M-032012CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 20, 2012
A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on
Tuesday, March 20, 2012, 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 Terry O'Day (arrived at 6:46 p.m.)
Councilmember Bobby Shriver (arrived at 6:10 p.m.)
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 5:35 p.m., with
Councilmembers O'Day and Shriver absent. Jessica Cusick, Cultural
Affairs Manager, led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Member of the public Darryl Bristol commented on Item 1 -13.
Councilmember Shriver On order of the Mayor, the City Council recessed at 5:39 p.m., to consider
arrived at 6:10 p.m. closed sessions and returned at 6:32 p.m., with Councilmember O'Day
absent, to report the following:
1 -A: 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.
The City Attorney advised she was asked to clarify the terms of Settlement
No. 9551 (CCS) that was approved on February 28, 2012, as follows: A
total payment of $77,500 to be made to settle the case; the Epstein will
receive $12,500 to be paid by ACS and the Epsteins' attorneys will receive
$65,000 to be paid by the City.
March 20, 2012
1 -B: Conference with Legal Counsel —Existing Litigation: Adams v.
City of Santa Monica, United States District Court Case Number
CV 10 -05942 DMG.
The City Attorney advised this Personnel matter was heard and
recommended the following settlement: A payment by the City in the
amount of $200,000, and in return, Plaintiff will leave employment with the
City and waive all claims against the City.
Motion by Mayor Pro Tem Davis, seconded by Councilmember Holbrook,
to approve Settlement No. 9555 (CCS). 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
1 -C: Conference with Legal Counsel —Existing Litigation: Rivas;
Garcia v. City of Santa Monica, Los Angeles Superior Court
Case Number BC 451679.
The City Attorney advised this matter was heard and recommended a
settlement in the amount of $24,000, with $12,000 to be paid to each of the
two plaintiffs.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve Settlement No. 9556 (CCS). 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
1 -D: Conference with Legal Counsel —Anticipated
Litigation: Anticipate significant exposure to litigation pursuant
to Government Code Section 54956.9 (b) - 1 case: 710 Wilshire
Boulevard
The City Attorney advised this matter was heard and no reportable action
was taken.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
2
March 20, 2012
Councilmember Shriver was Members of the public Joy Fullmer, Michael Toney and Jerry Rubin
excused at 6:40 p.m. commented on various Consent Calendar items.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis ,
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 McKeown, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Day, Shriver
MINUTES 3 -A: The minutes of the January 24 and February 14, 2012, City Council
meetings were approved as submitted.
ITEM WITHDRAWN
3 -B: Item withdrawn
TRAFFIC MGMT. 3 -C: Advance Traffic Management System, Phase 5 Project Design —
SYSTEM recommendation to authorize the City Manager to negotiate and execute
Contract No. 9557 (CCS) with RBF Consulting in the amount of $175,000,
to provide project design services for the preparation of plans,
specifications, and estimates for the installation of the communication
infrastructure for the Advance Traffic Management System, Phase 5; and
authorize any necessary changes, was approved.
FARMERS MARKET 3 -D: Farmers Market Rules and Business License Fees —
RULES AND FEES recommendation that the City Council amend the Farmers Market Rules,
Regulations, and Policy Guide to clarify language regarding violations, due
process, penalties and appeals by Farmers Market participants; and adopt
Resolution No. 10662 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANT MONICA WAIVING PAST DUE BUSINESS LICENSE
TAXES, PENALTIES AND PROCESSING FEES FOR ALL PAST
FISCAL YEARS," was approved.
2322 MICHIGAN 3 -E: 2322 Michigan Avenue Property Acquisition — recommendation to
authorize the City Manager to negotiate and execute a Purchase and Sale
Agreement No. 9558 (CCS) and other related documents, to acquire the
12,223 square foot property located at 2322 Michigan Avenue, for $2.2M
plus associated transaction costs; and appropriate the budget increases, was
approved.
March 20, 2012
HISTORICAL 3 -F: Modification agreement to provide Historical Resource Analysis
RESOURCE ANALYSIS (PCR Services Corporation) — 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
$75,000 for a contract total of $232,950, to provide professional services in
the field of historic preservation, was approved.
PARKING STRUCTURE 6 3 -G: Construction Management Services for Parking Structure 6—
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9559 (CCS) with Kitchell, in an amount not to exceed
$1,099,648 for construction management services for the demolition of
Parking Structure 6, was approved.
PIER VISIONING 3 -H: Contract for Pier Visioning Process —recommendation to
PROCESS authorize the City Manager to negotiate and execute a professional services
Agreement No. 9560 (CCS) with Moore Iacofano Goltsman, Inc. (MIG), in
the amount of $106,020 to design, facilitate and manage the Santa Monica
Pier Visioning Process, was approved.
CITY CLERK 3 -I: Executive recruitment services for Records and Election Services
RECRUITMENT (City Clerk) Director — recommendation to authorize the City Manager to
negotiate and execute a professional services Agreement No. 9561 (CCS)
with Alliance Resource Consulting LLC., in the amount of $28;500, to
provide executive recruitment services in the search for a new Director of
Records and Election Services (City Clerk), was approved.
ORDINANCES: 7 -A: Introduction and first reading of and ordinance for Development
710 WILSHIRE — DA Agreement 07 -006 to allow a 285 -room hotel that includes the retention
and adaptive reuse of a City Landmark office building and 15,600
Councilmember Shriver square foot of ground -floor retail/restaurant space at 710 Wilshire
returned at 6:44 p.m. Blvd; adopt Resolution No. 10663 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA CERTIFYING THE FINAL
Councilmember O'Day ENVIRONMENTAL IMPACT REPORT ON THE MIXED -USE
arrived at 6:46p. m. PROJECT "; and, adopt Resolution No. 10664 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA MAKING
FINDINGS NECESSARY TO APPROVE THE MIXED -USE PROJECT
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN," was presented.
Ken Kutcher, representing Developer, presented the project and spoke in
support of the proposed development agreement.
March 20, 2012
The following members of the public spoke generally in support of the
project, but mainly in support of a living wage of $15.00 for hotel
employees: Harry Keiley, Vivian Rothstein, Alison Bart, Genise
Schnitman, Lynn Greenberg, Abby Arnold, Catherine Gentile, Edith
Mendez, Oscar de In Torre, Maria Loya, Joe Newbin, Jim Dahlgren, Francis
Engler, Rita Lowenthal, Mike Gallen, David Pettit, Derek Smith, Reverend
Jim Conn, Edith Garcia, Rachel Tones, Alex Gomez, Jerry Rubin, Valerie
Griffin, Frank Gruber, Reverend Janet McKeithen, Lope Stephenson, Zina
Josephs, Tony Vasquez, Bruria Finkel, Fernando, and Jackie Martin.
The following members of the public spoke in support of the
recommendation: Lauren Rosen, Ron Davis, Mike Grunning, Tom Neary,
Tom Clays, Louisa Fish, and Travis Gemoets.
Member of the public Ellen Hannan spoke in opposition to the project and
the potential additional traffic impacts. Member of the public Denise Barton
spoke in opposition to the project and in support of a living wage.
Ken Kutcher, representing the Developer, provided a rebuttal to public
comment received.
Considerable discussion ensued on the merits of the project, the merits of
the proposed development agreement and on the comments and concerns
expressed by members of the public, including but not limited to the
expressed living wage desired.
RECESS On order of the Mayor, the City Council recessed at 8:58 p.m., and returned
at 9:10 p.m., with all members present.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to adopt Resolution No. 10663 (CCS) certifying the EIR, 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
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to adopt Resolution No. 10664 (CCS) adopting findings, a
statement of overriding considerations, and a mitigation monitoring plan,
and amended by the minor revisions made by staff, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
March 20, 2012
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to introduce the ordinance approving the development
agreement.
Discussion ensued on the merits of the motion including but not limited to:
including a higher minimum wage of up to $15 per hour, a local hiring
preference, a local public art preference, the impact of having or not having
a severability clause in the agreement, and the comments made by members
of the public.
Substitute motion made by Councilmember O'Dav, seconded by Mavor Pro
Tern Davis, to introduce the ordinance approving the development
agreement, amending the agreement to provide a $14.97 minimum wage
without distinction of whether employee is tipped or not, leaving the
severability clause in the language as is, and to give a preference to local
public art.
Sr. Deputy City Attorney Barry Rosenbaum clarified that the living wage
provision, which may last longer than the development agreement is to be
added to the conditions of approval for the project.
The substitute motion failed by the following vote:
AYES: Councilmembers O'Day, McKeown, Mayor Pro Tern Davis
NOES: Councilmembers Shriver, O'Connor, Holbrook
ABSTAIN: Mayor Bloom
ABSENT: None
Substitute motion by Councilmember McKeown, to introduce the ordinance
for first reading with a $14.97 hourly wage rate, with an enhanced local
hiring goal, extending the free bus passes to 6 months, and increasing the
number of minimum parking spaces required. Motion died for lack of a
second.
Substitute motion by Councilmember Shriver, seconded by Mayor Bloom,
to introduce ordinance for first reading with a $13.54 hourly wage without
benefits, $12.29 with benefits; with the tipped- employee distinction (if
tipped, not covered by minimum wage); including a preference for the
developer to use existing art budget to purchase local art; changing the
required minimum number of parking spaces to 290; including a goal for
local hiring for the construction and for the permanent operation of the
6 March 20, 2012
project; and, including a local internship provision with the internship to go
to Santa Monica residents. The substitute motion failed by the following
vote:
AYES: Councilmembers O'Connor, Shriver, Mayor Bloom
NOES: Councilmembers McKeown, O'Day, Holbrook,
Mayor Pro Tem Davis
ABSENT: None
The main motion, amended to include the increase to parking, the hiring and
internship preferences, and the local art preference contained in the previous
motions, and approved by the maker and seconder of the motion, failed by
the following vote:
AYES: Councilmembers Holbrook, O'Connor, Mayor Bloom
NOES: Councilmember McKeown, O'Day, Shriver,
Mayor Pro Tem Davis
ABSENT: None
Motion by Councilmember Holbrook, seconded by Mayor Bloom, to
introduce the ordinance with an hourly wage of $12.54 without benefits and
$11.29 with benefits, including the increase to parking, the hiring and
internship preferences, and the local art preference contained in the previous
motions. The motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook,
Mayor Bloom
NOES: Councilmembers O'Day, McKeown, Mayor Pro Tem Davis
ABSENT: None
Councilmember McKeown requested the record to show that his "no" vote
reflects an extreme dismay that after broad public support for a living wage
and discussion of the developer's abilities to provide a living wage, the
Council majority has created low wage jobs that further institutionalize the
working poor in Santa Monica.
STAFF ITEMS: 8 -A: Consideration of Chain Reaction Sculpture by Paul Conrad —
CAAINREACTION recommendation to approve the removal of the sculpture Chain Reaction by
SCULPTURE Paul Conrad after six months if private fundraising for repair and restoration
is not successful; authorize staff to complete all necessary testing; and
appropriate the budget increases, was presented.
Members of the public Mike Meyers, Ed Horowitz, Kit Dreyfuss, James
Flury, Sara Hodson, Kay Conrad, Dave Conrad, Brian English, Jerry Rubin,
Louisa Fish, Bruria Finkel and Roger Genser spoke in support of efforts to
restore the sculpture.
7 March 20, 2012
Motion by Councilmember O'Connor, seconded by Councilmember
Shriver, to approve recommendation amended to set the date of November
15`x' as the date when staff will return with a recommendation regarding
funding, restoration, and /or de- acquisitioning. 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
BERGAMOT ART
8 -B: Concept and Policy Direction for Bergamot Art Center —
CENTER
recommendation to review and comment on Bergamot Station Art Center
preferred concept; and, direct staff to prepare and release a Request for
Councilmember O'Day was
Qualifications (RFQ) for a long -term master lessee /development team at the
excused at 11: d2 p.m.
City -owned Bergamot Station property, was presented.
Councilmember Holbrook
The following members of the public spoke generally in support of the
was excused at 12 :00 a.m.
project and expressed ideas, suggestions and concerns: Mike Meyers, Walt
Meyer, Elsa Longhauser, Peter Gelles, Jan Belson, Denise Barton, Leigh
Curran, David Burton and Howard Robinson.
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to approve recommendation amended to include in the list of qualifications a
preference to have someone on the team who has experience with working
in Santa Monica and is familiar with the City's "quirks" (characteristics).
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Shriver
ABSENT: Councilmembers O'Day, Holbrook
BOARDS /COMMISSIONS: 13 -A: Recommendation to accept David Schaffer's resignation from
RESIGNATION the Building and Safety Commission and authorize the City Clerk to
publish the vacancy, was presented.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor,
to accept resignation with regrets. The motion was unanimously approved
by voice vote, with Councilmembers O'Day and Holbrook absent.
RESOLUTIONS: 13 -B: Request of Mayor Bloom to authorize the use of City Council
COUNCIL TRAVEL travel funds for the purpose of Mayor Pro Tem Davis attending the
FUNDS Business Civic Leadership Center 2012 National Conference, in Atlanta,
Georgia, representing the City as a finalist to receive the Siemens
Sustainable Community Award, was presented.
March 20, 2012
Member of the public Denise Barton spoke in opposition to the request.
Motion by Councilmember O'Connor, seconded by Mayor Bloom, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers O'Day and Holbrook absent.
WRITTEN REQUESTS: 13 -C: Request of Councilmember McKeown that the Council authorize
DISCLOSE ACT City of Santa Monica support for the California DISCLOSE Act, AB
1648 (Brownley), which would require enhanced public information
regarding the true funding of political messages including slate cards,
mass mailings, and broadcast advertising; and that our support be
conveyed to legislators and the Governor in hopes of speedy enactment,
was presented.
Members of the public Valerie Griffin, Denise Barton and Craig Preston
spoke generally in support of the request.
Motion by Councilmember McKeown, seconded by Mayor Bloom, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers O'Day and Holbrook absent.
COUNCIL ITEMS: 13 -D: Request of Mayor Bloom and Mayor Pro Tern Davis that the
HIGH SCHOOL Council allocate $15,000 of Council discretionary funds to the Santa
SYMPHONY Monica High School Symphony Orchestra to support the group's April
ORCHESTRA TOUR 2012 musical tour of Washington, D.C. The tour provides rich
educational experiences and showcases Santa Monica's music program.
Students will perform at a variety of venues, attend concerts, and
participate in learning experiences. At the request of the Santa Monica
High School Orchestra Parents Association, funds would be directed to
the Association's non - profit umbrella organization, Santa Monica Arts
Parents Association, and be allocated to SMAPA — Samohi Orchestras,
was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Mayor Bloom, to
approve request. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, Slmiver,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Day, Holbrook
SUCCESSOR AGENCY 13 -E: Request of Mayor Bloom that Council waive fees for use of
OVERSIGHT BOARD Council Chambers for meetings of the Santa Monica Oversight Board,
was presented.
March 20, 2012
There was no one present for public comment.
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor to approve request. The motion was unanimously approved by
voice vote, with Councilmembers O'Day and Holbrook absent.
PUBLIC INPUT: On order of the Mayor, the City Council meeting was adjourned 12:48 a.m.
memory of Peter Bergman and the children killed in Toulouse and
Afghanistan.
ATTEST: APPROVED:
"-
Maria M. Stewart ichard Bloom
City Clerk Mayor
10 March 20, 2012