M-020811CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 8, 2011
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:39
p.m., on Tuesday, February 8, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Gleam Davis
Councihmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Terry O'Day
Councilmember Shriver (arrived at 7:00 pm.)
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDdsE On order of Mayor, the City Council convened at 5:39 p.m., with
Councilmember Shriver absent. Council Office Manager Sonia Ramos
led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment.
On order of the Mayor, the City Council recessed at 5:41 p.m., to
consider closed sessions and returned at 6:40 p.m., with Councilmember
Shriver absent, to report the following:
1-A: Conference with Legal Counsel -Existing Litigation: Finlev
v. Cats of Santa Monica, Los Angeles Superior Court Case Number
SC 104021.
City Attomey Marsha Moutrie reported that this item was not heard.
1-B: Conference with Legal Counsel -Existing Litigafion: Ci of
Santa Monica v. Federal Aviation Administration, Court Case No.
09-1233.
City Attorney Marsha Moutrie reported that this item was heard and no
reportable action was taken.
1-C: Conference with Legal Counsel -Existing Litigatflon: Taxi
February 8, 2011
Driver's Association, et al., v. City of Santa Monica, et al., Los
Angeles Superior Court Case Number BC 491609.
City Attorney Marsha Moutrie reported that this item was heard and no
reportable action was taken.
1-D: Conference with Legal Counsel -Existing Lnfigation:
Embassy LLC and PRG Embassy, LP v. City of Santa Monica et al.,
Los Angeles Superior Court Case Number BS 119080.
City Attorney Marsha Moutrie reported that this item was not heard.
1-E: Conference with Real Property Negotiator:
Property: 3100 Neilson (recorded as 3275 Barnard y3'ay)
City Negotiator: Andy Agle, Dir., Housing & Economic Dev.
Under Negotiation: Extension of Affordability Covenant
Owner of Record: Neilson Villa
City Attorney Marsha Moutrie reported that this item was heard, and no
reportable action was taken. Ms. Moutrie noted that the issue related on
this closed session focused on whether or not the City should exercise an
option to purchase.
C®NSENT CALENDAR: Members of the public Denise Barton; Joey Fullmer, Louisa Fish, and
Brian Hutchings commented on various Consent Calendar items.
At the request of Mayor Pro Tem Davis, Item 3-H was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Councilmember
O'Dati, to approve all items on the Consent Calendar as presented,
except Item 3-H, reading resolutions by title only and waiving fiu~ther
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Dav, Holbrook,
O'Connor, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
MINUTES 3-A: The minutes of the January 17, 2011, City Council meeting,
were approved as submitted.
February 8, 2011
FIRE ENGINE 3-B: Purchase of Eire engine equipment -recommendation to
EQUIPMENT authorize the City Manager to award Bid No. 3015 to L.N. Curtis &
Sons, in the amount of $155,465, for the purchase and delivery of fire
engine equipment, was approved.
COLD MILLING 3-C: Purchase of cold milling machine -recommendation to
MACHINE authorize the City Manager to award Bid No. 3016 to Nixon-Egli
Equipment Company, in the amount of $406,953, for the purchase and
delivery of one new cold milling machine, was approved.
RELOCATION PLAN 3-D: Relocation plan for proposed affordable housing at 520
FOR 520 COLORADO Colorado Avenue -recommendation to approve Relocation Plan for
proposed affordable housing at 520 Colorado Avenue, was approved.
NATURAL GAS FUEL 3-E: Big Blue Bus liquid natural gas fuel supply -recommendation
to authorize the City Manager to issue an interim purchase order to Clean
Energy, in the amount of $1,800,000, to purchase liquefied natural gas
fuel un61 a formal bid is completed and a new provider is recommended,
was approved.
OVERHAUL OF 3-F: Cummins Natural Gas Engine Overhaul Services on Transit
TRANSIT BUSES Buses -recommendation to authorize the City Manager to amend
Purchase Order No. 17635 to increase the annual amount and authorize
complete allocation of natural gas engine overhaul services provided by
Cnmmns Cal Pacific from $200,000 to an amount not to exceed
$500,000 annually for FY 2010-11 through FY 2012-13, was approved.
STREET LIGHTING 3-G: Professional Services Agreement for Street Lighting Design
DESIGN Servfices -recommendation to authorize the City Manager to negotiate
and execute professional services Agreement No. 9337 (CCS) with
Willdan Engineering, in the amount of $429,000, to provide street
lighting design services for the multi-year street light conversion
program, was approved.
CAL-PERS MEMBER 3-I: Resolution No. 10557 (CCS) entitled, "RESOLUTION OF THE
CONTRIBUTIONS CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING
EMPLOYER PAID MEMBER CONTRIBUTIONS," was adopted.
TRANSACTIONS AND 3-J: Resolution No. 10558 (CCS) entitled, "A RESOLUTION OF
USE TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS
WITH THE STATE BOARD OF EQUALIZATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE
TAX," was adopted.
February 8, 2011
DOWNTOWN AND 3-K: Downtown and Bergamot Station LUCE implementation
BERGAMOT STATION Circulation Analysis -recommendation to authorize the City Manager
LUCE ANALYSIS to execute an amendment to Contract No. 9103 {CCS) with Fehr &
Peers, in the amount of $275,100 for a total of $619,100. to provide
detailed travel demand modeling and micro-simulation traffic operational
analysis services for implementation of the LUCE and Expo Light Rail,
in the Downtown and Bergamot station areas, was approved.
IMPLEMENTATION 3-H: Contracts for services related to priority Land Use &
OF LUCE Circulation Element {LUCE) implementation efforts and design
coordination -recommendation to authorize the City Manager to
negotiate and execute contract amendments with: 1}the Odermatt Group
{Contract No. 8729{CCS)), in the amount of $75,000 for a total amount
of $940,000, for urban design services to implement Downtown
visioning for the City-owned site at ~cn and Arizona Avenue and
Bergamot Area Plan; and, 2) Nelson/Nygaard Consulting Associates
(Contract No. 8866 (CCS)), in the amormt of $190,000 for a total amount
of $724,785, for continued transportation planning services for
implementation of the LUCE bicycle and circulation network, shared
parking strategies for new development, focus circulation planning in the
Downtown, Bergamot Transit Village and Memorial Park; and
participation in community workshops. Recommendation to authorize
the City Manager to: execute Contract No. 9338 (CCS) with Urban
Studio, in the amount of $125,000, to provide architecture and graphics
services in support of the Downtown Specific Plan and Bergamot Area
Plan, production of visualizations and maps, project feasibility studies,
and meeting facilitation; to accept a grant from the Department of
Housing and Urban Development in the amount of $652,500, for the
Bergamot Transit Village and Mixed Use Creative District Master Plan;
and, authorize proposed budgetary changes, was presented.
Mayor Pro Tem Davis advised that she removed this item from the
Consent Calendar to ask staff for clarification on the parameters of the
scope of sere~ices for the contracts. Staff provided additional information
and answered questions of Councilmembers.
Motion by Mayor Pro Tem Davis, seconded by Councilmember
McKeowm, to approve the recommendation. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook,
O'Connor, Mayor Pro Tem Davis. Mayor Bloom
NOES: None
ABSENT: Couneilmember Shriver
4 February 8, 2011
ORDINANCES: 7-A: Second reading and adoption of an Ordinance No, 2346
PUBLIC HEALTH AND {CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
FOOD SAFETY CITY OF SANTA MONICA AMENDING ARTICLE 5 OF THE
SANTA MONICA MUNICIPAL CODE RELATED TO PUBLIC
HEALTH AND FOOD SAFETY," was presented.
Member of the public Jerry Rubin spoke in support of the ordinance.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt Ordinance No. 2346 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT; Councilmember Shriver
BICYCLE LICENSING 7-B: Second reading and adoption of Ordinance No. 2347 {CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA REPEALING CHAPTER 3.20 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO THE LICENSING OF
BICYCLES," was presented.
Motion by Councilmember O'Dav, seconded by Mayor Pro Tem Davis
to adopt Ordinance No. 2347 (CCS), reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councihnembers O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSTAIN: Cowicilmember Holbrook
ABSENT: Councilmember Shriver
BAN OF PLASTIC 7-C: Second reading and adoption of Ordinance No. 2348 (CCS)
CARRYOUT BAGS entitied, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA PROHIBITING RETAIL ESTABLISHMENTS
FROM PROVIDING SINGLE USE PLASTIC CARRYOUT BAGS
AND REGULATING THE USE OF PAPER CARRY OUT BAGS:'
was presented.
Motion by Councilmember O'Connor, seconded by Councilmember
O'Dav, to adopt Ordinance No. 2348 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
February 8, 2011
AYES: Councilmembers McKeown, O'Day, Holbrook.
O'Connor, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriner
LUCE INTERIM 7-D: Second reading and adoption of Ordinance No. 2345 (CCS)
DEVELOPMENT entifled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
PROCEDURES OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT
PROCEDURES PENDING IMPLEMENTATION OF THE LUCE." was
presented_
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt Ordinance No. 2345 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
folloc~ring vote:
AYES: Councilmembers O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSTAIN: Cotmcilnember Holbrook
ABSENT: Councilmember Shriner
LIBRARY RULES 7-E: Introduction and first reading of an ordinance amending
Chapter 1.08 of the Santa Monica Municipal Code regarding rules
Councilmember Shriner for use of City libraries to allow the Library to suspend the Librars~
carrivecl tst ?:00 p.m. visitation and borrowing privileges of patrons violating the Library
Rules of Conduct, was presented.
Member of the public Jerry Rubin spoke in support of the proposed
ordinance.
Motion by Cowicilmember O'Connor. seconded by Manor Pro Tem
Davis to introduce ordinance for first reading, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, Shriner,
O'Connor, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
DENSITY BONUS AND 7-F: Introduction and first reading of an ordinance adopting a
AFFORIDABLE Text Amendment amendang Santa Monica Municipal Code Sections
HOUSING 9.04.10.14.040, 9.04.10.14.050, and 9.56.050 and adding Sections
INCENTIVES 9.04.10.14.060, 4.04.10.14.010, 9A4.10.14.080, and 4.14.10.040 to
modify the City's density bonus and affordable housing incentives in
6 Febniary 8, 2011
accordance with State density bonus law which will provide
affordable housing incentives in the Gity's residential zones, was
presented.
Staff noted the following recommended changes to the ordinance from
the Planning Commission: To clarify that parking incentive is in
addition to the parking incentives that are provided in the Zoning
Ordinance; and, modify the rear-yard setback incentive. In addition, staff
made the following clerical corrections: add to Section 9.04.10.14.010
{a) in the parking incentive section, "as an alternative to Section
9.04.10.08.04"; delete "so long as rear yard setback is at least five feet,"
from Section 9.04.10.14.060(f}(3); delete the phrase "a density bonus
and," from Section 9.04.10.14.080{c); add "concession or incentive" in
place of the word "waiver" in Section 9.04.14.14.080(0)(3); delete the
phrase "a density bonus and" from Section 9.04.10.14.080{d) (2); and,
fill in the blank after "Ordinance" with No. 2345 (CCS) in Section 8.
Members of the public Catherine Eldridge and Christel Anderson
expressed concerns regarding some aspects of the proposed ordinance
and public participation in this process.
Motion by Councilmember McKeown, seconded by Cormcilmember
O'Connor to introduce the ordinance, amended to include the Planning
'' Commission's recommendations and the corrections provided by staff;
for first reading, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
STAFF ITEMS: At the request of the City Manager and on order of the Mayor, Items 8-A
MII2-YEAR 2010-11 and $-B were heard concurrently.
BIIDGET
8-A: Mid-Year 2010-11 Budget - recommendation to: {t}
Appropriate Fiscal Year 2010-11 budget changes and adjust revenue
budgets as proposed; (2) adopt Resolution No. 10559 (GCS} entitled, "A
RESOLUTION OF THE CITY COUNCIL ESTABLISHING
NEW CLASSIFICATIONS AND ADOPTING SALARY RATES
FOR VARIOUS POSITIONS"; (3}approve the position and
classification changes; and (4} adopt Resolution No.10560 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL SETTING THE
AMOUNT OF FEES TO BE CHARGED FOR THE USE OF
COMMUNITY AND RECREATIONAL FACILITIES OPERATED BY
THE COMMUNITY AND CULTURAL SERVICES DEPARTMENT,
7 February 8, 2011
AND FOR THE USE OF BEACH PARKING LOTS, AND A
DEFINITION OF FACILITY USER CATEGORIES"; Resolution No.
l OSbl (CCS} entitled, "A RESOLUTION OF THE CITY COUNCIL
ESTABLISHING USER FEES FOR SOCIAL SERVICE. RECRE-
ATION AND COMMUNITY PROGRAMS, CLASSES AND SERVI-
CES OF THE DEPARTMENT OF COMMUNITY AND CULTURAL
SERVICES "; Resolution No. 1062 {CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL ESTABLISHING APPLICATION FEES,
ADMINISTRATIVE FEES, AND NEIGHBORHOOD NOTIFICATION
FEES FOR COMMUNITY EVENTS"; and Resolution No. 10563 {CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL ESTABLI-
SHINGFEES FOR ANIMAL CONTROL SERVICES, was presented.
FINANCIAL 8-B: Five year financial forecast, 2-year budget and expenditure
FORECAST control budgeting, public comment on emerging issues including
comments on Community Development Block Grant and Home
Im~estment Partnership Act Programs, and discussion of emerging
issues for the FY201I-13 budget-recommendation to: (1) Receive the
FY2011-I2 through FY2015-1b Five Year Financial Forecast as
background for development of the FY2011-13 budget (2) approve the
change to a Biennial Budget and Expendihue Control Budgeting; {3)
receive public comments on FY2011-13 budget priorities and emerging
issues, including Community Development Block Grant (CDBG} and
Home Investment Partnership Act Program funds; and (4} provide staff
with direction on Emerging Issues to guide the development of the
FY2011-13 budget, was presented.
Members of the public Denise Barton, Ruth Michaelson, Clay Evans;
Rebecca Campbell, Jerry Rubin, Michael Cahn, Gary Kavanaugh, Zach
Miller, Karen Miller, Christel Anderson, Lorusa Fish, and Barbara Filet-
Lake commented on various aspects of the presentation and the
recommendation.
Considerable discussion ensued on the presentations, the financial
forecast, staff recommendations, on comments from members of the
public, and on the City's basic needs and services.
Motion by Councilmember McKeown, seconded Mayor Pro Tem Davis,
to appropriate the proposed budget changes and adjust revenue budgets.
The recommendation was approved by the following vote:
AYES: Councihnembers McKeown. O'Day, Holbrook, Shriver,
O'Connor. Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
February 8, 2011
Motion by Mavor Pro Tem Davis. seconded by Councihnember
O'Connor, to approve resolution establishing classification and salary
rates and approve position and classification changes. The recommend-
dation was approved by the following vote:
AYES: Councihnembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember O'Connor, seconded by Mavor Pro Tem
Davis, to approve resolution setting fees for use of community and
recreational facilities and parking lots and defining facility user
categories. The rewmmendation was approved by the following vote:
AYES: Councihnembers McKeown, O'Day, Holbrook,
O'Connor, Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Shriver
ABSENT: None
Motion by Mavor Pro Tem Davis, seconded by Councilmember
O'Connor, to approve resolution establishing user fees for social service,
recreatian and community programs and classes and services of the
Community and Cultural Services Department. The recommendation
was approved by the following vote:
AYES: Councilmembers Shriven, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember O'Connor, seconded by Mavor Pro Tem
Davis, to approve resolution establishing application fees, administrative
fees and neighborhood notification fees for community events. The
recommendation was approved by the following vote:
AYES: Cauncilmembers McKeown, O'Day, Holbrook, Shriven,
O'Connor, I~rlayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember O'Connor, seconded b~Mayor Pro Tem
Davis, to approve resolution establishing fees for animal control services.
The recommendation was approved by the following vote:
February 8,2011
AYES: Couneihnembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to approve the recommendation fox Item 8-B. The
recommendation was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
COITNCIL dTER4S: 13-A: Annual appointment to one position on the Pier Restoration
PIER RESTORATION Corporation for terms ending on Navember 11, 2014.
CORPORATION
On order of the Mayor, this item was continued to the February 22, 2011
meeting.
WAYSIDE DISTRICT 13-B: Appointment to one unscheduled vacancy on the Bayside
CORPORATION District Corporation for a term ending on .dune 34, 2412.
On order of the Mayor, the floor was opened for nominations.
Mavor Pro Tem Davis nominated Bruria Finkel.
Councilmember O'Connor nominated Jeff Decker.
Coimeilmember Holbrook nominated West Hooker.
Ms. Finkel was appointed by the following vote:
Finkel: Councilrnembers O'Day, McKeown, Mayor Pro Tem
Davis, Mayor Bloom
Decker: Councilmember O'Connor
Hooker: Councilmember Holbrook
Councilmember Shriver abstained from voting
Councilmembers O'Connor and Holbrook requested to change their
votes in favor of Ms. Finkel, and Councilmember Shriver voted to
appoint Ms. Finkel thereby appointing her by acclamation.
10 February 8,2011
MEASURE V CITIZENS 13-C: Annual appointment to three positions on the Measure V
OVERSIGHT Citizens Oversight Committee for terms ending on December 31,
COMMITTEE 2012.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Erin King for the position left
vacant by Susan Bracey. There being no other nominations for this
position, Ms. King was appointed by acclamation.
Cauncilmember Shriver nominated incumbent Mark Gold for a second
term. There being no other nominations for his position, Mr. Gold was
appointed by acclamation.
Couneilmember O'Dav nominated Alfred David Schonbach for the
remaining seat. There being no other nominations, Mr. Schonbach was
appointed by acclamation.
PUBLIC INPUT: Members of the public Donald Myers, Denise Barton, Jerry Rubin, Vince
Slevin, Brian Hutchings, and Scott Reiter commented on various local
issues.
On order of the Mayor, the City Council meeting was adjourned at 10:17
p.m. in memory of Sergeant Shriver, Raymond Ray, and Charles
Munstein.
ATTEST: APP~ROJVE~D:
Maria M. Stewart Richard Bloom
City Clerk Mayor
1 i February $, 2Q11