M-042412CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 24, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:32 p.m., on
Tuesday, April 24, 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
Councilmember Bobby Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE /PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present. Mayor Pro Tem Davis led the assemblage in the Pledge
of Allegiance.
CLOSED SESSIONS There was no one present for public comment.
On order of the Mayor, the City Council recessed to closed sessions at 5:33
p.m., and returned at 6:30 p.m., with all members present, to report the
following:
1 -A: Public Employee Evaluation.
Title of Employees: City Attorney, City Manager
Mayor Bloom announced that this item was not heard.
I -B: 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).
April 24, 2012
City Attorney Moutrie advised that this matter was heard and no reportable
action was taken.
1 -C: Conference with Legal Counsel— Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) - 3 cases: Claim of Dunn and Robhana; I
case (NMS Properties); 1 case.
City Attorney Moutrie advised that this matter was heard and no reportable
action was taken.
1 -D: Conference with Legal Counsel —Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (c) —1 case.
City Attorney Moutrie advised that 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.
Members of the public Joy Fullmer, Jerry Rubin and Denise Barton
commented on various Consent Calendar items.
At the request of Councilmember Shriver, Items 3 -D and 3 -G were
removed from the Consent Calendar.
At the request of Mayor Pro Tern Davis, Item 3 -P was removed from the
Consent Calendar.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the Consent Calendar with the exception of Items 3 -D, 3 -G and
3 -P, 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 Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
MINUTES 3 -A: The minutes for the March 27, 2012, City Council meeting, were
approved as submitted.
2 April 24,2012
CIVIC CENTER PARKS 3 -13: Deputy Inspection and Testing Services for Civic Center Parks
TESTING AND — recommendation to authorize the City Manager to negotiate and execute
INSPECTION SERVICES Contract No. 9573 (CCS) with Smith -Emery Company, in the amount of
$113,212, for deputy inspection and material testing services for the Civic
Center Parks (Palisades Garden Walk and Town Square Project), was
approved.
CLEANING CHEMICALS 3 -C: Purchase of Hillyard cleaning chemicals and solutions—
AND SOLUTIONS recommendation to authorize the City Manager to award sole source
purchase orders to Hillyard, Inc., in the amount of $480,000, for the
purchase of cleaning chemicals and solutions, through June 30, 2016, was
approved.
S.M. BAY BEACH TMDL 3 -E: Cost sharing Memorandum of Agreement for the Santa Monica
PLAN Bay Beaches Bacterial TMDL Implementation Plan with the City of
L.A. — recommendation to: authorize the City Manager to negotiate and
execute Memorandum of Agreement No. 9574 (CCS) with the City of Los
Angeles, in the amount of $4,000,000 to implement the Stage One Projects
in the Santa Monica Bay Beaches Bacterial Total Maximum Daily Load
(TMDL) Implementation Plan; and authorize the budget changes, was
approved.
PARKING STRUCTURE 6 3 -F: Deputy Inspection and Testing Services for Parking Structure 6
INSPECTION SERVICES — recommendation to authorize the City Manager to negotiate and execute
Contract No. 9575 (CCS) with Willdan Geotechnical, in the amount of
$285,500, for deputy inspection and material testing services for the
demolition and rebuilding of Parking Structure 6, was approved.
BBB DETAILING 3 -H: Bus detailing services for the Big Blue Bus —recommendation to
award Bid No. 3083 to Uniserve Facilities Service, Inc., in the amount of
$145,000, for bus detailing services, for a term of one -year, with two
additional one -year renewal options for a total amount not to exceed
$441,000, was approved.
BBB REPLACEMENT 3 -I: P -Trap replacement parts and service for the Big Blue Bus —
PARTS recommendation to award Bid No. 3086 to Ironman, Inc., in the amount of
$150,000, for P -trap replacement parts and service, for a term of one year,
with two additional one -year renewal options for a total amount not to
exceed $450,000, was approved.
BBB SECURITY 3 -J: Purchase order increase for Big Blue Bus security services —
recommendation to authorize the City Manager to increase Purchase Order
No. 19655 issued to ABM Security, Inc., in the amount of $126,500, to
provide Big Blue Bus security services for the remainder of FY 2011 -12 for
a new purchase order total of $481,430, was approved.
April 24, 2012
UNLEADED GASOLINE 3 -K: Purchase of Unleaded Gasoline —recommendation to award Bid
#3087 to IPC, Inc., in the amount of $4,320,335, to supply and deliver
unleaded gasoline over a five year and two month term, was approved.
PARKING STRUCTURE 4 3 -L: Parking Agreement for Parking Structure No. 4 —
PARKING AGREEMENT recommendation to authorize the City Manager to negotiate and execute
Parking Agreement No. 9576 (CCS) with 1299 Ocean LLC, for Parking
Structure No. 4, regarding the removal of reserved parking spaces, the
extension of the lease term and the payment by the City for use of
relinquished parking spaces, was approved.
BICYCLE TRANSPORTA- 3 -M: Caltrans Bicycle Transportation Grant Funds —recommendation
TION GRANT FUNDS to adopt Resolution No. 10670 (CCS) authorizing the City Manager to
submit an application for grant funds to plan, design and construct a first
phase of the 17th Street Station Bike Parking, Services and Bike Share
Facility; and authorize the City Manager to negotiate and execute
Agreement No. 9577 (CCS) and other related documents for such funding
if the grant is awarded, was approved.
SALARY /POSITION 3 -N: Resolution No. 10671 (CCS) entitled: "A RESOLUTION OF
CHANGES THE CITY OF SANTA MONICA ESTABLISHING NEW POSITION
CLASSIFICATIONS AND SALARY RATES, AND APPROVE
POSITION AND CLASSIFICATION CHANGES," was adopted.
ASST. CITY CLERK 3 -0: Resolution No. 10672 (CCS) entitled: "A RESOLUTION OF
STATUS THE CITY OF SANTA MONICA RELATED TO THE CIVIL SERVICE
STATUS OF THE ASSISTANT CITY CLERK IN THE CITY CLERK'S
OFFICE," was adopted.
RESTAURANT — 3 -1): Park - Oriented Restaurant Adjacent to Palisades Garden Walk
PALISADES GARDEN — recommendation to authorize the issuance of a Request for Proposals for
WALK a restaurant operator to lease and remodel or construct a restaurant on the
City -owned property located at 1657 Ocean Avenue, was presented.
Councilmember Shriver advised he removed this item from the Consent
Calendar to ask why the City was not considering leasing the site at market
rate to the existing operator. The City Attorney advised that the City is
required to offer competitive opportunities when awarding potential
benefits such as leases, and that the current operator will have the
opportunity to apply.
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by the
following vote:
4 April 24, 2012
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
KCRW BROADCAST 3 -G: KCRW broadcast of regular City Council Meetings —
recommendation to authorize the City Manager to negotiate and execute a
modification to Professional Services Agreement No. 9526 (CCS) with
Santa Monica Community College District in the amount of $76,620 to
continue to broadcast regular City Council meetings, resulting in a 2 -year
agreement total contract amount of $152,520, was presented.
Councilmember Shriver advised he removed this matter from the Consent
Calendar to ask if this was an increase from previous terms or if the cost
remains the same. Staff advised there was no increase in this
recommendation.
Motion by Councilmember Shriver, seconded by Councilmember O'Day,
to approve recommendation. 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
TEMPORARY CITY 3 -P: Appointment and agreement with retiring City Clerk to serve
CLERK as Temporary City Clerk — recommendation to appoint Maria M. Stewart
as Temporary City Clerk upon her retirement; and authorize the City
Manager to negotiate and execute Agreement No. 9578 (CCS) to act as the
as- needed Temporary City Clerk for election - related tasks once she retires
with the Clerk's other duties being assigned to the Assistant City Clerk
during this interim period, was presented.
Mayor Pro Tem Davis advised she removed this item from the Consent
Calendar out of a concern that the report calls out for the Temporary Clerk
administering only election duties after she retires, and that given the
current and expected workload with the upcoming election, a broader range
of responsibilities would be more appropriate.
Discussion ensued on the merit of the recommendation and Mayor Pro Tem
Davis's concerns.
April 24, 2012
Motion by Mayor Bloom, seconded by Mayor Pro Tem Davis, to direct
staff to negotiate an agreement with Ms. Stewart retaining her services for
the interim period of time while Council selects a new City Clerk, and
retaining her current responsibilities and authority, and allocating whatever
hours are necessary to do that job. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Shriver
ABSENT: None
Councilmember Shriver advised that he voted "no" because he did not
understand the recommended action.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2397 (CCS)
AMENDMENT TO PERS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
CONTRACT AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF SANTA MONICA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM," was presented.
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'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
PARK AND BEACH 7 -B: Second reading and adoption of Ordinance No. 2398 (CCS)
REGULATIONS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING ARTICLES III AND IV OF THE MUNICIPAL CODE
RELATING TO PARK AND BEACH REGULATIONS," was presented.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day 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'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
April 24, 2012
HEARING EXAMINERS 7 -C: Introduction and first reading of an Ordinance Expanding the
FOR PERSONNEL Options for Providing Hearing Examiners to decide Personnel
APPEALS Appeals, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, 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 McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem. Davis, Mayor Bloom
NOES: None
ABSENT: None
STAFF ITEMS: 8 -A: Presentation on Serving Santa Monica's Seniors: Services and
SERVICES FOR SENIORS Transportation Options — recommendation to: receive, discuss and
provide direction on the attached report which outlines plans for: a)
Completing the transfer of Senior Center operations to WISE & Healthy
Aging (WISE); b) Expanding and improving outreach for Dial -A -Ride
(DAR) van and taxi services; c) Maximizing senior residents use of County
ACCESS paratransit services to non -City destinations; adopt Resolution
No. 10673 (CCS) authorizing the City Manager to execute all necessary
documents to apply for grant funds in the amount of up to $580,000 from
the U.S. Department of Transportation's New Freedom program for
expanded DAR door through door services; and authorize the City Manager
to negotiate and execute a modification to Contract 9422 (CCS) with WISE
in the amount of $20,000 to increase the FY 2011 -12, for a total contract
amount not to exceed $1,145,112, and authorize budget changes, was
presented.
Members of the public Rosemary Regalbuto, D.L. Waldren, Elena Martin,
Vicki Clarke, Ellen Hannan, Sarah Young, Paula Fern, Frankie Aggers,
Leola Hilderbrandt, Gary Roster, Grace Cheng Braun, Barbara Browning,
Freida Dubin, Joseph Hardin, and Zina Josephs commented in support of
senior services and in support of retaining the Senior Center for Senior use.
Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Connor,
to approve staff recommendation.
Considerable discussion ensued on the merits of the recommendation and
the motion, the original dedicated use for the Senior Center site, the current
use and proposed changes and uses of the Senior Center, and existing and
potential new programming for seniors and adults.
The motion was approved by the following vote:
April 24, 2012
AYES: Councilmembers O'Connor, Holbrook, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmembers Shriver, McKeown
ABSENT: None
Councilmember McKeown stated, for the record, that his "no" vote reflects
some hesitation regarding the re- purposing of the Senior Recreation Center
as he felt that the matter deserved more thought and that it was premature
to just say, "oh, sure."
FAIRMONT MIRAMAR 8 -13: Development Agreement float -up for a project at 1133 Ocean
HOTEL FLOAT UP Avenue /101 Wilshire Boulevard by Ocean Avenue LLC (Fairmont
Miramar Hotel) — recommendation to discuss the Applicant's Preliminary
Plan and provide direction regarding desired design parameters for the site
and potential priority community benefits to be negotiated; and authorize
staff to initiate the Development Agreement review process, was presented,
Alan Epstein, representing the Applicant, presented proposed designs and
plans, and spoke in support of a development agreement for the project.
The following members of the public spoke generally in support of the
recommendation: Mike Gruning, D.L. Waldron, Rosemary Regalbutto,
Natalya Zernitskaya, Jerry Rubin, Adaline Fagen, Ralph Fagen, Diane
Krakower, Bruce Johnston, Nat Trives, Janie Bates, Carol Lemlein, Salle
Soladay, Irene Zivi, Alison Best, Jenna Linnekins, Susan McCarthy,
Charles Whitaker, Tom Neary, Gerda Newbold, Albin Gjelicz, Ted
Winterer, Felix Sahig, Ron Davis, Matthew Rich, Donna Gentry, Valerie
Griffin, Robert Boucher, Kathleen Rawson, Rob York, Sarah Letts, Judy
Abdo, Freida Dubin, Paul Hortobagyi, Steve Sone, Lupe Stevenson, Mathis
Machehejowski, Omar Shohabi, M. Lehman, Ray Garcia, Frank Gruber,
Rachel Torres, Eric Parlee, and Paul Rosenstein.
The following members of the public spoke generally in opposition to the
recommendation: Rick Zbor, Gary Levine, Jay Zimmerman, Ellen Hannan,
Jeff Crossland, Jim Gerstley, David Martin, Eleanor Blumberg, Lenore
Morell, Elizabeth VanDenburg, April Smith, Marcia Hanscome, Ivan B.
Perkins, Mildred White, Dhan May, Richard Knickerbocker, Susan
Scarafia, Robert Garfield, Steve Linnett, Ashley Avery, Sebastian Fries,
Charley Hobey, Denise Barton, Debra Liss, William Gurfield, Virginia
Kohfeld, Brenda Weisnar and Silke Koehler.
Alan Epstein, representing Applicant, provided a brief rebuttal to the public
comments.
April 24, 2012
Considerable discussion ensued on the proposed design and plans for the
project, compatibility and suitability, pedestrian access, public
transportation, community benefits, and on the comments made by
members of the public.
Motion by Councilmember O'Day, seconded by Mayor Pro Tern Davis, to
direct staff to initiate negotiations with the Applicant for the Miramar Hotel
development agreement and incorporate the comments made by the City
Council. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor, Shriver,
Mayor Pro Tern Davis, Mayor Bloom
NOES: Councilmember McKeown
ABSENT: None
Councilmember McKeown stated, for the record, that his "no" vote reflects
a belief that Council should not have set a starting point so high that the
design challenges may be impossible to meet.
Councilmembers Shriver and 8 -C: Funding for the Education Foundation of Santa Monica -Malibu
Holbrook were excused at — recommendation to authorize the City Manager to negotiate and execute
1:16 a.m. Agreement No. 9579 (CCS) with the Santa Monica - Malibu Education
Foundation in the amount of $250,000 to leverage and expand its general
fundraising efforts; and authorize the proposed budget changes, was
presented.
Member of the public Shari Davis spoke in support of the recommendation.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve recommendation. The motion was approved by the following
vote:
AYES: Councilmembers O'Connor, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, Holbrook
CONTINUING WITH Motion by Councilmember McKeown, seconded by Mayor Bloom, to
REMAINING AGENDA continue with the remaining items on the agenda. The motion was
ITEMS unanimously approved by voice vote, with Councilmembers Shriver and
Holbrook absent.
APPOINTMENTS: 13 -A: Appointment to one unscheduled vacancy on the Housing
Commission for a term ending June 30, 2014.
9 April 24, 2012
On order of the Mayor, this item was continued to the May 8, 2012,
meeting.
13 -B: Appointment to one unscheduled vacancy on the Personnel
Board for a term ending on June 30, 2014.
On order of the Mayor, this item was continued to the May 8, 2012,
meeting.
13 -C: Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending on June 30, 2014.
On order of the Mayor, this item was continued to May 8, 2012.
13 -1): Appointment to two vacancies on the Building and Fire -Life
Safety Commission or terms ending on June 30, 2016.
On order of the Mayor, this item was continued to the May 8, 2012,
meeting.
RESIGNATION 13 -E: Recommendation to accept Mark Gold's resignation from the
Measure V Citizens Oversight Committee and authorize the City Clerk
to publish the vacancy, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis,
to approve recommendation with regrets. The motion was unanimously
approved by voice vote, with Councilmembers Shriver and Holbrook
absent.
PUBLIC INPUT: Members of the public Denise Barton, Loe Montares and Mike Feinstein
commented on various local concerns.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 1:30
a.m. in memory of Dr. Eugene Brown.
ATTEST:
Maria M. Stewart
City Clerk
APPROVED:
Richard Bloom
Mayor
10 April 24, 2012