M-022211CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY aa, aall
A regular meeting of the Santa Monica City Cotmcil was called to order by Mayor Bloom at 5:35
p.m., on Tuesday, February 22, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Gleam Davis
Councilmember Robert T. Holbraok
Councilmember Kevin McKeown
Councilmember Terry O'Day
Councihnember Shriver
Absent: Councilmember Pam O'Connor
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with
Councilmember O'Connor absent. City Attorney Marsha Moutrie led
the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Member of the public Joey Fullmer commented on closed session
items.
On order of the Mayor, the City Council recessed at 5:34 p.m., and
reconvened at 7:10 p.m., with Councilmember O'Connor absent, to
report the following:
1-A: Conference with Labor Negotiator.
City Negotiator: Danna Peter, Darector of human Resources
Bargaining Units: Coalition of Santa Monica City Employees,
Administrative Team Associates, Public Attorney's Legal Support
Staff Union, Management Team Associates, Municipal Employees
Association, Public Attorney's Union, Santa Monica Firefighters,
Local 1109, Snpervisory Team Associates, United Transportation
Union, Local 17Ss, and Police Officers' Association .
The City Attorney reported that this matter was heard and no
reportable action was taken.
1-B: Conference with Legal Counsel -Existing Litigation:
February 22, 20 i 1
Embassy LLC and PRG Embassy, LP v. City of Santa
Monica et al., Los Angeles Superior Court Case Number
BS 119480.
The City Attorney reported that this matter was not heard.
1-C: Conference with Legal Counsel -Anticipated Lifigation:
Initiation of lirigation pursuant to subdivision (c) of Section
5495b.9: 1 case.
The City Attorney reported that this matter was not heard.
SPECIAL ITEMS: Commendation to Retiring Police Service Canine Duke. was
INSPIRATION presented by the Mayor to retiring Canine Duke and his handlers.
CONSENT CALENDAR: All. items were considered and approved in one motion unless removed
.IOINT MEETING by a Councilmember for discussion.
Members of the public Joey Fullmer, Jerry Rubin and Denise Barton
commented on various Consent Calendar items.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Dav, to approve the Consent Calendar, reading resolutions by title
only and waiving further reading thereof The motion was approved
by the following vote:
AYES: Councilmembers Shriver, )-lolbraok, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor
MINUTES 3-A: The minutes of the January 25 and February 1, 2011, City
Council meeting, were approved as submitted.
ABC GRANT -ALCOHOL 3-B: Grant funds for Minor DecoylShoulder Tap Program Mini-
SALE Grant -recommendation to authorize the City Manager to accept a no
match grant from the California Department of Alcoholic Beverage
Control, in the amount of $7,500, in support of the `iMinor
Decoy(Shoulder Tap Program" to reduce the sale of alcohol to minors,
and authorize budget changes, was approved.
POLICE DOG 3-C: Retirement and Daspositfon of Police Service Dog -
RETIREMENT recommendation to authorize that police sen ice dog Duke be retired
from service and sold to Santa Monica Police Deparhnent Officer
Mike Von Achen for the sum of one dollar, was approved.
DIAL-A-RIDE 3-D: Extension of Dial-a-Ride Contract -recommendation to
February 22, 2011
authorize the City Manager to extend existing Contract No. 8902
{CCS) with MV Transportation, Inc. for tIuee months through June 30,
2011, in the amount of $160,000 for a total contract amount of
$2,044,118, to allow for examination of provisions in the scope of
work for Santa Monica Dial-a-Ride, was approved.
REED PART{ 3-E: Contract Modifncation for Reed Park Office Improvements
Project -recommendation to authorize the City Manager to negotiate
and execute a first modification to Contract No. 9290 {CCS) with CST
Construction Company, in the amount of $19,500 for a total contract
amount of $127,300, and an increase in the number of working days to
provide for additional scope of work for the Project, was approved.
BBB DIESEL ENGINES 3-F: Detroit Diesel Engine Overhaul Services on Transit Buses -
recommendation to increase the bid award amount of Bid No. 2977
awarded to Ironman Renewal LLC and Harbor Diesel & Equipment, in
the amount of $750,000 for a total bid amount of $2,500,000 for the
four year term, to provide engine averhaul services on transit coaches
powered by Detroit Diese150 Series engines, was approved.
VICEROY MOTEL LEASE 3-G: Viceroy Hotel: Assignment of Lease -recommendation to
{WITHDRAWN AT authorize the City Manager to: 1) review and exe-cute consent
REQUEST OF STAFF) documents associated with the sale and assignment of the Lease
Agreement No. 7802 (CCS) with Roscoe Real Estate Limited
Partnership, to Seaside Hotel LP, for the Viceroy Hotel located at 1814
Ocean Avenue, Santa Monica; 2) review and execute consent
documents associated with the Sublease between Seaside Hotel, LP,
and Seaside Hotel Lessee, Ina; and execute other documents required
to affect the sale and assignment of the Lease Agreement and
Sublease, was withdrawn
STATE BUDGET 3-H: Resolution No. 1OS64 {CCSj entitled: "A RESOLUTION OF
PROPOSAL THE CITY OF SANTA MONICA OPPOSING THE STATE
ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOP-
MENT AGENCIES IN CALIFORNIA," was adopted.
REFUSE CONTAINERS 3-I: Purchase of refuse containers -recommendation to award
Bid No. 3008 to Superior Rotation Molding LLC, in the amount of
$510,000, for the purchase and delivery of 2- and 3-yard refuse
containers for athree-year term, was approved.
BUY LOCAL DAY 3-J: Resolution No.1flS6S (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA DECLARING MARCH 19, 201 I,
"BUY LOCAL DAY" IN THE CITY OF SANTA MONICA," was
adopted.
JOINT SPECIAL MTG: On order of the Mayor, the Council convened to a joint meeting with
February 22, 2011
INVESTMENT POLICY the Redevelopment Agency at 7:24 p.m., with Councilmember
O'Connor absent.
3-K: Annual update on City investment policy -recommendation
that City Council approve the proposed revised City Investment
Policy; extend the delegation of investment authority to the Director of
Finance, as City Treasurer, from March 1, 2011, through February 29,
2012; and adopt Resolution No. 10566 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA UPDATING
THE LIST OF PERSONS AUTHORIZED TO CONDUCT
TRANSACTIONS WITH THE STATE LOCAL AGENCY
INVESTMENT FUND (LAIF) ON BEHALF OF THE CITY."
Recommendation that the Redevelopment Agency adopt Resolution
No. 529 (RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF SANTA MONICA UPDATING
THE LIST OF PERSONS AUTHORIZED TO CONDUCT
TRANSACTIONS WITH THE LAIF ON BEHALF OF THE
REDEVELOPMENT AGENCY," was presented.
There was no one present for public comment.
Motion by MayorlChair Pro Tem Davis, seconded by CouncillAgency
Member O'Day, to approve recommendations. The motion was
approved by the following vote:
AYES: AgencylCouncilmembers McKeown, O'Day, Shriner,
Holbrook, ChairlMayor Pro Tem Davis,
Chair/Mayor Bloom
NOES: None
ABSENT: AgencytCouncilmember O'Connor
ADJOURNMENT On order of the Mayor, the special joint meeting of the City Council
and the Redevelopment Agency was adjourned at 7:25 p.m., and the
regular City Council meeting was reconvened, with Councilmember
O'Connor absent.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2344 (CCS)
LIBRARY PRIVILEGES entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 1.08 OF THE SANTA MONICA
MUNICIPAL CODE REGARDING RULES FOR USE OF CITY
LIBRARIES TO ALLOW THE LIBRARY TO SUSPEND THE
LIBRARY VISITATION AND BORROWING PRIVILEGES OF
PATRONS VIOLATING THE LIBRARY RULES OF CONDUCT,"
was presented.
Motion by Councilmember Holbrook, seconded by Councilmember
February 22, 2011
O'Dav, to adopt ordinance, reading by title only and waiving fi~rther
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Coumcilmember O'Connor
AFFORDABLE HOUSING 7-B:
AND DENSITY BONUS
Second reading and adoption of Ordimance No. 2350 {CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADOPTING A TEXT AMENDMENT AMENDING SANTA
MONICA MUNICIPAL CODE SECTIONS 9.04.10.14.040,
9.04.10.14.050, AND 9.56.050 AND ADDING SECTIONS
9.04.10.14.060, 9.04.10.14.070, 9.04.10.14.080, AND 9.04.10.14.090
TO MODIFY THE CITY'S DENSITY BONUS AND AFFORD-
ABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE
DENSITY BONUS LAW," was presented.
Motion by Councilmember McKeown, seconded by Mayar Pro Tem
Davis, to adopt ordmance, reading by title only and waiving fiuther
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor
STAFF ITEMS: 8-A: Concept Design for the Pico Branch Library Project -
PICO BRANCH LIBRARY recommendation to review and provide input on the proposed design
concepts for the Pico Branch Library Project; approve the
reconunended design direction; and direct staff to move forward with
schematic design, was presented.
Member of the public Christel Andersen spoke in support of the
project and expressed concern regarding losing green space.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
Davis, to approve staff recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor
SANTA MONICA 8-B: Proposed Phase I Visioning Process of Future of Santa
February 22, 2011
AIRP®RT Monica Airport -recommendation to authorize the City Manager to
negotiate and execute Agreement No. 9339 (CCS) with HR&A
Advisors Inc., in an amount not to exceed $79,750, to analyze the
general economic and fiscal impacts of the current operation and
activity at Santa Monica Airport; and, authorize staff to proceed with
Phase I of a proposed comprehensive three-phased process to facilitate
the visioning of the future role of mtmicipal airport within the
communii}~ post 2015, was presented.
Member of the public Jerry Rubin spoke in support of the project.
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to approve staff recommendation. The motion was approved
by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Cormcilmember O'Connor
OUTDO®R DINING 8-C: mutdoor Dining License Fees -recommendation to direct
staff to prepare a resolution to implement adjustments to the Monthly
License Fees charged to restaLirants for Outdoor Dining on public
sidewalks, as proposed; and, to prepare necessary regulatory
amendments to allow existing, legal non-conforming outdoor dining
areas on Ocean Avenue to remain, provided there is no intensification
or expansion of use, was presented.
Members of the public Richard Irving and Michael Dublin expressed
concerns related to the impact of the proposed fees on restaurants.
Kathleen Rawson, representing the Bayside District, spoke in support
of suspending the approval of the fees.
Motion by Councilmember Holbrook to authorize CPI increases and in
twa years revisit the adjustments in the rents. The motion died for lack
of a second.
Motion by Councilmember McKeown to approve the proposed rates,
but amend the motion to take effect in one year. The motion died for
lack of a second.
Motion by Councilmember Shriver to approve staff recommendation.
The motion died for lack of a second.
Considerable discussion ensued on the merits of the various motions,
February 22, 2011
on the impact of the proposed action on the business and on the City's
revenues, and on the state of the economy.
Motion by Councilmember Shriver, seconded by Mavor Bloom, to
approve staff recommendation, and direct staff to return with
recommendations on how to enhance the visual connections of the
three fully-enclosed restaurants
Motion to amend by Councilmember O'Dav to direct staff to also
return with information on the cost related to a transfer of ownership
of a restaurant. The motion was accepted as friendly.
Motion to amend by Mavor Pro Tem Davis that staff also return with a
staff report, when The first 13 outdoor dining licenses expire, denoting
whether the licenses have been renewed and with any other related
information. The motion was accepted as friendly. The motion, as
amended, was approved by the following vote:
AYES: Councilmembers Shriver, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmembers Holbrook, McKeown
ABSENT: Councilmember O'Connor
Councilmember McKeown stated, for the record, that atwo-year delay
on top of the 50% discount of the rate that was suggested (by the
independent assessor) in raising the rates on those public sidewalks is
an unjustified on-going subsidy to certain private businesses,
particularly in light of recent rate increases residents must pay into the
same exact general fund. In addition, any decision on Ocean Avenue
encroachments is premature until Council has better information on
pedestrian flow and sidewalk requirements after Expo Light Rail has
come to the City.
DESIGN CONSULTANT $-D: Capital Improvement Projects - Mnnicipai Design
SELECTION PROCESS Consultant Selection Processes -recommendation to review and
discuss options regarding municipal design consultant selection
processes; approve the design consultant selection model in which
staff reviews proposals and qualifications, conducts interviews, and
makes a recommendation for approval; and approve exceptions to the
model to include the optian of involving professional jury members in
the selection process when warranted by project complexity or
priority, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Bloom, to
February 22,2011
adapt recommendation, amended that when there is a jury or a
committee making the decision at least one person on jury or
committee, whether it be an employee of the City or outside expert,
shall be a Santa Monica resident.
Considerable discussion ensued on the merits of the motion and on the
recommendation, as is, and on the success of the current process.
After considerable discussion, Mayor Bloom withdrew his second.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to adopt recommendation, amended that in those cases where
there is a jury that includes non-staff people, at least one member of
any such jury shaft be a Santa Monica resident. The motion was
unanimously approved by voice vote, with Councilmember O'Connor
absent.
RECONVENE SPECIAL On order of the Mayor, the regular council meeting was recessed and
JOINT ti~IEETING the Council reconvened to the special joint meeting with the
Redevelopment Agency at 9:46 p.m.; with Councilmember O"Connor.
PARKING STRUCTURES 8-E: Second Implementing Agreement for CitylAgency
1 THRODUH 8 Cooperation Agreement No. 9267 and Cooperation Agreement for
Parking Structures I through 8 -recommendation that City Council
(Council): 1) authorize the City Manager to reimburse the City for
costs associated with operating execute Second Implementing
Agreement No. 9340 (CCSlRAS} to provide the City the option to
purchase Agency real properties in order to secure performance of
Agency obligations required under Cooperation Agreement No.
9267(CCS/RAS) and Implementing Agreement No. 9267(CCS/RAS);
and 2) authorize the City Manager to execute Cooperation Agreement
No. 4341 (CCS(RAS) to reimburse the City for costs associated with
operating and maintaining Agency owned parking structures 1 through
8. Recommendation that the Redevelopment Agency (Agency): i }
Authorize the Agency Chair to execute Second Implementing
Agreement No. 9340 (CC5IRAS) to provide the City the option to
purchase Agency real properties in order to secure performance of
Agency obligations required under Cooperation Agreement No. 9267
(CCS/RAS} and Implementing Agreement No. 9267 (CCS/RAS); and
2} authorize the Executive Director to execute Cooperation Agreement
9341 (CCS(RAS) and maintaining Agency owned Parking Structures 1
through 8, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Councilmember
February 22, 2011
O'Day, to approve City Council recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor
Motion by A~ency Member McKeown, seconded by A¢ency Member
O'Day, to approve Redevelopment Agency recommendation. The
motion was approved by the following vote:
AYES: Agency Members Shriver, Holbrook, O'Day,
McKeown, Chair Pro Tem Davis, Chair Bloom
NOES: None
ABSENT: Agency Member O'Connor
ADJOURNMENT OF On order of the Mayor, the special joint meeting with the
SPECIAL JOINT Redevelopment Agency was adjourned at 9:48 p.m., and the regular
MEETING City Council meeting reconvened, with Councihnember O'Connor
absent.
DE LA TORRE 8-F: Oral report to Council regarding Implementing the
INDEPENDENT REVIEW recommendations in the Office of Independent review's report on
the de la Torre investigation, was presented by City Manager Rod
Gould.
Members of the public Tricia Crane, Yolanda de Cordova, Maria
Loya, Jei7y Rubin, and Oscar de la Torre spoke in support of the
report.
On order of the Mayor, the information was received and filed.
PRC APPOINTMENT 13-A: Annual appointment to one position on the Pier Restoration
Corporation for terms ending on November 11, 2014.
On order of the Mayor, this matter was continued to March 8, 2011.
AIRPORT COMMISSION 13-B: Appointment to one unscheduled vacancy on the Airport
Commission for a term ending on June 30, 2011.
On order of the Mayor, this matter was continued to March 8, 2011.
RESIGNATION 13-C: Recommendation to accept Sakina McNeal's resignation
February 22, 2011
from the Disabilities Commission and authorize the City Clerk to
publish the vacancy, was presented.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, to approve recommendation. The motion was
unanimously approved by voice vote, with Councilmember O'Connor
present.
13-D: Request of Mayor Bloom supporting Pam G'Connor as the
Westside Cities representative for the Southern California
Association of Governments Regional Council, and finding no
other Santa iVIonica Councilmember's interest in submitting their
name to he elected by the Westside Cities Council of Governments
for that position, was presented.
There was no one present for public comment.
Motion bg Mayor Bloom, seconded by Councilmember O'Dav, to
approve the request. The motion was unanimously approved, with
Councilmember O'Connor absent.
ADJOi7RNMEN'T On order of the Mayor, the City Council meeting was adjourned at
10:45 p.m., in memory of Richard S. Polachek, Jean and Scott Adam,
and Los Angeles Firefighter Glen Allen.
ATTEST: APPROVED:
Maria M. S~ ~~~
Richard Bloom
City Clerk Mayor
10 February 22,2011