M-112211CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 22, 2011
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:38 p.m., on
Tuesday, November 22, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tern Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Terry O'Day
Absent: Councilmember Bobby Shriver
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 5:38 p.m., with
Councilmember Shriver absent. Upon the invitation of the Mayor, Kathryn
(last name unknown), a Marymount High School student, led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There being no one present for public comment, the City Council recessed
at 5:38 p.m., to consider closed sessions and returned at 6:45 p.m., with
Councilmember Shriver absent, to report the following:
1 -A: Conference with Legal Counsel— Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) — 4 cases: Claim of Dunn and Robhana;
Claim of NMS Properties; Claim of Michael McKinsey — Development
Agreement for Village Trailer Park; 1 case.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -13: Conference with Legal Counsel— Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9(c): 1 case.
November 22, 2011
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -C: Conference with Real Property Negotiator:
Property: 1314 6th St., 1314 7th St., and 1337/1345
7th St.
City Negotiator: Andy Agle, Dir. Housing & Economic Dev.
Under Negotiation: Price & Terms
Owner of Record: Verizon California Inc.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
SPECIAL AGENDA 2 -A: Presentation to the City Council of Resolution of Appreciation
ITEMS: from Edison's Board of Directors, CEO and President Celebrating
Partnerships with the Community on Energy Efficiency, Electric
Vehicles, and other Community Programs, was presented.
Mark Olson, representing Southern California Edison, presented a
resolution of appreciation to the City Council.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joey Fullmer and Louisa Fish commented on
various Consent Calendar items.
Motion by Councilmember O'Connor, 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 Holbrook, O'Connor, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver O'Connor
MINUTES: 3 -A: The minutes of October 11, October 25, and November 1, 2011,
City Council meetings, were approved as submitted.
HOMELESS PROGRAM 3 -B: Homeless Management Information System —recommendation
MANAGEMENT SYSTEM to authorize the City Manager to negotiate and execute an amendment to
Agreement No. 8903 (CCS), with Bowman Systems, LLC., in the amount
of $94,760, for a total amount of $308,790, for additional system support,
on -site training and upgrade costs; and approve the proposed budget
modifications, was approved.
2 November 22, 2011
$BB FLEET 3 -C: Big Blue Bus Fleet Maintenance Software Upgrade —
MAINTENANCE recommendation to authorize the City Manager to negotiate and execute
SOFTWARE Contract No. 9508 (CCS) with Trapeze, Inc. in the amount of $357,389 for
software and services to upgrade the existing fleet maintenance system, and
authorize five additional one -year maintenance options, was approved.
1314 7TH STREET 3 -1): Resolution No. 10632 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO.
71418 TO SUBDIVIDE A PROPERTY AT 1314 SEVENTH STREET ",
was approved.
1012 2ND STREET 3 -E: Resolution No. 10633 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL
NO. 62291 TO SUBDIVIDE A PROPERTY AT 1012 2 "a Street", was
approved.
PERMIT AND LAND 3 -F: Permit tracking and land management system —
MGMT. TRACKING recommendation to authorize the City Manager to negotiate and execute
professional services Agreement No. 9509 (CCS) with Accela, Inc., in the
amount of $390,000 to implement a land based management system
including, data migration, training and maintenance for fiscal year 2012/13;
and authorize four additional on -year maintenance options for a not to
exceed amount of $156,672, was approved.
ZERO WASTE 3 -G: Zero Waste Strategic Plan development and rate structure
STRATEGIC PLAN analysis — recommendation to authorize the City Manager to negotiate and
execute Contract No. 9510 (CCS) with HDR Engineering, in the amount of
$149,360, for development of a strategic plan and refuse rate structure
analysis, was approved.
STUDY SESSION: 4 -A: Pier Governance, Management and Operations -
PIER GOVERNANCE recommendation to consider modifying the governance structure of the
Santa Monica Pier as recommended in the "Pier Governance and
Management Study," and direct staff to return with legislative and budget
adjustments necessary to implement the recommended approach, was
presented.
Members of the public Walt Davis, Michael Toney, Judy Abdo, Kent
Smith, Steve Gibson, Eric Faber, Reina Alvarez, and Marie Fink
commented on various aspects of the presentation and spoke in favor of the
recommendation.
November 22, 2011
Considerable discussion ensued including but not limited to: The make -up
and charge to the proposed interim board; the desired qualifications for
interim board members; the application process; input from appropriate
groups and stakeholders; and, the direction to the interim board, and
subsequently to a new permanent board. After considerable discussion, on
order of the Mayor, the information was received and filed.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2380 (CCS)
BUILDING AND SAFETY entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
COMMISSION OF SANTA MONICA. AMENDING ARTICLES IV, VIII AND IX OF
THE SANTA MONICA MUNICIPAL CODE RELATING TO
ALLOCATION OF RESPONSIBILITIES TO THE BUILDING & FIRE
LIFE SAFETY COMMISSION ", was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Striver
MAIN STREET VENDING 7 -B: Second reading and adoption of Ordinance No. 2381(CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING CHAPTER 6.36 OF THE SANTA
MONICA MUNICIPAL CODE RELATED TO LATE NIGHT VENDING
ON MAIN STREET ", was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Davis,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Sbriver
4 November 22, 2011
CONTRIBUTION LIMITS 7 -C: Second reading and adoption of Ordinance No. 2382 (CCS)
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SECTION 11.04.050 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO
CONTRIBUTIONS TO CANDIDATES FOR OFFICE ", was presented.
There was no one present for public comment.
Motion by Councilmember O'Day, seconded by Mayor Pro Tern Davis, to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, Holbrook,
Mayor Pro Tern Davis, Mayor Bloom
NOES: Councilmember McKeown
ABSENT: Councilmember Shriver
Councilmember McKeown stated that his "no" vote is because further
examination of the information, provided by the transparency group has
made clearer that raising the contribution limit will give more influence in
local elections to corporations and special interests and less to Santa
Monica residents.
HEALTH AND SAFETY 7 -D: Resolution No. 10634 (CCS) entitled, "A RESOLUTION OF THE
CODE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL AND
TOPOGRAPHIC CONDITIONS PURSUANT TO HEALTH AND
SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5 "; and,
introduction and first reading an ordinance modifying Municipal Code
Chapters 8.106 and 8.108 related to green building design and
construction and demolition waste handling requirements, were
presented.
Member of the public Denise Barton commented on the recommendation.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to adopt Resolution No. 10634 (CCS), reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
November 22, 2011
Motion by Councilmember McKeown, seconded Mayor Pro Tem Davis, to
introduce the ordinance for first reading, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
AFFORDABLE HOUSING 7 -E: Introduction and first reading of an ordinance amending
Section 9.56.050 and Section 9.56.060 of the Municipal Code to
authorize the establishment, by resolution, of compliance monitoring
fees based on the reasonable regulatory costs of ensuring compliance
with the City's Affordable Housing Production Program and annually
monitoring affordable housing units; and, adoption of Resolution No.
10635 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ESTABLISHING COMPLIANCE
MONITORING FEES FOR AFFORDABLE HOUSING UNITS
PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTIONS
9.56.050 AND 9.56.060 BASED ON THE REASONABLE REGULATRY
COSTS OF ENSURING COMPLIANCE WITH THE CITY'S
AFFORDABLE HOUSING PRODUCTION PROGRAM AND
ANNUALLY MONITORING AFFORDABLE HOUSING UNITS ", was
presented.
Member of the public Denise Barton commented on the recommendation.
Motion by Councilmember McKeown, seconded Mayor Pro Tem Davis, to
introduce the ordinance for first reading, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Holbrook
ABSENT: Councilmember Shriven
Councilmember O'Connor Councilmember Holbrook stated that his "no" vote is because although
was excused at 8:20 p.m. they may fall into different sections, developers who produce low -cost
housing should be treated the same in regards to fees.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to adopt Resolution No. 10635 (CCS) reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
6 November 22, 2011
AYES: Councilmembers McKeown, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Holbrook
ABSENT: Councilmembers O'Connor, Shriver
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the budget changes. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Holbrook
ABSENT: Councilmembers O'Connor, Shriver
CANDIDATE 7 -F: Introduction and first reading of an ordinance amending
QUALIFICATION Municipal Code Section 11.04.010 increasing the number of registered
voter signatures required for qualification of a candidate for elected
Councilmember O'Connor City office, was presented.
returned at 8:26p.m.
Member of the public Jerry Rubin spoke in support of the proposed
ordinance.
Motion by Mayor Pro Tem Davis, seconded Councilmember O'Day, to
introduce the ordinance, as amended, for first reading, reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, McKeown, O'Day,
Mayor Pro Tem Davis
NOES: Councilmembers O'Connor, Mayor Bloom
ABSENT: Councilmember Shriver
STAFF ITEMS: 8 -A: Proposed solicitation of bids for the sale of City -owned property
1920 OCEAN WAY at 1920 Ocean Way — recommendation that the City Council authorize
staff to solicit bids for the sale of 1920 Ocean Way, a City -owned property
designated for affordable housing; and adoption Resolution No. 10638
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THAT THE CITY -OWNED PROPERTY IS NO LONGER
NEEDED FOR THE PURPOSE IT WAS ACQUIRED NOR FOR ANY
OTHER PUBLIC PURPOSE," was presented.
Member of the public Denise Barton spoke in opposition to the
recommendation.
November 22, 2011
Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Connor,
to direct staff to solicit bids for the property and adopt the resolution, with a
combination of options 3 and 4 of the recommendation, so that if the bids
received are not appropriate, staff can await market better market
conditions for a re -bid.
Motion to amend by Councilmember McKeown, to direct staff to review
the original plans for affordable housing from 20 years ago to see how
many units were proposed and how the underground parking and water
table was addressed. The motion was accepted as friendly by the maker
and seconder. The motion, as amended, was approved by the following
vote:
AYES: Councilmembers Holbrook, O'Connor, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
RECESS On order of the Mayor, the Council recessed at 8:50 p.m., and reconvened
at 8:56 p.m., with Councilmember Shriver absent.
BIKE ACTION PLAN 8 -13: Review and approval of Final Bike Action Plan —
recommendation to review Draft Final Bicycle Action Plan; adopt
Resolution No. 10636 (CCS) entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE
NEGATIVE DECLARATION FOR THE CITY OF SANTA MONICA
BIKE ACTION PLAN'; adopt Resolution No. 10637 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING A BIKE ACTION PLAN FOR THE CITY OF
SANTA MONICA", was presented.
Members of the public Gina Goodhill, Michael Brodsky, Louisa Fish, Anne
Wille, Jerry Rubin, Eric Weinstein, Megan Cavanaugh, Richard
McKinnon, Cynthia Rose, Bryan Beretta, David Feuer, Gary Cavanaugh,
and Kent Strumpell spoke in favor of the recommendation. Member of the
public Denise Barton spoke in opposition of the recommendation.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to adopt Resolution No. 10636 (CCS) adopting the Negative Declaration,
reading by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
November 22, 2011
Motion by Councilmember McKeown, seconded by Councilmember
O,Day, to adopt Resolution No. 10637 (CCS), incorporating the
amendments proposed by the Planning Commission and as described in the
staff report, adopting the Bike Action Plan. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the proposed budget changes. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
YOUTH RESOURCE 8 -C: Youth Resource Team Policy Group — Next Steps —
POLICY GROUP recommendation to review and comment on the work of the Policy Group,
direct staff to proceed with next steps; and authorize the proposed budget
changes, was presented.
Members of the public Aaron Young, Jonathan Mooney, Lisa Balfour, Judy
Abdo and Shari Davis spoke in support of the recommendation.
Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Connor,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that the Council direct
VILLAGE TRAILER staff to explore means whereby the City can best protect the safety of
PARK Village Trailer Park residents and of the existing affordable housing,
and assure that all of the City's own options with respect to various
ongoing processes are preserved; and related Information Report.
9 November 22, 2011
to continue this matter as a 5 -Item to the December 6 "' meeting. The
motion was unanimously approved by voice vote, with Councilmember
Shriver absent.
PIER RESTORATION 13 -B: Annual appointment to three positions on the Pier Restoration
CORPORATION Corporation for terms ending on November 10, 2015, was continued tc
a future meeting, pending the changes to the Pier Governance.
STATE BUDGET 13 -C: Request from Mayor Bloom, Councilmembers Pam O'Connor
and Kevin McKeown that the City Council oppose state budget cuts to
physical, mental health therapeutic care and social services for frail
seniors and adults and other Medi -Cal recipients including the
elimination of the Adult Day Health Care (ADHC) program and
advocate that the State legislature continue to explore alternatives to
eliminating the ADHC program, including the California Association
for Adult Day Services' (CAADS) proposal to reduce ADHC without
having to eliminate the program, was presented.
Member of the public Louisa Fish spoke in support of the request.
Motion by Councilmember McKeown, seconded by Mayor Bloom, to
approve the recommendation. The motion was unanimously approved by
voice vote, with Councilmember Shriver absent.
PUBLIC INPUT: Members of the public Walt Davis, Marie Fink, Louisa Fish, Michael
Toney, Denise Barton, Dhun May, Cynthia Rose, Bryan Beretta, David
Feuer, Megan Cavenaugh and Kent Strumpell commented on various local
issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:38
p.m.
^� ATTE
Maria M. Stewart
City Clerk
PROVED:
FR Bloom
Mayor
10 November 22, 2011