m-120611CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 6, 2011
A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:33 p.m., on
Tuesday, December 6, 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
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 5:33 p.m., with all
members present. City Council Office Manager Sonia Ramos led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There being no one present for public comment, the City Council recessed
at 5:34 p.m., to consider closed sessions and returned at 6:33 p.m., with all
members present, to report the following:
I -A: Conference with Rc
Property:
City Negotiator:
Under Negotiation:
Lessee of Record:
al Property Negotiator
2525 Michigan Avenue
Andy Agle, Dir., Housing & Economic
Development
Interest in Real Property
Bergamot Station, LTD
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -13: Conference with Legal Counsel —Anticipated Litigation:
Initiation of Litigation pursuant to Section 54956.9(c): Valentini v.
Shinseki, USDC Case No: CV -11 -04846 —SJO (ACLU — VA lawsuit).
December 6, 2011
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -C: Conference with Legal Counsel —Existing Litigation: Harriet P.
Epstein and Stanley H. Epstein v. City of Santa Monica; ACS State
and Local Solutions Inc. and Sheri E. Ross, Los Angeles Superior
Court Case Number BS 132415.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -D: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) — 2 cases: Claim of Dunn and Robhana;
Claim of NMS Properties.
City Attorney Marsha Moutrie reported that this item was not heard.
I -E: Conference with Legal Counsel— Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9(c): 1 case.
City Attorney Marsha Moutrie reported that this item was not heard.
1 -F: Conference with Legal Counsel - Anticipated Litigation:
Initiation of Litigation pursuant to Section 54956.9(c): California
Regional Water Quality Control Board, California Water Code
Section 13267 Order- Former Douglas Aircraft Site, 2902 Exposition
Blvd., Santa Monica, CA 91601 (Site ID 204431100)
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joey Fullmer, Jerry Rubin, Zina Josephs, and
Denise Barton commented on various Consent Calendar items.
At the request of Councilmember Shriver, Item 3 -G was removed from the
Consent Calendar.
At the request of Councilmember McKeown, Items 3 -E and 3 -H were
removed from the Consent Calendar.
2 December 6, 2011
Motion by Councilmember Holbrook, seconded by Councilmember O'Day,
to approve the Consent Calendar, except Items 3 -G, 3 -E, and 3 -H, reading
resolutions by title only and 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
MINUTES 3 -A: The minutes of the November 8, 2011, City Council meeting were
approved, as submitted.
BBB UPHOLSTERY 3 -13: Upholstery services for transit vehicles — recommendation to
award Bid No. 3061 to Ye Olde Upholstery Shoppe, in the amount of
$363,000 for a three -year term, to provide upholstery services for the Big
Blue Bus, was approved.
TOWN SQUARE PARK— 3 -C: Statement of Official Action taken upholding Appea111APP-
1685 MAIN STREET 008 and approving Certificate of Appropriateness 11CA -005, allowing
modifications to an approved design for the Town Square park project
located at 1685 Main Street, was approved.
PICO BRANCH LIBRARY 3 -1): Statement of Official Action approving Development Review
Permit 11DR -002, Conditional Use Permit 11CUP -007, and Parking
Variance 11VAR -011 to allow a new 8,630 square foot branch library
(Pico Branch Library) located at Virginia Avenue Park, was approved.
CIVIC CENTER 3 -E: Rejection of bids for Civic Center Parking Structure Lighting
PARKING STRUCTURE Project — recommendation to authorize the City Manager to: reject all bids
received for energy efficient lighting services for the Civic Center Parking
Structure; and, direct staff to reissue a request for bids in order to obtain the
best and most responsive bidder for this project, was approved.
AIRPORT VISIONING 3 -E: Santa Monica Airport Visioning Process — recommendation to
authorize the City Manager to negotiate and execute Contract No. 9513
(CCS) with Moore Iacofano Goltsman, in the amount of $148,280, to
design, facilitate and manage Phase II of the Visioning process and to train
staff on the facilitation process, was presented.
Councilmember McKeown advised he removed this item from the Consent
Calendar to modify the recommendation to give the Airport Commission an
opportunity to review and comment on the guidance document and the
instructions.
December 6, 2011
Motion by Councilmember McKeown, seconded by Mayor Bloom, to
approve the recommendation, amended to provide the Airport Commission
an opportunity to review and comment on the guidance document and
instructions.
Discussion ensued as to the intent and the effects of approving the motion
as amended. After considerable discussion, Mayor Bloom withdrew his
second.
Main motion by Councilmember O'Connor, seconded by Mayor Pro Tern
Davis, to approve the recommendation. 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
EMPLOYER -PAID 3 -G: Resolution No. 10639 (CCS) entitled "A RESOLUTION OF THE
CONTRIBUTIONS CITY COUNCIL OF THE CITY OF SANTA MONICA FOR PAYING AND
REPORTING THE VALUE OF EMPLOYER PAID MEMBER
CONTRIBUTIONS," correcting an error related to the payment and
reporting the value of employer -paid member contributions, was
presented.
Councilmember Shriver advised he removed this item from the Consent to
ask clarifying questions. Staff responded to questions from
Councilmember Shriver.
Main motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to adopt the resolution, 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,
McKeown, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
INTERIM PIER 3 -H: Pier Board Member qualifications and criteria—
RESTORATION BOARD recommendation to approve criteria for the appointment of directors to the
interim board of the successor organization to the Pier Restoration
Corporation (PRC); authorize the City Clerk to publish the vacancies on the
new board, with nominations to close on January 17, 2012; and direct staff
and existing PRE Board and staff to recommend the necessary legislative
changes to dissolve the existing PRE Board by February 15, 2012, in order
to coincide with Council's appointment of members to the interim board,
was presented.
4 December 6, 2011
Councilmember McKeown advised he removed this item from the Consent
Calendar to ask clarifying questions. Staff responded to questions from
Councilmember McKeown.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the recommendation, amending to direct staff that on Council's
behalf, ask the current Board that no long -term commitments be made and
maximum flexibility for the new Pier Board be retained. 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
STUDY SESSION: 4 -A: Tsunami Response Plan — recommendation to review and
TSUNAMI RESPONSE comment on the Tsunami Response Plan and direct staff to proceed with
PLAN the implementation of the Plan, was presented.
Members of the public Reina Alvarez and Michael Toney commented on
the recommendation.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis,
to receive and file the information. The motion was unanimously approved
by voice vote, with all members present.
CONTINUED ITEMS: 5 -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, was
presented.
Members of the public Jack Waddington, David Latham, Nancy Morris,
Cosmo Bua, James White, Brenda Barnes, Greg Heacock, Rosario Perry,
Joanne Curtis, Zina Josephs, Michael Toney, Ellen Hannan, Maria Loya,
Michael Tarbet, Catherine Eldridge, Oscar De La Torre, Ellen Brennan,
Mark Sondragen in support of the request.
Mark Luzatto, owner of the subject property, spoke to the efforts having
been taken so far, and those planned, to assist residents in the transition.
Considerable discussion ensued on the options available to the City to
enable the tenants to stay in their current housing, including acquisition of
the property.
December 6, 2011
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to direct staff to explore all means of protecting the Village Trailer Park
and its residents, including acquisition.
Considerable discussion ensued on the potential price to purchase the
property, the City's policy and practice on the subject matter, the state of
the economy and the budget, and the current state of the project planned for
the site.
Substitute motion by Councilmember Shriver, seconded by Councilmember
O'Day, to only study the appraisal value and the valuations at which the
property might be able to be purchased, and to bring back the item at the
first council meeting in January. The motion failed by the following vote:
AYES:
Councilmembers O'Day, Sbriver, Mayor Bloom
NOES:
Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis
ABSTAIN:
Councilmember Holbrook
ABSENT:
None
The earlier main motion failed by the following vote:
AYES: Councilmembers McKeown, Mayor Pro Tem Davis
NOES: Councilmembers O'Day, Holbrook, O'Connor, Shriver
Mayor Bloom
ABSENT: None
Motion by Councilmember Shriver, seconded by Mayor Bloom, to raise the
question, during negotiation discussions with the landowner, of whether
they would like to sell at some price. The motion was approved by the
following vote:
AYES: Councilmembers O'Day, Holbrook, Shriver, Mayor Bloom
NOES: Councilmembers McKeown, O'Connor,
Mayor Pro Tem Davis
Mayor Bloom and ABSENT: None
Councilmember O'Day were
excused at 9:06p.m. Councilmember McKeown stated for the record that his "no" vote reflects
his intention to look at how the city might purchase the property, and the
other motion(s) looked for reasons why not to consider buying the property.
Mayor Bloom left the dais for the remainder of the meeting and Mayor Pro
Tem Davis assumed the Chair.
On order of the Mayor Pro Tem, Item 7 -A is to be heard concurrently with
this item, 6 -A.
6 December 6, 2011
ADMIN. ITEMS: 6 -A: Appeal 11 -009 of a Planning Commission technical denial, and
ELECTRIC VEHICLE introduction and first reading of an ordinance, to authorize electric
SALES vehicle sales on the Third Street Promenade - recommendation to uphold
the appeal of a Planning Commission technical denial; and, introduction
and first reading of an ordinance amending the Zoning Ordinance to allow
all - electric vehicle showrooms in the BSCI District on the Third Street
Promenade, subject to approval of a Performance Standards Permit, was
presented.
ORDINANCES: 7 -A: Introduction and first reading of an ordinance amending the
ELECTRIC VEHICLE Zoning Ordinance to allow all- electric vehicle showrooms in the BSCI
SALES District on the Third Street Promenade, subject to approval of a
Performance Standards Permit, was presented.
Councilmember Holbrook, as the appellant, spoke in support of the appeal.
Members of the public Denise Barton, Jerry Rubin, Zack Maul, Nicholas
Cardiell, and Jennifer Medina commented on various aspects of the
proposed ordinance.
City Attorney Marsha Moutrie clarified that this is not a quasi-judicial
matter, but a legislative one. She added that in this type of hearing, the
City Councilmember who is the appellant may participate in the
deliberations and there is no provision for a rebuttal in this type of hearing.
Motion by Councilmember Shriver, seconded Councilmember O'Connor,
to uphold the appeal. The motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook,
Mayor Pro Tern Davis
NOES: Councilmember McKeown
ABSENT: Councilmember O'Day, Mayor Bloom
Motion by Councilmember O'Connor, seconded Councilmember Shriver,
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,
Shriver, Mayor Pro Tern Davis
NOES: Councilmember McKeown
ABSENT: Councilmember O'Day, Mayor Bloom
7 December 6, 2011
Councilmember McKeown stated for the record that his `no' vote reflects
that, while he supports and encourages the sale of electric cars in Santa
Monica, he feels locating automobile dealerships on the Promenade will
displace and discourage the locally- oriented, resident - serving businesses
that we should be encouraging.
TENANT PROTECTIONS 7 -B: Introduction and first reading or an ordinance amending
Chapters 4.36 and 4.56 of the Municipal Code to increase permanent
relocation benefits; change eligibility requirements for relocation
enhancements; extend tenant harassment protections to all tenants
covered by just cause eviction rules; and correct certain code section
references, was presented.
Member of the public Michael Tarbet spoke in favor of the
recommendation.
Motion by Councilmember McKeown, seconded Councilmember
O'Connor, 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 Shriver, O'Connor, Holbrook, McKeown
Mayor Pro Tern Davis
NOES: None
ABSENT: Councilmember O'Day, Mayor Bloom
COMMUNITY EVENTS 7 -C: Introduction and first reading of an ordinance amending
Sections 4.68.040, 4.68.060, and 4.68.070 of the Municipal Code
(Community Events Ordinance) to establish a permit requirement for
activities or events of 75 or more persons on the City's Third Street
Promenade and to authorize Downtown Santa Monica, Inc., to issue
community event permits for events less than 150 persons, was
withdrawn at request of staff.
STAFF ITEMS: 8 -A: Refuse truck advertising program expansion — recommendation
REFUSE TRUCKS to approve expanding the refuse truck advertising program to permit 50%
of the advertising panels to outside marketers and use the remaining portion
to promote Resource Recovery and Recycling, and Office of Sustainability
and the Environment Programs, was presented.
There was no one present for public comment.
Motion by Councilmember Shriver, seconded Councilmember Holbrook, to
approve the recommendation. The motion was approved by the following
vote:
December 6, 2011
AYES: Councilmembers McKeown, Holbrook, O'Connor,
Shriver, Mayor Pro Tern Davis
NOES: None
ABSENT: Councilmember O'Day, Mayor Bloom
RESOURCE RECOVERY 8 -B: Resource Recovery Center Update — recommendation to review
CENTER and comment on proposal to cancel the design and construction of a
Recovery Center and self -haul facility at the City Yards; authorize the City
Manager to cancel the agreement with J.R. Miller and Associates for the
design of the Center; and, direct staff to develop a new material processing
plan in conjunction with Southern California Disposal and Allan Company,
was presented.
Members of the public Jason Young, Nenad Trifunovic, Adam Holt, and
Michael Toney commented on the recommendation.
Motion by Councilmember O'Connor, seconded Councilmember
McKeown, to approve the recommendation, taking into consideration
Council's comments during the discussion. The motion was approved by
the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, McKeown,
Mayor Pro Tem Davis
NOES: None
ABSENT: Councilmember O'Day, Mayor Bloom
COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Arts
ARTS COMMISSION Commission for a term ending on June 30, 2012, was continued to a
future meeting.
ARTS COMMISSION 13 -13: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending on June 30, 2012, was continued to a
future meeting.
PLANNING 13 -C: Appointment to one unscheduled vacancy on the Planning
COMMISSION Commission for a term ending on June 30, 2013, was continued to a
future meeting.
RECREATION AND 13 -D: Appointment to two unscheduled vacancies on the Recreation
PARKS COMMISSION and Parks Commission for a terms ending on June 30, 2012 and June
30, 2014, was continued to a future meeting.
ARCHITECTURAL 13 -E: Recommendation to accept Michael Folonis' resignation from
REVIEW BOARD the Architectural Review Board and authorize the City Clerk to
publish the vacancy, was presented.
December 6, 2011
Motion by Councilmember O'Connor, seconded Mayor Pro Tem Davis, to
approve the recommendation. The motion was approved by unanimous
voice vote, with Mayor Bloom and Councilmember O'Day absent.
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned at
10:07 p.m.
ATTEST-
O
Maria M. Stewart a. Richard Bloom
City Clerk Mayor
q 4 Gleam Davis
Mayor Pro Tem
10 December 6, 2011