m050812CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 8, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Davis at
5:45 p.m., on Tuesday, May 8, 2012, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom (arrived at 8:07 p.m.)
Mayor Pro Tem Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Terry O'Day (arrived at 6:35 p.m.)
Councilmember Bobby Shriver
Absent: Councilmember Pam O'Connor
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Denise Anderson - Warren
CONVENEIPLEDGE On order of Mayor Pro Tem Davis, the City Council convened at 5:45 p.m.,
with Councilmembers O'Day, O'Connor, and Mayor Bloom absent.
Councilmember Holbrook led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There being no one present for public comment, the City Council recessed
at 5:51 p.m., to consider closed sessions and returned at 6:52 p.m., with
Councilmember O'Day Councilmember O'Connor and Mayor Bloom absent, to report the
arrived at 6:35 p. m. following:
1 -A: 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).
Motion by Councilmember McKeown. seconded by Councilmember
O'Day, to approve Settlement Agreement No. 9580 (CCS) in the amount of
$39.5 million, with The Boeing Company, and authorize the City Manager
to negotiate and execute any and all documents necessary to cant' out the
purposes of the settlement agreement. The terms of the agreement are as
follows: The Boeing Company will pay the city the sum of $39.5 million
over the course of the next 10 years; $150,000 will be paid within the first
30 days after executing the agreement; the settlement agreement is
May 8, 2012
contingent upon the Regional Water Quality Control Board issuing an
appropriate Clean -Up and Abatement order to Boeing; Boeing will agree to
abide by the terms of that order; the city has agreed to treat the city's
Olympic Well Field's drinking water to appropriate regulatory standards;
Boeing makes no admission of liability under this agreement. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, O'Day, Holbrook,
Mayor Pro Tern Davis
NOES: None
ABSENT: Councilmember O'Connor, Mayor Bloom
1 -B: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) - 2 cases: I case (Claim of Dunn and
Robhana); 1 case.
Motion by Councilmember McKeown, seconded by Councilmember
Shrive r, to approve an execution of Waiver and Tolling Agreement No.
9581 (CCS) with Charles Dunn Capital and Robhana, the owners of
properties located at 71t Colorado, and 1514 7r" Street. The agreement
would provide for tolling the statute of limitations to file a lawsuit based on
their claim for damages and in exchange for that, they would waive
damages claimed from the date the claim was filed and until termination of
the agreement. This basically places a standstill agreement in place while
both parties try and figure out the JSM unwind. The motion was approved
by the following vote:
AYES: Councihnembers Shriver, O'Day, Holbrook, McKeown
Mayor Pro Tem Davis
NOES: None
ABSENT: Councilmember O'Connor, Mayor Bloom
1 -C: 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 heard with no
reportable action taken.
1 -1): Conference with Legal Counsel —Existing Litigation: Dellarosa
v. City of Santa Monica, Los Angeles Superior Court Case Number SC
111122.
2 May 8, 2012
Motion by Councilmember Shriver, seconded by Councilmember
McKeown to approved settlement Agreement No. 9582 (CCS) in the
amount of $60,000, for a trip and fall accident.
AYES: Councilmembers McKeown, O'Day, Holbrook, Shriver
Mayor Pro Tem Davis
NOES: None
ABSENT: Councilmember O'Connor, Mayor Bloom
1 -E: Conference with Real Property Negotiator
Property: 1338 -42 Fifth Street
1323 Fifth Street
City Negotiator: Andy Agle, Dir., Housing and Econ. Dev.
Under Negotiation: Interest in Real Property
Owner of Record: City of Santa Monica
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -F: Public Employee Evaluation.
Title of Employees: City Attorney, City Manager
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
SPECIAL AGENDA 2 -A: Proclamation declaring May 20 -May 26, 2012 National Public
ITEMS: Works Week, was presented by Mayor Pro Tem Davis to the Director of
Public Works, Martin Pastucha.
2 -B: Acknowledgement— Fire Department Class 1 Designation, was
presented by Fire Chief Scott Ferguson.
2 -C: Proclamation declaring the month of May 2012, Building and
Safety Month, was presented by Mayor Pro Tem Davis to Building
Officer, Ron Takiguchi.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joy Fullmer and Jerry Rubin commented on various
Councilmember Shriver was Consent Calendar items.
excused at 7:13 p.m.
Motion by Holbrook, seconded by Councilmember McKeown, to approve
the Consent Calendar, reading resolutions by title only and waiving further
reading thereof. The motion was approved by the following vote:
May 8, 2012
AYES: Councilmembers Shriver, Holbrook, O'Day,
Mayor Pro Tern Davis
NOES: None
ABSENT: Councilmember O'Connor, Councilmember Shriver,
Mayor Bloom
AXLE ASSEMBLY 3 -A: Rear Axle Assembly Services — recommendation to award Bid No.
REPAIR AND REBUILD 3084 to Truck Gears Inc. (TGI), in the amount of $90,000 for rear and front
axle assembly repair and rebuild services for a term of one year, with two
additional one -year renewal options, was approved.
BUS WASH 3 -B: Purchase of Bus Wash —recommendation to award Bid #3076 to
DeltaGreen, in the amount of $300,000, for the purchase and delivery of
bus wash for a three -year term, was approved.
HARDWARE AND 3 -C: Purchase of Hardware and Software Technology —
SOFTWARE recommendation to authorize the purchase of hardware and software
TECHNOLOGY technology from the following vendors: CDW in an amount not to exceed
$700,000; EnPointe in an amount not to exceed $500,000; and, Nth
Generation in an amount not to exceed $300,000 for FY's 2011/12 and FY
2012/13, was approved.
SEATTLE FARM BILL 3 -D: Adoption of Resolution No. 10676 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SUPPORTING THE SEATTLE FARM BILL PRINCIPLES
AND SUSTAINABLE FARMS AND FOOD SYSTEMS," was adopted.
SB 1066 3 -E: Consideration of Support for Senate Bill 1066 (Lieu) —
recommendation to support Senate Bill 1066 (Lieu) which would allow the
California Coastal Conservancy to engage in projects that address climate
change impacts to coastal resources and urban waterfronts, was approved.
STUDY SESSION:
4 -A: Santa Monica Airport Campus Phase II Public Process
Findings — recommendation to review and comment on the results of the
AIRPORT VISIONING
Santa Monica Campus Phase II Public Process; provide guidance to staff
PROCESS
on Phase III; and, direct staff to proceed with the Airport visioning process,
including guidance on the Airport Commission conducting two workshops
Councilmember Shriver
during Phase I1I, was presented.
returned at 7:1 7 p. m.
Daniel Iacofano from MIG Consulting firm presented the results from the
Airport Phase 11 Visioning public process, and City Attorney Marsha
Moutrie explained legal issues and challenges from past to present.
Mayor Bloom arrived at Members of the public Bill Rosenthal, Michael Broadsky, Martin Rubin,
8:01 p.m. John Machtinger, Jerry Rubin, Vivien Flitton, Robert Rigdon, Kathy
May 8, 2012
Knight, Joanne Curtis, Lorraine Sanchez, Zina Josephs, Carol Babeh,
Marianne Parker Brown, Michelle Perrone, Mike Salazar, Marcy
Winograd, Lisa Hughes, Rob Nukes, Sergey Ryazantsev, Anne Hawthorne,
Val Davidson, Denise Barton, Nathan Court, Laura Silagi, Anne
Eggebroten, Ingrid Mueller, Charles Rollins, John Murdock, Noah
Blaustein, Edward McQueeney, Andrew Gledwill, and Ellen Hawwan,
spoke in opposition of the airport staying open past 2015; opposed flight
schools and the city subsidizing them to go elsewhere; and, expressed
concerns about the health, safety, welfare of residents and the pollution
hazards that threaten the surrounding neighborhoods.
Members of the public David Goddard, Walter Davie, Cathy Larson, Bill
Dunn, Ted Winterer, Charles Griffin, and Offer Grossman, commented and
gave recommendations for alternatives, if the airport remains opens.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to add a sixth point to the recommendation to direct staff to explore and
define the city's legal rights if and as they exist to close the airport, if the
identified problems cannot be negotiated.
Motion to amend by Mayor Pro Tem Davis, to add a seventh bullet point to
the recommendation: to work with the state and federal governments as
well as private institutions to evaluate the health impacts of the airport.
The motion was accepted as friendly by the maker.
Discussion ensued on the information presented and public comment
related to the Airport including, but not limited to: negotiate mitigations to
enhance the airport; subsidize flight schools to move to other local airports;
use political muscle by joining forces with other cities such as the City of
Los Angeles, Brentwood, etc., to exchange ideas for the airport; include the
profitability of the airport; survey good practices at other airports to see
what they have done to give themselves more control of their local airports;
examine the types of leases currently at the airport; in this upcoming phase,
work better with the community to provide accurate information; and to
research for any unintentional consequences as a result of the airport
closing.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the original motion including the friendly amendment. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, O'Day, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor
May 8, 2012
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2399 (CCS)
HEARING EXAMINERS entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
FOR PERSONNEL OF SANTA MONICA EXPANDING THE OPTIONS FOR PROVIDING
APPEALS HEARING EXAMINERS TO DECIDE PERSONNEL APPEALS," was
presented.
There was no one present for public comment.
Motion by Councilmember O'Day, seconded by Councilmember
McKeown, to Ordinance No. 2399 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown,
Chair Pro Tern Davis, Chair Bloom
NOES: None
ABSENT: Councilmember O'Connor
STAFF ITEMS:
8 -A: Issuance of General Obligation Refunding Bonds and Wastewater
Refunding Revenue Bonds — recommendation adopt Resolution
INSSUANCE OF
No. 10674 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
REFUNDING BONDS
OF THE CITY OF SANTA MONICA PROVIDING FOR THE ISSUANCE
OF ITS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 (
(LIBRARY IMPROVEMENT PROJECT) IN THE PRINCIPAL AMOUNTI
NOT TO EXCEED THIRTEEN MILLION DOLLARS ($13,000,000) ";
adopt Resolution No. 10675 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE ISSUANCE OF CITY OF SANTA MONICA WASTEWATER
Councilmember Holbrook
REFUNDING REVENUE BONDS SERIES 2012A, APPROVING THE
was excused at 10:26p. m.
EXECUTION AND DELIVERY OF A SUPPLEMENTAL INDENTURE
AND A BOND PURCHASE AGREEMENT AND THE PREPARATION
OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED
THERETO'; and appropriate budget increases, was presented.
Member of the public Denise Barton spoke in opposition of the
recommendation.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
adopt Resolution No. 10674 (CCS) reading by title only, and waiving
fmrther reading thereof, and approve the recommendation. The motion was
approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Shriver,
Chair Pro Tern Davis, Chair Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor
6 May 8, 2012
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
adopt Resolution No. 10675 (CCS) reading by title only, and waiving
further reading thereof, and approve the recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Shriver, O'Day, McKeown,
Chair Pro Tem Davis, Chair Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve appropriation of budget increases. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, O'Day, Shriver,
Chair Pro Tem Davis, Chair Bloom
NOES: None
ABSENT: Councilmembers Holbrook, O'Connor
SUSTAINABLE CITY 8 -B: Recommendation to approve the addition of Arts and Cultural
PLAN ADDITION Goal Area to the Sustainable City Plan, was presented.
There was no one present for public input.
Motion by Councilmember Shriver, seconded by Mayor Pro Tem Davis, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Shriver, O'Day, McKeown,
Chair Pro Tem Davis, Chair Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Holbrook
ITEM WITHDRAWN 8 -C: School District Master Facilities Use Agreement—
recommendation to review and approve the recommendations to the
Adjustment Conference Committee; and authorize the City Manager to
negotiate and execute a Master Facilities Use Agreement and supplemental
agreements with the Santa Monica - Malibu Unified School District for an
initial term of 10 years (ending June 30, 2022).
This item was withdrawn at the request of staff.
PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Proposed FY2012 -13 One -
Year Action Plan Allocating Federal Community Development Block
CDBG AND HOME Grant (CDBG) and HOME Investment Partnership Act Program
GRANT FUNDS (HOME) Entitlement Grant Funds — recommendation to hold a public
7 May 8, 2012
hearing, receive public comment, and approve the Proposed FY 2012 -13
One -Year CDBG and HOME Action Plan; and authorize the City Manager
to submit all documents required to receive the City's annual CDBG and
HOME entitlement grant funds to the U.S. Department of Housing and
Urban Development, was presented.
Members of the public Denise Baton and Catherine Eldridge spoke on
various aspects of the recommendation.
Motion by Councilmember Shriver, seconded by Mayor Pro Tent Davis, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Shriver, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Holbrook
RESOLUTIONS:
11 -A: Amendment of Preferential Parking Zones GG and MM —
recommendation to amend Zone GG to include Michigan Ave. between 7th
PREFERENTIAL
Street and Lincoln Blvd; amend the existing regulations in Zone GG;
PARKING ZONES GG
amend Zone MM to include Peal Street between Lincoln Blvd. and 10th
AND MM
Street; and, adopt Resolution No. 10677 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
Councilmember Holbrook
MONICA AMENDING PREFERENTIAL PARKING ZONES GG AND
returned at 10: 44 p. m.
MM, AND AMENDING RESOLUTION 9344 "PREFERENTIAL
PARKING ZONES" CCS BY REPLACING EXHIBIT A, was presented.
Members of the public Pamela Cain, Hans Habeubeck, and Brian Lee
expressed concerns about the recommendation.
Discussion ensued on the merits of the recommendation and staff answered
questions from Council regarding the various Preferential Parking zones.
Motion by Councilmember Holbrook, seconded by Councilmember O'Day,
to adopt Resolution No. 10677 (CCS), reading by title only, and waiving
further reading thereof, and approve the recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown,
Chair Pro Tern Davis, Chair Bloom
NOES: None
ABSENT: Councilmember O'Connor
May 8, 2012
COUNCIL DISCUSSION 13 -A: Appointment to one unscheduled vacancy on the Housing
ITEMS: Commission for a term ending June 30, 2014, was presented.
HOUSING COMMISSION
There was no on present for public comment.
The Mayor opened the floor for nominations to one vacancy on the
Commission.
Councilmember McKeown, nominated Joanne Leavitt.
Mayor Bloom, nominated Lauren Block.
On a vote of the Council, Ms. Leavitt was appointed by the following vote:
Leavitt: Councilmembers Shriver, Holbrook, O'Day, McKeown,
Mayor Pro Tern Davis
Block: Mayor Bloom
Mayor Bloom requested to change his vote to Ms. Leavitt, thereby
appointing Ms. Leavitt by acclamation, with Councilmember O'Connor
absent.
PERSONNEL BOARD 13 -B: Appointment to one unscheduled vacancy on the Personnel
Board for a term ending on June 30, 2014, was presented.
There was no on present for public comment.
The Mayor opened the floor for nominations to one position on the Board.
Councilmember McKeown, nominated Lael Rubin.
Mayor Pro Tern Davis, nominated Elliot Gordon.
Councilmember Shriver, nominated Phillip Tate.
On a vote by Council, no one received a majority of votes as follows:
Rubin: Councihnember McKeown
Gordon: Councilmember O'Day, Mayor Pro Tern Davis
Tate: Councilmembers Holbrook, Shriver, Mayor Bloom
The Mayor called for another vote:
Phillip Tate was appointed by the following vote:
Tate: Councilmembers Holbrook, Shriver, O'Day, Mayor Bloom
Gordon: Mayor Pro Tern Davis
Rubin: Councilmember McKeown
On a vote of Council, Phillip Tate was appointed to the Personnel Board,
May 8, 2012
with Councilmember O'Connor absent.
SOCIAL SERVICES 13 -C: Appointment to one unscheduled vacancy on the Social Services
COMMISSION Commission for a term ending on June 30, 2014, was presented.
There was no on present for public comment.
The Mayor opened the floor to nominations to one position on the
Commission.
Mayor Bloom, nominated Erin Hand. There being no other nominations,
Ms. Hand was appointed, by acclamation, with Councilmember O'Connor
absent.
BUILDING & TIRE -LIFE 13 -1): Appointment to two vacancies on the Building and Fire -Life
SAFETY COMMISSION Safety Commission or terms ending on June 30, 2016, was presented.
There was no on present for public comment.
The Mayor opened the floor to nominations to two positions on the
Commission.
Motion by Councilmember Holbrook, nominated James Bagnell and Stuart
Tom. There being no other nominations, Mr. Bagnell and Mr. Tom were
appointed, by acclamation, with Councilmember O'Connor absent.
BUILDING & FIRE -LIFE 13 -E: Appointment to one unscheduled vacancy on the Building and
SAFETY COMMISSION Fire -Life Safety Commission for a term ending on June 30, 2013, was
presented.
On order of the Mayor, this item was continued to a future meeting.
AIRPORT COMMISSION 13 -17: Request to declare Eugene Richard Brown's seat on the Airport
Commission vacant and authorize the City Clerk to publish the
vacancy, was presented.
There was no on present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the recommendation, with sorrow. The motion was
unanimously approved by voice vote, with Councilmember O'Connor
absent.
STATUS ON THE 13 -G: Recommendation to accept Sarah Stegemoeller's resignation
COMMISSION OF from the Commission on the Status of Women and authorize the City
WOMEN Clerk to publish the vacancy, was presented.
10 May 8, 2012
There was no on present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the recommendation, with regret. The motion was unanimously
approved by voice vote, with Councilmember O'Connor absent.
PUBLIC INPUT: Members of the public Denise Barton, Joseph Teixeira, and Charles Griffin
commented on various local issues.
On order of the Mayor, the City Council meeting was adjourned at 11:30
p.m. in memory of Pamela D. Zierenberg and Michael Griswold.
ATTEST:
APPROVED:
PiWX a —�
Denise Anderson - Warren Richard Bloom
Assistant City Clerk Mayor
11 May 8, 2012