M-042611CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 26, 2011
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:40 p.m., on
Tuesday, Apri126, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Fresent: Mayor Richard Bloom
Mayor Pro Tem Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 5:51 p.m.)
Councilmember Terry O'Day (arrived at 6:00 p.m.)
Councilmember Bobby Shriver (arrived at 6:19 p.m.)
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:40 p.m., with
Cotmcilmembers O'Connor, O'Day, and Shriver absent. Assistant City
Attorney Joseph Lawrence led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Member of the public Joey Fullmer commented on Item 1-A.
On order of the Mayor, the City Council recessed at 5:44 p.m., to consider
Councilmember O'Connor closed sessions and reconvened at 7:00 p.m., arith all members present, to
m-rived at 5: JI p. m. report the following:
Councilmember O Day 1-A: Conference with Labor Negotiator.
arrived at 6: DD p.m. City Negofiator: Donna Peter, Iluman Resources Dir.
Bargaining Units: Coalition of Santa Monica Employees:
Councilmember Shriven Administrative Team Associates (ATA}
arrived at 6:19 p. rn. Publac Attorney's Legal Support Staff Union (PALSSU)
Management Team Associates (MTA}
Mllnlelpal Employees Assoeratron (MEA}
Publis Attorney's Union {PAU)
Santa Monica Firefighters, Loca11109 (SMFFA)
Supervisory Team Associates (STA)
United Transportation Union, Local 1785 (UT1J}
Police Officers' Association (POA)
Coalition of Santa Monica City Employees
The City Attorney reported that this matter was heard and no reportable
Apri126, 201 l
action was taken.
1-B: Conference with Legal Counsel -Existing Litigation: Embassy
LLC and PRG Embassy, LP v. City of Santa 1Vlonica et al., Los
Angeles Superior Court Case Number BS 119080.
The City Attorney reported that this matter was not heard.
1-C: Conference with Legal Counsel -Anticipated Litigatoon:
Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 {b): 1 case (702 Arizona
Avenue, 1319-1317 7th Street).
The City Attorney reported that this item was heard in Closed Session. The
developers proposed a settlement agreement that was contingent upon the
Council adopring the interim zoning ordinance extension authorizing
administrative approvals for the two projects at 702 Arizona Avenue and
1315-1317 7th Street. If the interim zoning ordinance is adopted with
Option A, the administrative approval option, the settlement could occur on
the following terms:
® Within 15 days of the settlement agreement's effective date, the
developer would file two draft development agreement proposals.
® The City would not charge a filing fee for considering these
development agreement proposals and the City and the developer
would pramptly commence negotiations on those two development;
agreement proposals, which negotiations would include specified
topics.
^ The City would expedite the processing of the development
agreements with a goal that within 90 days, and in any event no
later than 150 days, of the settlement agreement's effective date, an
agreement on the development agreements would have been
reached.
^ The development agreement applications would request that the
City make a determination of peak parking demand on the projects
and not require code parking.
^ The development agreement applications might provide for Iight
rail transit improvement fees of $50,000 per project which would be
a total of $100,000.
^ Each development agreement application would include the
following additional community benefits: a Transportation Demand
Management (TDM) Plan approved by the Planning Director,
secure bicycle storage for residents and employees, LEED certified
building. These projects would be rental housing only. There
would be onsite affordable housing in accordance with the City's
AHPP Program. There would be unbundled parking.
^ Each development agreement application would request a vested
2 Apri126, 2011
rights term of three years, with two additional one-year extensions
possible. Each development a~•eemenY application would request
limited ARB review.
As previously stated, once the development agreement applications
were submitted the parties would commit to a 90 day negotiating
period with possible extensions rrp to 150 days. However, if the
parties could not reach agreement on the two development
agreements, then the City would take action on the administrative
approvals that the developer would be entitled to processing of
under the interim zoning ordinance extension.
The City would act in accordance with the Interim Zoning
Ordinance extension. The City would agree to render decisions on
the administrative approvals within 30 days of receiving a request
from the developer to do so. The administrative approval
applications would include amendments to the projects which
would include a TDM plan in accordance with the Interim Zoning
Ordinance, secure bicycle storage for residents and employees,
LEED certified building, rental housing only, onsite affordable
housing, and shared parking. These are the benefits that would
accrue to the City in the event that development agreements could
not be reached.
The statute of limitations would be tolled so that the developers
could preserve their rights to assert their legal claims. In the
administrative approval context, the City would agree to expedite
ARB review. If the City determined that either of the projects
conflicted with the City's standards in effect at the time, the City
would agree to notify the developer so that he would have time to
correct those aspects of nonconformity.
Mation by Councilmember McKeown, seconded bra ~o
Tem Davis, to approve Settlement Agreement No. 9356(CCS). 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
CHANGE IN AGENDA Motion by Councilmember O'Day seconded by Councilmember Holbrook
ORDER to change the order of the agenda by hearing Item 6-A directly before Item
8-A. The motion was unanimously approved by voice vote.
Apri126, 2011
CONSENT CALENDAR. All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton and Joy Fullmer conunented on
various Consent Calendar items.
At the request of Mayor Pro Tem Davis, Item 3-K was removed from the
Consent Calendar.
Mayor Bloom noted that under Item 3-A, the minutes of April 12, 2011,
were withdrawn at the request of staff.
Motion by Councilmember Holbrook, seconded by Couneilrrtember
O'Connor , to approve the Consent Calendar except Item 3-K, reading
resolutions by title only and waiving further reading thereof The motion
was approved by the following vote:
AYES: CounciImembers Shriver, O'Connor, Holbrook,
O'Day, McKeown, Mayor Pro Tem Davis; Mayor
Bloom
NOES: None
ABSENT: None
MINUTES 3-A: Minutes of the March 8, March 22, and Apri15, ZOll, City Council
meetings, were approved as submitted. The minutes of April 12,
2011, were withdrawn at the request of staff.
BBB TRANSIYIISSIONS 3-B: Remanufacturing of Allison transmissions for the Big Blue Bus
-recommendation to award Bid No. 3021. to Western States
Converters and Transmissions, Inc., in the amount of $760,000, for
remanufacturing of Allison transmission for the Big Blue Bus for a
four-year term, was approved.
SECURITY GUARD 3-C: Big Blue Bus Facility Security Guard Services -recommendation
SERVICES to award Bid No. 3019 to ABM Security, at an annual cost of
$354,931 for FY20I 1-I2, with three additional one-year renewal
options at a total cost of $1,514,469, for security guard services at
the Big Blue Bus, vas approved.
WATER MAIN 3-D: Water Main Replacement Project -recommendation to authorize
REPLACEMENT the City Manager to negotiate and execute Contract No. 9357
(CCS} with MNR Construction, Inc., in the amount of $2,429,735,
for the Water Main Replacement Project, and Contract No. 9358
(CCS) with Black and Veatch, in the amount of $242,645, for
construction management services of the Water Main Replacement
Project, were approved.
4 April 26, 2011
OFFICE FURNITURE 3-E: Office furniture for City hall Tenant Improvements Project -
recommendation to issue a purchase order in the amount of
$204,748 to Systems Source, Inc., for the procurement and
installation of office fiuniture for the City Hall Tenant
Improvements Project, was approved.
REED PARK 3-F: Reed Park Improvements Project - recommendation to authorize
the City Manager to negotiate and execute a second modification to
Contract No. 8674 (CCS) with Katherine Spitz Associates, in the
amount of $6,000 for a total of $107,849, for design costs due to the
increased duration and scope of the project, was approved.
LANDFILL GAS 3-G: Landfill gas extraction system at City Yards -recommendation
EXTRACTION to authorize the City Manager to negotiate and execute Contract No.
9359 (CCS) with ICF International, in the amount of $871,776, for
a five-year term, to operate. maintain, and monitor the landfill gas
extraction system in operation at the City's Municipal Yard, was
approved.
REFUSE CONTAINERS 3-H: Purchase of refuse containers -recommendation to award Bid
No. 3017 to Toter Inc., in the amount of $755,000, for the purchase
and delivery of refuse containers for solid waste, green waste and
recycling collection, at specified unit prices, was approved.
SOFTWARE 3-I: Oracle Financial System software maintenance -
MAINTENANCE recommendation to approve asole-source purchase order with
Oracle USA, Inc., in the amount of $345,712 for atwo-year period
resulting in a total four-year agreement amount of $704,527, for
continued software maintenance and support services, was
approved.
POOL CHEIO~ICALS 3-J: Purchase of Swim Center Pool Chemicals -recommendation to
authorize the City Manager to exercise renewal options by
Commercial Aquatic Services, Inc., in the amotmt of $185,000 for a
two-year period resulting in a total three year term anlount of
$271,000, to fiumish and deliver pool chemicals to the Santa Monica
Swim Center, was approved.
CIRQUE DU SOLEIL 3-L: Agreement with Cirque du Soleil -recommendation to authorize
the City Manager to negotiate and execute License Agreement No.
9361 (CCS) with Cirque du Soleil for use of a portion of the 1550
PCH parking lot for theatrical performances from January 2 through
March 30, 2012, was approved.
Apri126, 2011
WATERSI~IART 3-M: Submittal of grant application nn furtherance of efficient water
use -recommendation to: adopt Resolution No. 10573 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICATION AND TO
EXECUTE AGREEMENTS IN FURTHERANCE OF EFFICIENT
WATER USE", authorizing the City Manager to submit a grant
application in the amount of $300,000, from the U.S. Department of
the Interior, Bureau of Reclamation's WaterSMART Optimization
Review Grant program for developing a water self-reliant master
plan; authorize the City Manager to execute all necessary
documents to apply for and accept the grant, if awarded; and
authorze budget changes as outlined in the staff report, was
approved.
BIKE TRANSIT 3-K: Downtown Bike Transit 1dlobility Center -recommendation to
1dIOBILITY CENTER authorize the City Manager to negotiate and execute Contract No.
9360 (CCS) with twa 2-year renewal options with Bike and Park,
LLC, in the amount of $120,000, for operation of the downtown
bike transit mobility center; and approve proposed budget changes,
was presented.
Mayor Pro Tern Davis advised that she removed this item from the
Consent Calendaz to understand who determines when the optional
services are needed. Staff provided additional informatian and
answered questions of Council.
Motion b~Mayor Pro Tem Davis, seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook,
O'Connor, Shrives, Mayor Pro Tem Davis, Mayor
Bloom
NOES: None
ABSENT: None
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2354 {CCS)
LARGE VEHICLE AND entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
TRAILER PARKING CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 3.12.860 AND3.12.880
RELATED TO LARGE VEHICLE AND TRAILER PARKING
RESTRICTIONS", was presented.
Apri126, 2011
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
adopt ordinance, reading by title only, waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
SMOKING ON THE PIER
AND IN MULTI-UNIT
COMMON AREAS 7-B: Second reading and adoption of Ordinance No. 2355 {CCS)
entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CORRECTING A CLERICAL
ERROR TO REFLECT PRIOR AMENDMENTS TO CHAPTER
4.44 OF THE SANTA MONICA MUNICIPAL CODE
REGULATING SMOKING ON THE SANTA MONICA PIER
AND IN NCULTI-UNIT COMMON AREAS", was presented.
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to
adopt ordinance, reading by title only, waiving further reading thereof. The
motion vvas approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
LIGIIT RAIL TRANSIT 7-C: Introduction and first reading of an ordinance authorizing the
5YSTEM City Manager to negotnate cooperation agreements with the
Exposition Metro Lnne Construction Authority and the Los
Angeles County Metropolitan Transportation Authority
relating to the construction and operation of a light rail transit
system within the City of Santa Monica, was presented.
Member of the public Denise Barton expressed her concerns.
Motion b~yor Pro Tem Davis, seconded by Councilmember O'Day~to
introduce ordinance, reading by title only, waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
April 26, 2011
INTERIM 7-D: Introduction and adoption of Emergency Interim Ordinance
DEVELOPMENT No. 2356 (CCS) entitleds "AN ORDINANCE OF THE CITY
PROCEDURES COUNCIL OF THE CITY OF SANTA MONICA EXTENDING
INTERIM ORDINANCE NUMBER 2345{CCS), WHICH
ESTABLISHED INTERIM DEVELOPMENT PROCEDURES
PENDING IMPLEMENTATION OF THE LUCE, ADOPTING
MODIFICATIONS ADDRESSING ORDINANCE
APPLICABILITY, CM DISTRICT NON-CONFORMING USES,
SHARED PARKING AND FAR CALCULATIONS IN THE
DOWNTOWN, AND EXEMPTIONS FOR CITY PROJECTS,
AND DECLARING THE PRESENCE OF AN EMERGENCY",
4vas presented.
Members of the public Paula Mayeda, Chris Harding, Valerie Griffin, Ellen
Hannan, Zina Josephs, and Tricia Crane spoke generally in support of
extending the interim ordinance for at least 18 months. Member of the
public Catherine Eldridge requested clarification on the streamlined
development agreement process as outlined.
Staff advised the wording for the Option 1 alternative was revised as
follows:
1) Section 3, {a)(4)(i) change "1.75 a.m. and p.m. AVR" to "1.5
a.m. and p:m. AVR".
2) Section 3 (C): change the short-term bicycle parking for the
residential component from "0.4" to "0.2" spaces/unit with a
minimum of 4 spaces.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to adopt the emergency ordinance with alternative Option 1 including the
above revisions. The mofion 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
EQUAL BENEFITS 7-E: Introduction and first reading of an ordinance adding Section
SAME SEX SPOUSES / 4.65.025 to the Municipal Code relating to equal benefits by
DOMESTIC PARTNERS requiring contractors subject to the Cfty's Living `{Iage Law to
provide the same health care and other benefits to workers'
with same sex spouses and domestic partners as are provided to
workers' spouses, was presented.
Member of the public Jim Carroll spoke in support of the ordinance.
Apri126, 2011
Motion b~yor Bloom, seconded by Councilmember O'Connor to
introduce ordinance, reading by title only, waiving further reading thereof
and to direct staff that a review be conducted of the exemptions mentioned
in the staff report and provide an information item to Council clarifying the
bases for those exemptions, how they apply to the equal benefits ordinance
as opposed to the living wage ordinance and any recommended changes.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis. Mayor Bloom
NOES: None
ABSENT: None
ADNIINI5TRATIVE b-A: Downtown Parking Structure #6 Appeal (14312"~ Street) -
PROCEEDINGS: recommendation to hold a public hearing and grant the appeal,
1431 2~D STREET approving I ICUP-OQ2 and related Zoning Modifications, 1431 2°d
Street (Downtown Parking Structure #b), subject to the draft
findings and conditions. Appellant/Applicant: City of Santa
Monica, was presented.
Public Works Director Martin Pastucha, representing appelIantlapplicant
City of Santa Monica, spoke in favor of the appeal.
Members of the public Paula Mayeda, Peggy Molloy, How azd Robinson
and Kathleen Rawson spoke in support of the staff recommendation.
Member of the public Grant Gottfurcht spoke in opposition to staff's
recommendation.
Planning Commission Chair Jim Ries clarified the reasoning for the
Planning Commission's denial of the project.
Architecture Services Manager Miriam Mulder, representing
appellant applicant City of Santa Monica, provided a rebuttal to public
comment.
Motion by Councilmember O'Day seconded by Councilmember
O'Connor, to grant the appeal based on the plans as revised.
Discussion ensued regarding consideration of the design of
the fagade of the structure on all sides, and timely completion of the
sh-ucriti'e to avoid overlap in construction schedule w7th other parking
structures.
The motion was approved by the following vote:
AprIl 26, 2011
AYES: Councilmembers O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Shriver
ABSENT: None
Councilmember Shriver stated that his "no" vote was based on his
comments made during discussion.
STAFF ITEMS: 8-A: Schematic Design for Parking Structure b -recommendation to
PARKING STRUCTURE 6 review and provide input on the proposed schematic design for
Parking Structure 6; approve the recommended design direction;
and, direct staff to move forward with design development, was
presented.
There was no one present for public comment.
Discussion ensued including, but not limited to, the pedestrian experience
of the retail space, and visual interest from the alley and upper stories of the
structure.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis,
to incorporate the input given and move forward with design development.
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tam Davis, Mayor Bloom
NOES: None
ABSENT: None
PUBLIC HEARINGS: 11-A: Amendment of Preferential Parking Zone W and creation off
PREFERENTIAL Preferential Parking Zone Y -recommendation to adopt
PAIZI~ING ZONE W AND Resolufion No. 10574 (CCS} entitled: "A RESOLUTION OF THE
Y CITY OF SANTA MONICA AMENDING PREFERENTIAL
PARKING ZONE V V, ESTABLISHING ZONE Y, AND
AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING
ZONES" (CCS) BY REPLACING EXHIBIT A", was presented.
Members of the public Douglas B. Bruce, Rajeen Malhotra, and Noah
Blaystein spoke in support of the resolution.
Member of the public Van Tuck spoke in opposition to the resolution.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis.
to adopt the resolution, reading by title only, waiving further reading
thereof. The motion was approved by the following vote:
10 April 26, 2011
AYES: Cotmcilmembers McKeown, O'Day, Holbrook,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember O'Connor
ABSENT: None
COUNCIL ITEMS: 13 .A: Appointment to one unscheduled vacancy on the Disabilities
DISABILITIES Commission for a term endang on June 30, 2014.
COMMISSION
On order of the Mayor, the floor was opened for nominations.
Councilmember Holbrook nominated David Grant Geffen. There being no
other nominations, Mr. Geffen was appointed by acLlamation, with all
Councilmembers present.
„,. ~'" 13-B: Recommendation to accept Trish Moon's resignation from the
IRISH MOON Commission on the Status of Women and authorize the City
RESIGNATION Clerk to publish the vacancy, was presented.
Motion by Councilmember Holbrook. seconded by Councilmember
McKeown, to approve recommendation with regrets. The motion teas
unanimously approved by voice vote, with all members present.
URBAN DESIGN li-C: Request of Councilmember Pam O'Connor and Mayor Pro
COMMITTEE Tempore Gleam Davis for Council approval of two nominees
for the Expo Metro Line Construction Authority's reconvened
Urban Design Committee {UDC). Committee members will
work with Expo staff, the design-build contractor, community
stakeholders, and other UDC members to provide input into
Phase 2 off the Expo Lane project. Although the contract
specifies that the design of Phase 2 will mfirror the design of
Please 1, opportunity remains for input into landscaping, art,
urban design improvements, and other design
elements. Nominations can include reappointment of existing
UDC members who served for Phase 1 of the project.
Member of the public Denise Barton expressed her concerns.
Motion by Coumcilmember O'Connor seconded by Mayor Pro Tem Davis
to reappoint Jessica Cusick and direct staff to return with an expedited
process with criteria for applicants. The motion was unanimously
approved by voice vote, with all members present.
NANCY GESHKE 13-D: Recommendafion to accept Nancy Geshke's resignation from
RESIGNATION the Social Services Commission and authorize the City Clerk to
publish the vacancy, was presented.
I 1 April 2b, 2011
Motion by Councilmember O'Connor, seconded by Councihnember
Holbrook, to approve recommendation with regrets. The motion was
unanimously approved by voice vote. with all members present.
PUBLIC INPUT: Member of the public Denise Barton, D. D. May and John Foster
commented on various issues.
On order of the Mayor, the City Council meeting was adjourned at 10:55
p.m. in memory of Giorgio Baldi and in recognition of Holocaust
Remembrance Day.
ATTEST: APPROVED:
~~k~A~
Beth Sanchez Richard Bloom
Assistant City Clerk Mayor
12 April 26, 2011