICTIONS ON LEAFBLOWER
OPERATIONS," was presented.
Motion by Councilmember McKeown, seconded by ayor Pro Tem
O'Connor, to adopt ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
6 September 28, 2010
AGENSYS 7-C: Second reading and adoption of Ordinance No. 2324 (CCS)
DEVELOP-MENT entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AGREEMENT APPROVING DEVELOPMENT AGREEMENT NO. 9284 (CCS)
BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATION, AND AGENSYS, INC., A CALIFORNIA
CORPORATION," was presented.
Sr. Land Use Attorney, Barry Rosenbaum, noted that subsequent to
introduction of the ordinance there were three typographical errors
discovered in the documents, and that the errors have been corrected
as follows: Regarding the reference in Ordinance Section 4.1 to
"Exhibit O", the exhibit had been removed from the development
agreement, and now the reference has been eliminated in the ordinance
section; the phrase "property transfer" noted in Section 11.03.04,
because it is in quotes, is denoted as specifically defined, however the
phrase is not defined, therefore the quotes will be removed; and, in the
paragraph added to `Exhibit D" at first reading titled "Privacy for
Residential Uses," the last three lines were missing in the version
presented today for adoption, and the lines have been added to the
original document in the City Clerk's possession.
Motion by Councilmember Davis, seconded by Councilmember
Bloom, to adopt ordinance amended by the recommended language
above, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: Mayor Shriver
ABSENT: None
Mayor Shriver stated, for the record, that he voted in opposition
because he feels that this process was insufficient, particularly on the
financial analysis, and the company did not meet the Council's request
for a robust jobs program in their proposal.
ARBORETUM- 7-1): Second reading and adoption of Ordinance No. 2325 (CCS)
DEVELOPMENT entitled: ` AN ORDINANCE OF THE CITY OF SANTA MONICA
AGREEMENT APPROVING THE DEVELOPMENT AGREEMENT NO. 6083
(CCS) AMENDMENT NO. 3 BETWEEN THE CITY OF SANTA
MONICA, A MUNICIPAL CORPORATION, AND CSHV
September 28, 2010
ARBORETUM, LLC, A COMPANY FOR THE PLAZA AT THE
ARBORETUM," was presented.Motion by Councilmember
McKeown. seconded by Councilmember Holbrook, to adopt
ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES:None
ABSENT: None
STAFF ITEMS: 8-A: Development Agreement Compliance Review —
DEVELOPMENT recommendation to review the status of staff follow up on
AGREEMENT development agreement compliance; and determine good faith
COMPLIANCE compliance for those properties that are now in compliance, was
presented.
Members of the public Chris Harding, Kara Altice Montes, Joe
Garciaros, Jerry Rubin, and Nick Eliopoulos spoke generally in
support of the recommendation.
Motion by Councilmember Bloom, seconded by Councilmember
Davis, to approve recommendation. The motion was approved by the
hollowing vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES:None
ABSENT: None
LEASE -1800 STEWART 8-B: Amendment to existing Ground Lease for 1800 Stewart
Street — recommendation to authorize the City Manager to negotiate
and execute a 3rd amendment to Contract No. 8654 (CCS) assigning
the City's ground lease with CF Santa Monica Office VI, LP for
property located at 1800 Stewart Street, to Agensys, Inc. and amending
the Lease to provide: Subject to Agensys' development of the site for
its research and development facility, an assignment to Agensys of the
current lease and an option to extend the lease for 10 years, from
1/1/33 through 12/31/42 will be granted. The base rent during the
extension term will be adjusted to fair market rent at highest and best
use of the land based upon its value under the then current zoning, but
without considering any building improvements. Increases in the rent
during the extension term would occur every 30 months, in accordance
September 28, 2010
with the Consumer Price Index, but not less than 3% or more than 7%.
Agensys, Inc., will be required to pay for the closure, relocation
and/or repair of two ground water monitoring wells that are on the
property and will be impacted by the construction, not to exceed
$50,000, was presented, noting the revised recommendation
distributed by staff at this meeting.
Member of the public, Dale Goldsmith, representing Agensys, spoke
in support of the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to approve recommendation as revised to strike out the phrase
assignment nt Agensys of the
~ lease and 'revising the
second sentence in the second paragraph to read: "The base rent during
the extension term will be adjusted to fair market rent at highest and
best use based on the value of the land without considering any
building improvements at the then current zoning." In addition,
revising the last sentence of the recommendation to read: "A
requirement that Agensys, Inc., will, at the direction of the City, close,
relocate and/or repair two ground water monitoring wells that are on
the property and will be impacted by the construction and will pay for
these direct costs, not to exceed $50,000." The motion was approved
by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor
NOES: Mayor Shriver
ABSENT: None
Mayor Shriver noted, for the record, he voted in opposition because he
thinks the City didn't get a good enough deal for its land which is now
going to be encumbered with a 30 -year lease.
APPOINTMENTS 13-A: Annual Appointments to the following Boards and
Commissions.
Board/Commission No. of Appts. Terms Ending
Com. Senior Community 1 06/30/2014
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Paula Fern. There being no
other nominations, Ms. Fern was appointed by acclamation, with all
September 28, 2010
members present.
Board/Commission No. of Appts. Terms Ending
Com. Status of Women 1 06/30/2014
Emeritus Member 1 06/30/2012
On order of the Mayor, this matter continued with direction to staff to
clarify conflicting letters of recommendation from the Commission.
PIER RESTORATION 13-13: Annual appointment to one position on the Pier
CORP. Restoration Corporation for a term ending on November 10, 2013.
On order of the Mayor, this matter was continued to October 12, 2010.
ARTS COMMISSION 13-C: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on June 30, 2011.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Iao Katagiri. There being no
other nominations, Iao Katagiri was appointed by acclamation, with all
members present.
RECS & PARKS COMM. 13-D: Appointment to one unscheduled vacancy on the
Recreation & Parks Commission for a term ending on June 30,
2013.
On order of the Mayor, this matter was continued to October 12, 2010.
AB 1060 13-E: Request of Councilmember McKeown that the City of
Santa Monica support the signing by the Governor of AB 1060, a
bill already passed by the California Legislature which would
prohibit the sale of alcoholic beverages using self -serve checkout
systems; and convey to the Governor our desire that he sign AB
1060 into law without delay, was presented.
Members of the public Bridie Roberts and Elliot Petty spoke in
support of the request.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve request. The motion was approved by the
following vote:
10 September 28, 2010
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES:None
ABSENT: None
SENIOR COMMUNITY 13-F: Appointment to one unscheduled vacancy on the
COMMISSION Commission for the Senior Community for a term ending on June
30, 2012.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Barbara Inatsugu.
Discussion ensued on the nomination and on the recommendation for
appointment submitted by the Commission. After discussion, with the
consensus of Council, this matter was continued to October 12, 2010.
SANTA MONICA 13-G: Request of Councilmember McKeown that the Council
PLAYHOUSE authorize the City Manager to amend the existing agreement with
the Santa Monica Playhouse to better address current needs, by
releasing $30,000 of $75,000 in already -allocated funding to
provide rent relief, spur fundraising through a matching grant,
and establish a long-term plan for retention of this valued
community cultural resource, was presented.
Members of the public Matthew Gibbons, Berkeley Sanjay and Chris
DeCarlo spoke in support of the request.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve request. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton, Pro Se, M. Ross, and Ann
Marie Kirby commented on various local issues.
1 I September 28, 2010
1XIIJUMMUNQ
On order of the Mayor, the City Council meeting was adjourned at 9:41
p.m., in memory of Carol Hector and G1o�a Stewart.
ATTEST-
Maria��
M. Stewart
City Clerk
mayor
12 September 28, 2010