M-071012CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 10, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:37 p.m., on
Tuesday, July 10, 2012, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 8:51 p.m.)
Councilmember Terry O'Day
Councilmember Bobby Shriver (arrived at 6:15 p.m.)
Absent: Mayor Pro Tem Gleam Davis
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 5:37 p.m., with
Councilmembers Shriver, O'Connor, and Mayor Pro Tem Davis absent.
Councilmember O'Day led the assemblage in the Pledge of Allegiance.
TABLING OF AGENDA The City Manager announced that based on feedback from the public, both
ITEM 8 -C local and from surrounding communities, staff was requesting that the item
listed as 8 -C related to Flight Training Reduction Incentive Test Program,
be tabled indefinitely.
Motion by Councilmember Holbrook, seconded by Councilmember O'Day,
to table Item 8 -C indefinitely. The motion was unanimously approved by
voice vote, with Councilmembers Shriver, O'Connor, and Mayor Pro Tem
Davis absent.
CLOSED SESSIONS There were no members of the public present for public comment.
Councilmember Shriver On order of the Mayor, the City Council recessed at 5:39 p.m., to consider
arrived at 6:15 p.m. closed sessions and returned at 6:35 p.m., with Councilmember O'Connor
and Mayor Pro Tem Davis absent, to report the following:
July 10, 2012
1 -A: Conference with Legal Counsel — Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9(c): 1 case
The City Attorney reported this matter was heard and no reportable action
was taken.
SPECIAL ITEMS: 2 -A: Acceptance of Champion Award to the City from Southern
California Edison and the Southern California Association of
Governments.
Representatives from the Southern California Association of Governments
and Southern California Edison presented the Mayor and City Council with
the "Champion Award" for its significant efforts to meet the needs of the
community, in Electric Vehicle policies and programs.
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 Denise Barton commented on
various Consent Calendar items.
Motion by Councilmember McKeown, seconded by Councilmember
O'Day , 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 Shriver, Holbrook, O'Day, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis
WINDWARD SCHOOL 3 -A: Windward School Well Relocation Agreement —
WELL RELOCATION recommendation to authorize the City Manager to: negotiate and execute an
amendment to Agreement No. 8892(CCS) with Black and Veatch
Construction, Inc., in the amount of $392,235 for the Relocation Project, in
the amount of $62,096,354; negotiate and execute Professional Services
Agreement No. 9611 (CCS) with Richard C. Slade & Associates (RCS) in
the amount of $79,640 for hydrogeological observation and inspection
services; and, approve budget changes, was approved.
COMMUNITY ENERGY 3 -B: Agreement for Community Energy Efficiency Project
EFFICIENCY PROJECT Management System — recommendation to authorize the City Manager to
negotiate and execute Professional Services Agreement No. 9612 (CCS)
with Vitasys, Inc. in the amount of $150,000 to develop a web -based
database of energy efficiency incentive information, was approved
July 10, 2012
3 -C: Resolution authorizing actions related to Applications and
Acceptance of Proposition 1B Bond funds - recommendation to adopt
Resolution No. 10692 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO:
SUBMIT A GRANT APPLICATION AND TO EXECUTE
AGREEMENTS IN FURTHERANCE OF TRANSIT SECURITY
PROJECTS FOR THE BIG BLUE BUS; ADOPT RESOLUTION NO.
10691 (CCS) AUTHORIZING THE EXECUTION OF
CERTIFICATIONS AND ASSURANCES FOR THE PUBLIC
TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND
SERVICE ENHANCEMENT ACCOUNT BOND PROGRAM;
AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE NON - FINANCIALLY BINDING DOCUMENTS
ASSOCIATED WITH THESE GRANT FUNDS," and, appropriate funds,
was approved.
PICO BRANCH LIBRARY 3 -1): Pico Branch Library Contract Modification — recommendation
to authorize the City Manager to negotiate and execute a fifth modification
to Professional Services Agreement No. 9180 (CCS) in the amount of
$85,348 with Koning Eizenberg Architects, to provide additional scope of
work to complete the Pico Branch Library Project, for a total contract
amount of $967,938, was approved.
1920 OCEAN WAY 3 -E: Disposition of City -Owned Property at 1920 Ocean Way —
recommendation to adopt Resolution No. 10693 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA REJECTING ALL
OFFERS FOR THE PURCHASE OF 1920 OCEAN WAY AND
DECLARE AND DETERMINE THAT SUCH REAL PROPERTY MAY
BE SOLD IN THE OPEN MARKET; AND, AUTHORIZE STAFF TO
NEGOTIATE TO SELL THE CITY -OWNED PROPERTY LOCATED
AT 1920 OCEAN WAY IN THE OPEN MARKET, SUBJECT TO CITY
COUNCIL APPROVAL," was approved.
ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance Modifying
PARKING AND PARKING Sections of Santa Monica Municipal Code Article 3 related to the
RATES Management of Parking and Adoption of a Resolution Setting Public
Parking Rates — recommendation to introduce for first reading an
ordinance modifying SMCC Article 3 related to parking regulations;
approve off - street parking policies for vehicles displaying disabled
placards, including charging vehicles displaying disabled placards in the
Downtown parking structures and in the Civic Center during capacity
events; adopt Resolution No. 10694 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA ESTABLISHING NEW PARKING
EFFECTIVE OCTOBER 1, 2012 AT ALL LOCATIONS EXCEPT
BEACH LOTS WHERE RATES WOULD BE EFFECTIVE NOVEMBER
1, 2012 WITH THE CHANGE TO WINTER RATES, SUBJECT TO THE
July 10, 2012
COASTAL COMMISSION APPROVAL WHERE REQUIRED;"
authorize the City Manager to negotiate and execute Agreement No. 9613
(CCS) with Santa Monica College to provide validated parking for students
attending classes at Emeritus College; and direct staff to continue to use
any incremental increase in General Fund parking revenue over the FY
2009 -10 base year to address traffic, parking, access and circulation; and,
direct staff to study the development of a Parking Enterprise Fund during
FY 2012 -13 and present recommendations as part of the FY 2013 -15
budget, was presented.
Members of the public Debbie Lee, Denise Barton, Laura Owen, Thomas
Madaio, Gary Gordon, Paula Larmore, Diane Jackson and Judy Abdo
commented on the various aspects of the recommendation, expressed
concerns related to the impacts of parking and parking rates and provided
suggestions.
Motion by Councilmember O'Day, seconded by Councilmember
McKeown, 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, Holbrook, O'Day, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis
Motion by Councilmember McKeown. seconded by Councilmember
O'Day, to approve off - street parking policies for vehicles displaying
disabled placards, including charging vehicles displaying disabled placards
in the Downtown parking structures and in the Civic Center during capacity
events. The motion was approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis
Motion by Councilmember Holbrook. seconded by Councilmember
Shrives, to adopt Resolution No. 10694 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA ESTABLISHING NEW PARKING
EFFECTIVE 10/1/12 AT ALL LOCATIONS EXCEPT BEACH LOTS
WHERE RATES WOULD BE EFFECTIVE NOVEMBER 1, 2012 WITH
THE CHANGE TO WINTER RATES, SUBJECT TO THE COASTAL
COMMISSION APPROVAL WHERE REQUIRED," amended to reduce
parking cost for employees of Main Sheet merchants fiom $27 to $20 per
month. The motion was approved by the following vote:
4 July 10, 2012
AYES: Councilmembers O'Day, Holbrook, Shriver, Mayor Bloom
NOES: Councilmember McKeown
ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis
Councilmember McKeown stated, for the record, that his "no" vote reflects
a concern that the action is contrary to the vehicle miles travel policies and
that over- subsidizing parking can lead to greater traffic congestion.
Motion by Councilmember O'Day, seconded by Councilmember Shriver,
to authorize the City Manager to negotiate and execute Agreement No.
9613 (CCS) with Santa Monica College to provide validated parking for
students attending classes at Emeritus College; and direct staff to continue
to use any incremental increase in General Fund parking revenue over the
FY 2009 -10 base year to address traffic, parking, access and circulation;
and, direct staff to study the development of a Parking Enterprise Fund
during FY 2012 -13 and present recommendations as part of the FY 2013-
15 budget. The motion was approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmember O'Connor, Mayor Pro Tern Davis
TAXICAB ADMINISTRA- 7 -B: Introduction and First Reading of Ordinance to Amend the
TIVE CITATION Administrative Citation Hearing Procedures for Administrative
REGULATIONS Hearings, Taxicab Rule Violation Hearing Procedures, and Resolution
to Update the Administrative Citation Schedule to Add the Schedule of
Fines for Violation of Taxicab Rules and Regulations, was presented.
Councilmember Shriver was There was no one present for public comment.
excused at 8.•27 p. m.
Motion by Councilmember Holbrook, seconded by Councilmember O'Day,
to introduce the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Day, McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmembers Sbriver, O'Connor, Mayor Pro Tern Davis
Councilmember Shriver 7 -C: Introduction and First Reading of an Ordinance Amending
returned at 8 :35 p.m. Chapter 4.44 of the Municipal Code to require Designation and
Disclosure of Smoking Status of Residential Units and to provide
remedies for smoking in all units designated non - smoking, was
presented.
July 10, 2012
Councilmember O'Connor The following members of the public spoke generally in support of the
arrived at 8:50 p.m. recommendation, expressed concerns regarding second -hand smoking, and
provided suggestions: Denise Barton, Statice Wilmore, Marlene Gomez,
Trisha Roth, Esther Schiller, Aurora Zepeda, Divina Sevilla, Bette Shapiro,
Barbara, Carol Riel, Griffin Riel, Robin Sherry, Jennifer Kennedy, Sarah
Letts, Mariana Bension Larkin, Jacqueline Hernandez, and Dean Schwartz.
Motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to introduce the ordinance, amended to change the default of a
vacant unit from undesignated to non - smoking unit, and directing staff to
establish a date certain for getting all units in the City to non - smoking
status.
Considerable discussion ensued on the motion, the merits of the proposed
ordinance, the possible impacts on renters, and the various public concerns
expressed.
Substitute motion by Councilmember O'Day, seconded by Mayor Bloom,
to introduce the ordinance as proposed by staff, amended to direct staff to
conduct outreach and training for tenants and landlords including mediating
disputes, handling discussions, and enforcement options; and also directing
staff to return with a status report, to consider the designation status for
new tenancies and those who don't respond, within one year and at that
time to consider a date certain for existing tenancies. The substitute motion
failed by the following vote:
AYES: Councilmembers O'Day, Holbrook, Mayor Bloom
NOES: Councilmembers McKeown, O'Connor, Shriver
ABSENT: Mayor Pro Tem Davis
The main motion was re- stated and amended to include the direction to
staff given in the substitute motion. The main motion, as re- stated, was
approved by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day, Mayor Bloom
NOES: Councilmembers O'Connor, McKeown
ABSENT: Mayor Pro Tern Davis
STAFF ITEMS: 8 -A: Colorado Esplanade Final Design — recommendation to adopt the
ITEM WITHDRAWN Mitigated Negative Declaration and Mitigation Monitoring Program for the
Colorado Esplanade Project; adopt a resolution amending the Civic Center
Specific Plan to eliminate the Second Street Bridge Extension and to
replace this Policy with the Colorado Esplanade Project Main Street to
Second Street Alignment; and, approve the final design for the Colorado
Esplanade, as proposed, was withdrawn at request of staff.
6 July 10, 2012
CALIFORNIA INCLINE 8 -B: Certification of EIR/EA for California Incline Bridge
BRIDGE REPLACEMENT Replacement Project — recommendation to adopt Resolution No. 10695
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT /ENVIRONMENTAL ASSESSMENT (EIR/EA)FOR THE
CALIFORNIA INCLINE BRIDGE REPLACEMENT PROJECT "; adopt
Resolution No. 10696 (CSS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS AND MITIGATION MONITORING AND
REPORTING PLAN AND MAKING NECESSARY CEQA FINDINGS';
authorize staff to proceed with the development of bidding documents for
construction of the California Incline Project as recommended in the final
EH;/EA; authorize the City Manager to negotiate and execute a
modification to Professional Services Agreement No. 7148 (CCS) with
Wallace, Roberts and Todd, Inc. in the amount of $1,256,000, for project
management, structural, civil, traffic, and geotechnical design services, for
a total contract amount of $2,581,799; and, appropriate budget increases,
was presented.
Members of the public Steven Boyers, Stone Douglass, Dawn Forrester,
Judi Jensen and Adrienne Chardhok commented generally in favor of the
project and in support of a faster completion schedule.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to adopt the resolution certifying the Final FIR, 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 Bloom
NOES: None
ABSENT: Mayor Pro Tem Davis
Motion by Councilmember O' Connor, seconded by Councilmember
Holbrook, to adopt the resolution adopting Statement of Overriding
Considerations and Mitigation Monitoring and Reporting Plan and making
necessary CEQA findings, 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 Bloom
NOES: None
ABSENT: Mayor Pro Tem Davis
July 10, 2012
Motion by Councilmember O'Day, seconded by Councilmember
O'Connor, to authorize the City Manager to negotiate and execute a
modification to Professional Services Agreement No. 7148 (CCS) with
Wallace, Roberts and Todd, Inc. in the amount of $1,256,000, for project
management, structural, civil, traffic, and geotechnical design services, for
a total contract amount of $2,581,799; and, appropriate budget increase.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Bloom
NOES: None
ABSENT: Mayor Pro Tem Davis
FLIGHT TRAINING 8 -C: Flight Training Reduction Incentive Test Program —
REDUCTION - TABLED recommendation that City Council: approve a six -month voluntary flight
training reduction incentive test program at Santa Monica Airport in an
amount not to exceed $90,000 to reimburse flight schools who conduct
repetitive takeoff and landing practice at other area airports during
weekends and federal holidays only; and appropriate budget increases.
As voted upon at the beginning of the meeting, this matter was tabled
indefinitely.
COUNCIL ITEMS: 13 -A: Appointment to seven vacancies on the Urban Forest Task
APPOINTMENTS Force for terms ending June 30, 2015.
On order of the Mayor, the floor was opened for nominations.
Councilmember McKeown nominated Thomas Cleys, Gloria Garvin, Grace
Phillips, Linda Piera- Avila, Lucien Plauzoles, John Cyrus Smith, and Jodi
Summers.
Councilmember O'Connor nominated Thomas Cleys, Victoria Englert,
Grace Phillips Linda Piera - Avila, Lucien Plauzoles, John Cyrus Smith and
David Zuckerman.
Councilmember O'Day nominated Thomas Cleys, Victoria Englert, Gloria
Garvin, Grace Phillips, Linda Piera - Avila, Lucien Plauzoles and John
Cyrus Smith.
Councilmember Holbrook nominated Thomas Cleys, Victoria Englert,
Grace Phillips, Linda Piera- Avila, Lucien Plauzoles, John Cyrus Smith, and
David Zuckerman.
Councilmember Shriver nominated Thomas Cleys, Grace Phillips, Linda
Piera - Avila, Lucien Plauzoles, John Cyrus Smith and David Suckerman.
July 10, 2012
Manor Bloom nominated Thomas Cleys, Victor Englert, Grace Phillips,
Linda Piera- Avila, Lucien Plauzoles, John Cyrus Smith, and David
Zuckerman.
Upon a vote of the Council, the following candidates were appointed:
Thomas Cleys,
6 votes
Victoria Englert
5 votes
Grace Sadye Phillips
6 votes
Linda Piera -Avila
6 votes
Lucien Plauzoles
6 votes
John Cyrus Smith
6 votes
David Zuckerman
4 votes
STATUS OF WOMEN 13 -13: Appointment to one unscheduled vacancy on the Commission
on the Status of Women for a term ending June 30, 2013.
On order of the Mayor, and at the request of the Commission, this matter
was continued to July 24.
PUBLIC INPUT: Member of the public Denise Barton commented on various local issues,
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:21
p.m., in memory of C.R, Roberts.
ATTEST: / APPROVED:
Maria M. Stewart [ 1fi, ) I'Richard
City Clerk Mayor
July 10, 2012