M-032211CITY OE SANTA MONICA
CITY COUNCIL MINUTES
MARCH 22, 2011
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35
p.m., on Tuesday, March 22, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Shriver (arrived at 6:20 p.m.)
Absent: Councilmember Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with
Councilmembers Shriver and O'Day absent. City Clerk Oftice Staff
Member Maria Dacanay 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 5:36 p.m., to
consider closed sessions and reconvened at 6:37 p.m., with
Councilmember O'Day absent, to report the following:
Councilmember Shriver 1-A: Conference with Legal Counsel -Existing Litigation:
arrived at 6:20 p. m. Embassy LLC and PRG Embassy, LP v. City of Santa Monica et
aL, Los Angeles Superior Court Case Number BS 119080.
The City Attorney reported this matter was heard and no reportable
action was taken.
1-B: Conference with Legal Counsel -Existing Litigation:
Traehtman v. City of Santa Monica, Los Angeles Superior Court
Case Number SC 108083.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
March 22, 2011
Davis, to approve Settlement No. 9345 (CCS) in the amount of
$85,000, as recommended by the City Attorney. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSTAIN: Councihnember Shriver
ABSENT: Councilmember O'Day
1-C: Conference with Legal Counsel -Existing
Lifigation: Finely v. City of Santa Monica, Los Angeles Superior
Court Case No. SC 104027
The City Attorney reported this matter was not heard.
1-D: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (b): 3 cases
The City Attorney reported this matter was heard and no reportable
action was taken.
1-E: Conference with Legal Counsel -Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9 (c): 1 case.
The City Attorney reported this matter was heard and no reportable
action was taken.
1-F: Conference with Legal Counsel - Exisfing Litigation: C~
of Santa Monica v. Expedaa, Inc., et al., Los Angeles Superior
Court Case No. SC 108568.
The City Attorney reported this matter was heard and no reportable
action was taken.
SPECIAL AGENDA 2-A: A proclamation declaring March 2011 as Women's History
ITEMS: Month in Santa Monica was presented by Mayor Bloom.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion. Staff advised that the
recommendation to Item 3-C had been revised to include approval of
proposed budget adjustments.
Members of the public Joey Fullmer, Denise Barton, Beverly Collins,
March 22, 2011
Nancy Douglas, Jule Lamm, Judy Lamm, R%endy Lamm, Linas
Baskauskas, George Nigro, Jerry Ruben, Gary Kavanagh and Kent
Strumpell commented and expressed concerns regarding various
Consent Calendar items.
At the request of Councilmember Shriver, Item 3-B was removed from
the Consent Calendaz.
At the request of Mayor Pro Tem Davis, Item 3-D was removed from
the Consent Calendar.
At the request of Councilmember McKeown, Item 3-I was removed
from the Consent Calendar.
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Davis , to approve the Consent Calendar, with Item 3-C as revised and
except Items 3-B, 3-D and 3-I, reading resohrtions by title only and
waiving fiuther reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Holbrook, O'Connor,
Shriven, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Day
1333 4 rx STREET LEASE 3-A: 1333 Fourth Street Lease Modification -recommendation to
authorize the City Manager to negotiate and execute Lease No. 934b
{CCS) at 1333 Fourth Street to move the notice date for the tenant's
option to extend the lease from Apri130, 2011, to January 31, 2012;
require rent negotiations for the option period to stazt no later than
August 31, 2011; and, to modify the dates for the parties to present
their appraisals to an arbiter, if required, to two months prior to the
begimung of the option period, was approved.
DOJ GRANT FUNDS 3-C: Grant funds from Department of Justice -recommendation
to authorize the City Manager to execute MOU No. 93T7 (CCS) with
the City of Los Angeles to accept grant funding from the Department
of Justice in the amount of $63,095.61 for the City's crime control
program; and authorize budgetazy changes as outlined in the Financial
Impacts & Budget Action section of this report, was approved.
1437 4Tri STREET LEASE 3-E: Modification of Leases at 1437 Fourth Street -
recommendation to authorize the City Manager to negotiate and
execute amendments to Lease Nos. 8638 and No. 8680{CCS) at 1437
4th Street, Suites 300 and 310, to: 1) exercise the lease options for one
five-year term for the Suites; and, 2) effective at the beginning of the
March 22, 2011
option periods, reduce the rental rate to $3.25 per square foot and
reduce the annual rent escalator to conform to the Consumer Price
Index, but no less than 3% nor more than 5%, was approved.
GRANT FUNDS - 3-F: Transportation Planning Grant Program related to
MICHIGAN AVENUE Michigan Avenue Bike Boulevard - recommendation to adopt
BII{E BOULAVARI9 Resolution No. 10567 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL
OF AN APPLICATION TO CALIFORNIA STATE DEPARTMENT
OF TRANSPORTATION ENVIRONMENTAL JUSTICE GRANT
PROGRAM FOR FUNDING IN FY24Lt-2012 AND
AUTHORIZING THE CITY MANAGER THE EXECUTION OF
DOCUMENTS NECESSARY TO PARTICIPATE Ihl THE
PROGRAM AND TO CONDUCT PUBLIC OUTREACH AND
CONCEPTUAL DESIGN OF THE MICHIGAN AVENUE BIKE
BOULEVARD.;' was approved.
404 SAN VICENTE BLVD. 3-G: Statement of Ollicial Action denying the appeal of the
Landmarks Commission's denial of a Landmark Designation
Application for the property located at 404 San Vicente
Boulevard, was approved.
CITY HALL SEISMIC 3-H: City Hall Seismic Retrofit Project -recommendation to
RETROI+IT authorize the City Manager to negotiate and execute an amendment to
Contract No. 9143 (CCS) with West Valley Investment Group, Inc., in
the amount of $674,153, for a total contract amount of $4,513,478; and
approve proposed budget adjustments, was approved.
CIVIC AUDITORIUM 3-J: Cnvic Auditorium financial analysis services - recommen-
FINANCIAL ANALYSIS lotion to authorize the City Manager to negotiate and execute Contract
No. 9348 (CCS) with Strategic Advisory Group, in the amount of
$65,000. for a total of $135,000, for additional analysis on financing
the needed capital improvements and professional assistance in
negotiating a final agreement with Nederlander, was approved.
PURCHASE OF BIG 3-B: Purchase of Compressed Natural Gas 30-foot coaches -
BLUE BUSES recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No. 8963(CCS) with Creative Bus
Sales, from $8,061,367 to $6,321,944, to change the engine type from
hybrid-electric to compressed natural gas: and authorize the City
Manager to issue a Notice to Proceed, was presented.
Councihnember Shriver advised he removed this matter from the
Consent Calendar to clarify the reasoning for the change in engine type
in the recommendation. Staffprovided additional information and
answered questions from Council.
Motion by Councilmember Shriver, seconded by Councilmember
4 March 22, 2011
O'Connor, to approve recommendation. The motion was approved by
the follotiving vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook;
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Day
AFFORDABLE MULTI- 3-D: Resolution approving the issuance of Multifamily Housuag
HOUSING REVENUE Revenue Bonds by the California Statewide Communities
BONDS Development Authority to assist in the financing of 49 affordable
senior apartments at 1924 & 1934 Euclid Street, 175318th Street,
and 1754 19th Street, was presented.
Mayor Pro Tem Davis adti°ised she removed this matter from the
Consent Calendar to ask questions related to the repayment of the
bonds if the developer defaulted and questions related to the other
concerns including design, use and compliance, and the concems
expressed by members of the public Staff provided additional
information and answered questions of Councilmembers.
Discussion ensued as to the use of the projects being recommended,
the design and amenities, the financing and the noticing to the public.
After considerable discussion, the matter was continued to a future
meeting to allow staff time to respond to the questions and concerns
voiced by Councilmembers during discussion and by members of the
public.
NEIGHBORHOOD 3-I: Neighborhood Conservation, Transfer of Development
CONSERVATION Rights and Demolition Procedures services - recommendation to
SERVICES authorize the City Manager to negotiate and execute an amendment to
Contract No. 9058 (CCS), with The Phipps Group, in the amount of
$35,000 for a total of $305,000, to develop implementation measures
for Neighborhood Conservation, Transfer of Development Rights and
associated demolition procedures for initiatives contained in the
LUCE, was presented.
Councilmember McKeown stated he removed this item from the
Consent Calendar to clarify that related to "the receiving areas"
mentioned in the report, how will it be determined who is to be
consulted in the process of the transferable development rights. Staff
provided additional information and answered questions of Council
and re-assured that there would be appropriate representation from all
affected communities.
March 22, 2011
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to approve the recommendation. The motian vas approved
by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Day
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2351 (CCS)
WAYSIDE SPECIFIC entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
PLAN/DOWNTOWN TO AMEND MUNICIPAL CODE SECTIONS 9.04.08.15.060,
PARI£ING PROGRAtdI 9.04.08.15.070, 9.04.10.02.040 AND 9.04.10.08.170 TO IMPLE-
MENT THE WAYSIDE SPECIFIC PLAN AND THE DOWNTOWN
PARKING PROGRAM AND TO FACILITATE THE CONSTRUC-
TION OF NEW CITY-OWNED PARKING STRUCTURES," was
presented.
Motion by Councilmember Shriver, seconded ~ Mavor Pro Tem
Davis, to adopt ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: Nane
ABSENT: Councilmember O'Day
OPEN CONTAINERS 7-B: Introduction and first reading of an ordinance amending
Section 4.08.2U0 of the Municipal Code related to prohibition of
open containers within pnblie parks and beaches, was presented.
Member of the public Jerry Rubin spoke in support of the ordinance.
Motion by Councilmember O'Connor, seconded by Mavor 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 Shriver, O'Connor, Holbrook,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Day
March 22, 2011
PROHIBITION OF 7-C: Introduction and first reading of an ordinance amendang
VEHICLES ON PUBLIC Section 3.12.b40 of the Municipal Code related to prohibition of
BEACHES/PARI~S vehicles on public beaches and an public parks in order to permit
drivers who are part of City permitted events, and authorized City
employees and City contractors, to operate vehicles on public
beaches and in City parks, was presented.
Member of the public Denise Barton spoke in opposition to the
proposed ordinance.
Motion by Councilmember O'Connor seconded by Coumcilmember
Shriver, 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 Shriver, O'Connor, Holbrook,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Coumcilmember O'Day
STAEF ITEMS: 8-A: Reimbursement of Election-related costs by Candidates;
ELECTION FEES; Regulation of Campaign Contrihutions, and Disclosure of Filings
PUBLIC CAMPAIGN and Campaign Expenditures -recommendation to consider the
DISCLOSURE information provided and direct staff to return with an ordinance
setting a flat election fee in the amotmt of $200 for candidates running
for City Council, increasing the City's campaign contribution limit to
$400, and updating Municipal Code provisions regulating campaign
contributions and expenditure disclosures, was presented.
Members of the public Leigh Bromberg, Ellen Hannan, and Jerry
Rubin spoke in support of the recommendation. Members of the
public Catherine Eldridge and Julie Lopez Dad spoke in opposition to
the recommendation to establish a filing fee and in support of more
transparent campaign spending disclosures. Members of the public
Anjuli Konheim and Mike Feinstein spoke in support of more and
timely campaign funds disclosure.
Considerable discussion ensued on the merits of the recommendations
to establish election fees, adjust the campaign contribution limit and
achieve more transparency in the campaign disclosure statements.
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to direct staff to return with an ordinance to increase the
local contribution limit from $250 to $400 and tie it to the Consumer
Price Index.
March 22, 2011
Substitute motion by Councilmember McKeown, to leave the limit at
$250 for now, and add to it the Consumer Price Index to increase it
from now on. The substitute motion failed for lack of a second.
The original motion was approved by The following vote:
AYES: Councilmembers Holbrook, O'Connor, Shriver, Mayor
Pro Tem Davis, Mayor Bloom
NOES: Councilmember McKeown
ABSENT: Councihnember O'Day
Councilmember McKeown stated, for the record, that his "no" vote
reflects a belief that raising the ante is a circular argument. That if a
candidate needs more money to compete with other candidates who
have more money and the ante is raised so the candidate has more
money, the competition is raised.
Motion by Cauncilmember McKeown, seconded by Mavor Bloom, to
direct staff to explore requiring a small, multiple-donation qualifying
threshold for a candidate to access the approximate $15,000 in
taxpayer support per candidate spent during the Santa Monica election
season.
Motion to amend by Councilmember Holbrook, to ask staff to also - __
consider requiring more signatures in lieu of the qualifying donation
fee. The motion was accepted as friendly. The motion was approved
by voice vote, with Councilmember O'Connor voting in opposition
and Councihnember O'Dav absent.
Councilmember O'Connor advised, for the record, that she voted in
opposition because she thinks anyone who chooses to run in Santa
Monica has a right to run, write their say and be treated equally as
candidates.
Motion by Couneilmember McKeown, seconded by Mavor Pro Tem
Davis, to direct staff to explore the retention of the candidate videos
taped by CityTV and keeping them posted on the City's website. The
motion was unanimously approved by voice vote, with
Cotmcihnember O'Day absent.
PROPOSED HIKES DA &-B: Prapased development agreement for a mixed used praject
FOR 168126TH STREET at 168126th Street by Mines (former Papermate site) -
(PAPERMATE SITE) recommendation to discuss the applicant's proposed development
agreement and provide direction regarding its potential community
benefits and appropriateness for redevelopment of the site; direct staff
March 22, 2011
to initiate the Development Agreement process; and discuss proposal
in context of LUCE and draft principles and Bergamot and Mixed Use
Creative Area Plan, and provide direction to staff, was presented.
Colin P. Shepherd, Applicant, spoke in support of the proposed
development agreement and the project.
The following members of the public commented on various aspects of
the project including but not limited to the size, design, aesthetics,
pedestrian friendliness, bicycle paths, connectivity to the Expo Station,
impact on traffic and parking, and potential community beneffts:
Valerie Griffin, Linos Baskauskas, Jeannie Laurie, Catherine Eldridge,
Gary Kavanagh, 7oe1 Zeno, Alison Zeno, Steve Kandell, Elena Estrin,
Gerda Newbold, Charles Grobe, Brian Chase, David Latham, Barbara
Filet, Kent Strumpell, Roger Swanson, Ellen Hannan, Mary Anne
Solonon, Zina Josephs, Denny Zane, Ted Winterer, Christel Andersen,
Denise Barton, Jeanne Dodson, Anjuli Kronheim, Trivia Crane, Bnice
Cameron, Ellen Brennan, Michelle Perone, Jerry Rubin, Gregg
Heacock, Chris Braun, Robin Weiner, and David Engelberg.
MOTION TO CONTINUE Motion by Mayor Pro Tem Davis, seconded b~Mavor Bloom, to
PAST 11:00 P.M. continue the meeting past 11:00 p.m. The motion was approved by
voice vote, with Councilmember Shriver voting in opposition, and
Councihuember O'Day absent.
Motion by Councilmember O'Connor, to keep moving forward and go
to the next level as recommended by staff, continue with re-design,
and then return to Council. Motion died for lack of a second.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to take no action, other than the comments made during
discussion and the content of the staff report; direct staff to return to
Council when the revisions have been made and staff feels that the
project is ready to be recommended.
Considerable discussion ensued related to the meaning and effect of
the motion and on the direction needed for staff and the developer to
improve on the project and then resume negotiations.
After discussion, the main. motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Dav
4 March 22, 2011
PITBLIC HEARINGS: On order of the Mayor, the regular meeting of the City Council
recessed to a special meeting of the Housing Authority at 12:35 a.m.,
Mayor Pro Tem Davis x~as with Councilmember O'Day and Mayor Pro Tem Davis absent.
excused at 12:35 p. m.
9-A: Publie hearing and adoption of Housing Authority Annual
Plan -recommendation to hold a public hearing accept public
comment and adopt the Housing Authority's FY 2011-2012 Annual
Plan, including revisions to Administrative Plan; and authorize the
Executive Director to submit the plans to the Department of Housing
and Urban Development, was presented.
Member of the public Chris McLeod spoke in opposition to the
proposed plan.
Motion by Authority Member Shriver. seconded by Authority Member
O'Connor, to approve staff recommendation. The motion was
approved by the following vote:
AYES: Authority Members McKeown, Holbrook, O'Connor,
Shriver, Chair Bloom
NOES: None
ABSENT: Councilmember O'Day, Mayor Pro Tem Davis
ADJO ENT OF On order of the Chair, the Special Meeting of the Housing Authority
SPECIAL MEETING was adjourned at 12:39 a.m., and the regular City Council meeting was
reconvened with Comzcilmember O'Day and Mayor Pro Tem Davis
absent.
COUNCIL ITEMS: 13-A: Recommendation to authorize the City Clerk to publish an
VACANCY unscheduled vacancy in the Housing Commission for a term
ending June 30, 2011, was presented.
Motion by Councilmember O'Connor, seconded by Councilmember
Holbrook, to approve recommendation. The motion was unanimously
approved by voice vote, with Councilmember O'Day and Mayor Pro
Tem Davis absent.
RESIGNATION 13-B: Recommendation to accept Joel Greenberg's resignation
from the Emeritus seat in the Commission for the Senior
Community, was presented.
Motion by Councilmember O'Connor, seconded by Councilmember
Holbrook to approve recommendation. The motion was unanimously
approved by voice vote, with Councilmember O'Day and Mayor Pro
I O March 22, 2011
Tem Davis absent.
RESIGNATION 13-C: Recmmendation to accept Edouard Mimieux's resignation
and to authorize the City Clerk to publish a vacancy in the
Architectural Review Board, was presented.
Motion by Coumcilmember O'Coimor, seconded by Councilmember
Holbrook, to approve recommendation. The motion was unanimously
approved by voice vote, with Councilmember O'Day and Mayor Pro
Tem Davis absent.
HOUSING BILLS; AB 934 13-D: Request of Mayor Pro Tem Davis and Councilmember
AND AB 265 McKeown that the Council authorize City of Santa Monica
support for tvvohousmg-related bills in the state legislature:
Mayor Pro Tem Davis AB934 (Feuer), amending California's litigation privilege, Civil
returned at 12:41 a. m. Code 47(b), to ensure that tenants have access to the courts when
subjected to illegal eviction activity; and AB265 (Ammiano),
extending California's three day pav-or-quit eviction law to
fourteen days, assisting in resident retention and housing stability,
was presented.
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Davis, to approve recommendation. The motion was approved by
voice vote, with Councilmember Holbrook voting in opposition, and
Councilmember O'Day absent.
CONCERT ON PIER 13-E: Request of Mayor Bloom that the City Council direct staff
to modify current City policy and praefice so that a concert on the
Pier intended to entertain those on the beach through the
installation of video screens andlor speakers would not be
considered a "beach concert" sa long as said equipment was
attached to the Pier, was presented.
Members of the public George Nigro, Ellen Brennan and Steve Gibson
spoke generally in favor of the request.
Motion by Mavor Bloom, seconded by Councilmember McKeown, to
approve request, amended to include a condition that any speakers
attached to the Pier be placed no closer to the neighborhood than the
stage is now; and the condition that any speakers attached to the Pier
be directed diagonally across the sand towards the water and away
from the neighborhood. The motion was unanimously approved by
voice vote, with Councilmember O'Day absent.
PUBLIC INPUT: Members of the pubfic Chris McCloud, Belinda Van Sickle, Denise
Barton, John Foster and Ken Ward commented on various local issues.
11 March 22, 2011
ADJ®URNMEN'd': On order of the Mayor, the City Council meeting was adjourned at
1:02 a.m.
ATTE APPROVED:
1
Maria M. Stewart ichard Bloom
City Clerk Mayor
12 March 22, 2011