M-041211CITE' OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 12, 2011
A regular meeting of the Santa Monica City Council was called To order by Mayor Bloom at 5:33
p.m., on Tuesday, April 12, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Pam O'Connor
Councilmember Terry O'Day
Councihnember Shriver (arrived at 5:20 p.m.)
Absent: Councihnember Kevin McKeown
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 5:33p.m., with
Councilmembers McKeoc~m and Shriver absent. Sonia Ramos, Council
Office Administrator, led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Members of the public Jeff Harmon, Gideon Brower, Michael Carven,
Denise Barton, Joey Fullmer, and Ann Marie Kirby commented on various
Closed Session items.
Couneilmember Shriner atrivecl On order of the Mayor, the City Council recessed at 5:47 pm., to consider
nt 6:20 p. m. closed sessions and reconvened at 6:57 p.m., with Counciimember
McKeown absent, to report the following:
1-A: Conference with Labor Negotiator.
City Negotiator: Donna Peter,
Director 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 Assaciation
Public Attorney's Union
April 12, 2011
Santa Monica Firefighters, Local 1109
Supervisory Team Associates
United Transportation Union, Local 1785
Police (?fficers' Associatflon
Coalition of Santa Monica City Employees
The City Attorney reported that this matter was not heard.
1-B: Conference with Legal Counsel -Existing Litigation: 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 that this matter was heard and no reportable
action was taken. The City Attorney, at the request of Council and due to
Council's concern of the tenants that reside at the Embassy that
commented earlier stating their concern of the lack of tmderstanding of the
process going on, gave a brief explanation of the status of this lawsuit and
its possible impact on the tenants and added that City staff will make
themselves available to continue answering questions of the tenants.
1-C: Conference with Legal Counsel -Existing Litigation: City of
Santa Monica v. Expedaa, lna, et al., Los Angeles Superior Court Case
Number SC 08568.
The City Attorney reported that tlvs matter was heard and no reportable
action was taken.
1-D: Conference with Legal Counsel -Anticipated Litigatian:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 {b): 2 eases
The City Attorney reported that 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): i case.
The City Attorney recommended a settlement of this dispute, which was
listed as anticipated litigation that involves affordable housing production
obligations arising from the construction of market rate traits in the
Downtown. She adc~ised that this partial settlement will fulfill the
affordable housing production requirements attendant upon the
construction of market rate projects at 252 and 626 Broadway. Under the
settlement, NMS Properties will complete constniction of 15 affordable
units at its 1650 and 1660 Lincoln Boulevard Properties pursuant to a set
2 April 12, 2011
schedule and milestones requiring completion by February 2015. As
security, NMS will deed restrict its completed market rate project at 1548
6t° Street so that 15 units at that site tivill become restricted as affordable
units if NMS does not satisfy the construction timetable for the Lincoln
Project. Additionally, NMS will record a performance first trust deed on
1437 5`~ Street such that the property also bvill be transferred to the City if
NMS does not meet its obligations at the Lincoln Project.
Motion by Councihnember Holbrook, seconded by Councilmember
O,Day, to approve the settlement as recommended by the City Attorney.
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
1-F: Conference with Legal Counsel -Existing Litigation: Taxi
Driver's Association, et al., v. City of Santa Monica. et al., Los Angeles
Superior Court Case Number BC 4516Q9.
The City Attorney reported this matter was nat heard.
1-G: Public Employee Evaluation.
Title of Employee: City Clerk
Mayor Bloom reported this matter was heard and no reportable action was
taken.
i-H: Conference with Legal Counsel -Existing Litigation: Celis v.
City of Santa Monica, Los Angeles Superior Court Case Number SC
106839.
The City Attorney recommended a settlement of $55.000 for this case
involving an accident with the Big Blue Bus.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tem Davis,
to approve settlement of $55,000. The motion was approved by the
following vote:
AYES: Cowicilmembers O'Coanor, Holbrook, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: Councilmember McKeown
Councilmember Shriver advised he abstained from the vote because he was
April 12, 2011
not present for the discussion.
SPECIAL AGENDA ITEMS: 2-A: Commendations to Santa Monica -UCLA Hospital, the Delfin'!
Sheraton Hotel, the DoubleTree Guest Suites Hotel Santa Monica, the
Fairmont Miramar Hotel, the Huntley Hotel, the Georgian Hotel, the
Shangri-La Hotel, the Loews Santa Monica Beach Hotel, the Le
Merigot Hotel, the Vnceroy Hotel, the Holiday Inn, the American Red
Cross -Santa Monica Chapter, and Santa Monica Piace for aiding and
assisting participants of the 2011 LA Marathon, were presented to
respective representatives of the hotels.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by
a Councilmember for discussion.
Member of the public Joy Fullmer commented on various Consent
Calendar items.
At the request of Cormcilmember Shriver, Items 3-G, 3-H, and 3-I were
removed from the Consent Calendar.
Mayor Bloom noted that Item 3-A was withdrawn at the request of staff.
Motion by Councilmember O'Dav, seconded by Nlayor Pro Tem Davis , t~
approve the Consent Calendar except Items 3-A, 3-G, 3-H and 3-I, reading
resohrtions by title only and waiving further reading thereof. The motion 'i
was approved by the following vote:
AYES: Councilmembers Shriver. O'Connor, Holbrook. O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
MINUTES 3-A: Approval of minutes of the March 8 and the March 22, 2011, City
Council meetings, was withdrawn at the request of staff.
CRIME TASK FORCE 3-B: L.A Interagency Metropolitan Police Apprehension Crime
Task Force Joint Pavers Agreement -recommendation to adopt
Resolution No. 10568 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA APPROVING THE LOS ANGELES INTER-
AGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK
FORCE JOINT POWERS AGREEMENT; AND AUTHORIZE THE
CITY MANAGER TO EXECUTE AGREEMENT NO.9351 (CCS),°' was
approved.
4 Apri112, 2011
FIRE STATION ALERTING 3-C: Enhancement and Ongoing 1Ylaintenance for Fire Station
SYSTEft'I Alerting System -recommendation to authorize the City Manager to
negotiate and execute modifications to Contract No. 9130 (CCS) to
increase the purchasing authorization with Advanced Electronics, in the
amount of $8,622 ?4 for a new total of $162,175.24, for additional
saftware license and maintenance agreements far the Fire Station Alerting
System, was approved.
1211 NINTH STREET 3-D: Resolution No.105b9 {CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
N0.66909 FOR A 5-UNIT CONDOMINIUM PROJECT AT 1211
NINTH STREET," was adopted.
1940 - 44 CLOVERFIELD 3-E: Resolution No. 10570 (CCS) entitled: "A RESOLUTION OF
BOULEVARDS THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO.61606 FORA 16-UNIT CONDOMINIUM PROJECT AT i 940 - 44
CLOVERFIELD BOULEVARD," was adopted.
RENTAL AND CLEANING 3-F: Award of Uniform Floor iVlat Rental and Cleaning Services Sid
SERVICES -recommendation to authorize the City Manager to amend Purchase order
No. 16955 for Aramark Uniform Services, in the amount of $15,000, for
services including uniform and floor mat rental and cleaning; and amend
Bid No. 2952 for two additional one-year renewal options at the same
prices, terms and conditions for a total of $525,000 over the seven-year
term, was approved.
WOODLAWN CEIYIETERY 3-J: Construction Contract for Woadlawn Cemetery Sewer and
Paving Improvements Project -recommendation to authorize the City
Manager to negotiate and execute Contract No. 9353 (CCS) with VCI
Telecom, Inc. dba VCI Construction in the amount of $298,323, for the
Woodlawn Cemetery Sewer and Paving Improvements Project, was
approved.
CITY HALL TENANT 3-K: Construction Contract for City hall Tenant Improvements -
IMPROVEMENTS recommendation to authorize the City Manager to negotiate and execute
construction Contract No. 9354 (CCS) with California Averland
Construction, Inc. in the amount of $531,300, for tenant improvements of
City Hall Human Resources, City Clerk, and swing space offices, was
approved.
GENERAL SERVICES, 3-L: General Services Agreement with the County of Los Angeles -
COUNTY OF L.A. recommendation to authorize the City Manager to negotiate and execute
General Services Agreement No. (CCS) with the county of Los Angeles
for afive-year period through June 30, 2016, was approved.
April 12, 2011
BBB SECURITY At the request of Councilmember Sluiver, Items 3-G, 3-H and 3-I were
presented concurrently.
3-G: Increase of Purchase Order for Big Blue Bus Security Service -
recommendation to authorize the City Manager to increase the Purchase
Order for U.S. Security Inc. in the amount of $200,000, for a new total of
$671,903 to pay for the remaining months of FY 2010-11 until a new firm
is selected, was presented.
HISTORIC RESOURCE 3-H: Modification agreement to provide Historic Resource Analysis
ANALYSIS (Jones & Stokes) -recommendation to authorize the City Manager to
negotiate and execute Professional Services Agreement No. 9352 (CCS)
with Jones & Stokes Associates, in the amount of $20,000 far a total
amount of $90,000, to provide professional services in the field of historic
preservation, was presented.
HISTORIC RESOURCE 3-I: Modification agreemenk to provide historical Resource Analysis
ANALYSIS (PCR Services Carporation) -recommendation to authorize the City
Manager to negotiate and execute a modification to Professional Services
Agreement 9225 (CCS) with PCR Services Corporation, in the amount of
$50,000 for a total of $157,950, to provide professional services in the
field of historic preservation, was presented.
Councilmember Shriver advised he removed these three items from the
Consent Calendar to share the additional information he received from
staff related to the prices going up by substantial percentages.
Motion by Councilmember Shriver, secmrded by Councilmember
O'Connor, to approve the recommendations on all three items. The motion
was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
STUDY SESSION: 4-A: Youth Resource Team Policy Group Update -Committee
YOUTH RESOURCE TEAM Chairs' presentation on the status of the Violence Prevention Action Plan
POLICY including updates on the action priorities, timelines and benchmarks, was
presented by team members Oscar de la Torre, Felicia Adams, and Aaron
Youne.
Discussion was held on the points made during the presentation. After
discussion, on order of the Mayor, the information was received and filed.
April 12, 2011
DOWNTOWN/CIVIC 4-B: Downtown/Civic Center Access: Discussion of specific
CENTER ACCESS improvements supporting LUCE and Redevelopment Agency (RDA)
Priority Implementation - recommendation to review and provide
comment on recommended connections; and, direct staff to continue with
planning and analysis to be incorporated into RDA priority discussion at an
upcoming meeting, was presented.
Members of the public Dee Cappelli, Barbara Filet, Mihai Peteu, Joe
Bayes, Alison Kendall, Natalie Lewis, M. Calm, Kent Strumpell, and
Richard McKinnon generally spoke in favor of the project and of bicycle
lane improvements.
Member of the public Louisa Fish spoke in favor of transportation
coordination. Member of the public Denise Barton spoke in opposition to
the project.
Considerable discussion ensued on the merits of the presentation, the
information provided and the public comment received. On order of the
Mayor, after discussion, the information was received and filed.
ORIDINANCES: 7-A: Second reading and adoption of Ordinance No. 2352 (CCS)
OPEN CONTAINERS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.0$.200 OF THE MUNICIPAL CODE
RELATED TO PROHIBITION OF OPEN CONTAINERS WITHIN
PUBLIC PARKS AND BEACHES." was presented.
Motion by Mayor Pro Tem Davis, seconded by Cotmcilmember Holbrook,
to adopt ordinance, reading by title only, waiving fiirther reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councihnember McKeown
PROHIBITION OF 7-B: Second reading and adoption of Ordinance No. 2353 (CCS)
VEHICLES ON PITBLIC entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
BEACHESIPARI~S AMENDING SECTION 3.12.640 OF THE MUNICIPAL CODE
RELATED TO PROHIBITION OF VEHICLES ON PUBLIC BEACHES
AND IN 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.
1 April 12, 2011
to adopt ordinance, reading by title only, waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councihnembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
VEHICLE PARKING 7-C: Introduction and first reading of an Ordinance amending
RESTRICTIONS Municipal Code Sections 3.12.860 and 3.12.880 related to large vehicle
parking restrictions; and, adoption of Resolution No. 10572 (CCS}
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ESTABLISHING ON-STREET PARKING REGULA-TIONS FOR
SPECIFIC VEHICLE HEIGHTS PURSUANT TO THE
REQUIREMENTS OF THE CALIFORNIA VEHICLE CODE," was
presented.
There was no one present for public comment.
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to
introduce ordinance, reading by title only, waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
Motion by Councilmember Holbrook, seconded by Councilmember
O'Dav, to adopt resolution, reading by tifle only, waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
SIGN GRDINANCE 7-D: Introduction and first reading of an amendment to Municipal
Code Chapter 9.52 regarding signs to allow businesses to use different
types of signage to create a greater identity without impeding the right
of cvay, including temporary signs to market their wares and/or
services to the public.
On order of the Mayor, and at the request of staff, this matter was
continued to May i0, 2011.
April 12, 2011
ANTI-SMOKING LAW 7-E: Introduction and first reading of an ordinance amending the
Anti-Smoking Law to correct a clerical error and reinstate previously
adopted amendments to that law expanding the prohibitions against
smoking in residential common areas, was presented.
There was no one present for public comment.
Motion by Councilmember O'Dav, seconded by Mayor Pro Tem Davis, to
introduce the ordinance, 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,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT Councilmember McKeown
STAFF ITEMSc 8-A: Continued public bearing and adopfian of Resolution No. 10571
MULTIFAMILY HOUSING {CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
REVENUE BONDS MONICA APPROVING THE ISSUANCE OF MULTIFAMILY
HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ASSIST IN THE
Fhi TANCNG OF 49 AFFORDABLE SENIOR APARTMENTS AT 1924
& 1934 EUCLID STREET, 1753 18~ STREET, AND 174 14rH
STREET," was presented.
r
,:. r
The following members of the public spoke in opposition to the proposed
action: Beverly Collins, Wendy Lamm; Jule Lamm, Judy Lamm, Nancy
Douglass, and Linas Baskauskas.
The following members of the public spoke in support of the proposed
action: Vonda Richardson, Lotusa Fish, Gary Squier, Reverend Ruben
Ford, and Michelle Wittig.
Motion by Mavor Pro Tem Davis seconded by Mayor Bloom, to adopt the
resolution and approve recommendation. The motion ryas approved by the
following vote:
AYES: Couneilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember McKeown
COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Disabilities
APPOINTMENT Commission for a term ending on June 30, 2014.
On order of the Mayor, this matter was continued to Apri126, 2011.
April 12, 2011
~1lnyor Bloom was excused at The Mayor requested to be excused and asked the Mayor Pro Tem to
10: 0~ p. m. assume the Chair. Mayor Pro Tem Davis assumed the Chair.
RESIGNATION 13-B: Rceommendation to accept Gail Myers' resignation from the
Social Services Commission and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Councilmember O'Connor, seconded by Councilmember
O'Dav, to approve recommendation. The motion was unanimously
approved by voice vote, with Councilmember McKeown and Mayor
Bloom absent.
PUBLIC INPUT: Member of the public Denise Barton commented on various issues.
Members of the public Danilo Bach, Cindy Bendat, Harley Frankel,
Andrew Jayne, Catherine Jayne, Daryl Bristol and Tom Belin submitted a
neighborhood petition in support of retaining the palm trees lining their
residential streets and in opposition to a proposed City plan of replacing
the palm trees by sycamores.
AD3OURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned
at 10:27 p.m.
ATTEST: APPROVED:
Maria M. Stewart Richard Bloom
City Clerk Mayor
10 April 12, 2011