M-072412CITY COUNCIL MINUTES
JULY 24, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:39 p.m., on
Tuesday, July 24, 2012, 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
Absent: Councilmember Bobby Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutric
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:39 p.m., with Council-
member Sluiver absent. City Clerk Maria Stewart led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS 1 -A: Public Employee Recruitment.
Title: City Clerk
Mayor Bloom reported that this item was heard with no reportable action taken.
I -B: Conference with Legal Counsel - Anticipated Litigation: Anticipate
significant exposure to litigation pursuant to Government Code Section
54956.9(b): Village Trailer Park.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -C: Conference with Legal Counsel— Existing Litigation: Rasmussen v.
City of Santa Monica, Los Angeles Superior Court Case Number SC
112142.
City Attorney Marsha Moutrie recommended Settlement No. 9615 (CCS) in the
amount of $325,000 for a pit -bull bite accident at Memorial Park,
July 24, 2012
Motion by Councilmember McKeown, seconded by Councilmember O'Day, in
approve proposed settlement. The motion was approved by the following voj
I
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
1 -D: Conference with Legal Counsel — Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9(c): 2 cases.
City Attorney Marsha Moutrie reported that this item was not heard.
1 -E: Conference with Legal Counsel —Existing Litigation: Yumiba v.
City of Santa Monica, Los Angeles Superior Court Case Number SC
111490.
City Attorney Marsha Moutrie recommended Settlement No. 9616 (CCS) in the
amount of $50,000, for injuries due to a Big Blue Bus accident.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to
approve proposed settlement. The motion was approved by the following voI
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
1 -F: Conference with Legal Counsel — Existing Litigation: Maxwell v.
City of Santa Monica, Los Angeles Superior Court Case Number SC
102241.
City Attorney Marsha Moutrie recommended Settlement No. 9617 (CCS) in the
amount of $162,500 for injuries received from a trip and fall case.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to
approve proposed settlement. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
2 July 24, 2012
CONSENT CALENDAR: There being a Consent Calendar each for the City Council and the
JOINT MEETING Redevelopment Successor Agency, on order of the Mayor, and with consensus
of the Councihnembers, the Council convened to a joint meeting with the
Redevelopment Successor Agency at 6:53 p.m., and the two Consent Calendars
were heard concurrently, with Agency /Councilmember Shriver absent.
Members of the public Joey Fullmer and Denise Barton commented on various
Consent Calendar items.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Agency /Councilmember McKeown, seconded by Agency/
Councilmember O'Dav, to approve the Consent Calendar, reading resolutions
by title only and waiving further reading thereof. The motion was approved by
the following vote:
AYES: Agency /Councilmembers McKeown, O'Day, Holbrook,
O'Connor, Chair /Mayor Pro Tern Davis, Chair/Mayor Bloom
NOES: None
ABSENT: Agency /Councilmember Shriver
SAFE SCHOOL ROUTES 3 -A: Design services for safe school routes to Santa Monica High School—
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9618 (CCS) with Ryan Snyder Associates, in the amount of
$160,000, to provide safe routes to school grant - funded design services for
improvements at and around Santa Monica High School, was approved.
WATER 3 -13: City's water infrastructure supplies and repair parts—
INFRASTRUCTURE recommendation to award Bid No. 3094 to S &J Supply Company, in the
amount of $250,000 per year with two one -year renewal options, to purchase
and deliver water supplies and repair parts for the City's water infrastructure,
was approved.
VEHICLE BATTERIES 3 -C: Purchase of heavy duty vehicle batteries —recommendation to award
Bid no. 3091 to Valley Power Systems, in the amount of $120,000, with two
one -year renewal options, to purchase and deliver heavy duty batteries for City
vehicles, was approved.
BARGAINING UNITS 3 -D: Resolution No. 10701, entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDA OF UNDERSTANDING NOS. 9619 (CCS), 9620 (CCS),
AND 9621 (CCS) WITH THE MANAGEMENT TEAM ASSOCIATES, THE
PUBLIC ATTORNEY'S UNION, THE PUBLIC ATTORNEY'S LEGAL
SUPPORT STAFF UNION AS WELL AS A REVISED EXECUTIVE PAY
PLAN," was adopted.
July 24, 2012
RETIREMENT BENEFITS 3 -E: Resolution No. 10697 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE A SIDE LETTER OF AGREEMENT WITH THE CITY'S
MISCELLANEOUS (NON- SAFETY) BARGAINING UNITS PERTAINING
TO RETIREMENT BENEFITS," was adopted.
OBLIGATION PAYMENT 3 -F: Former Redevelopment Agency's Recognized Obligation Payment
SCHEDULE & HOUSING Schedule and Housing Administrative Budget — recommendation that the
ADMINISTRATIVE City Council and the Redevelopment Successor Agency adopt respective
BUDGET Resolution Nos. 10698 (CCS) and 9 (SA) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING AND ADOPTING THE
HOUSING BUDGET FOR THE PERIOD JANUARY 2013 -JUNE 2013,
INCLUSIVE "; and that the Redevelopment Successor Agency adopt Resolution
No. 10 (SA) entitled: "A RESOLUTION OF THE REDEVELOPMENT
SUCCESSOR AGENCY APPROVING AND ADOPTING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JANUARY
2013 -JUNE 2013," was approved.
ADJOURNMENT OF On order of the Chair/Mayor the joint meeting with the Redevelopment
JOINT MEETING Successor Agency was adjourned at 7:01 p.m. and the regular meeting of the
City Council was reconvened, with Councilmember Shriver absent.
ADMIN. ITEMS: 6 -A: Appeal of denied designation as a City Landmark of building
LANDMARKS APPEAL - located at 1550 5th Street, 1554 -58 5th Street and 417 Colorado Avenue
WITHDRAWN recommendation to deny the appeal and uphold the decision of the Landmar
Commission to deny the designation of the Goodrum and Vincent building and
its parcel, located at 1550 5`h, 1554 -58 5" Street and 417 Colorado Avenue as a
City Landmark, was withdrawn.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2403 (CCS) entitled:
PARKING AND PARKING "AN ORDINANCE OF THE CITY OF SANTA MONICAMODIFYING
RATES VARIOUS SECTIONS OF THE MUNICIPAL CODE RELATED TO THE
GENERALLY APPLICABLE CIVIL PENALTY FOR PARKING
VIOLATIONS, PUBLIC PARKING LOTS, CAR SHARE PARKING,
PREFERENTIAL PARKING ZONES, PREFERENTIAL PARKING FOR
EMPLOYEES OF BUSINESS, TRAFFIC REGULATIONS, PARKING
METERS, AND CITY -OWNED PARKING FACILITIES," was presented.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to
adopt the ordinance, reading by title only and waiving further reading thereof,
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
4 July 24, 2012
TAXICAB 7 -B: Second reading and adoption of Ordinance No. 2404 (CCS) entitled:
ADMINISTRATIVE "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CITATION MUNICIPAL CODE CHAPTER 6.49 REGARDING TAXICABS AND
REGULATIONS SECTION 6.16.030 REGARDING THE HEARING PROCEDURE FOR
ADMINISTRATIVE APPEALS," was presented.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis, to
adopt the ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
SECOND HAND 7 -C: Second reading and adoption of an ordinance amending Chapter
SMOKING PROTECTION 4.44 of the Municipal Code on smoking to expand protections from second-
hand smoke in multi -unit residential properties, was presented.
Motion by Councilmember Holbrook, seconded by Councilmember O'Connor,
to adopt the ordinance, reading by title only and waiving further reading thereof.
Substitute motion by Mayor Pro Tem Davis, seconded by Mayor Bloom, to
direct staff to return with the original report that generated the second reading of
the ordinance, to consult with all the various constituents including the medical
marijuana advocates, condominium owners, homeowners associations, landlord
groups, and others regarding the effect this ordinance may have or may have
had on their rights; and, that staff return with the proposal that originally
generated this item.
Discussion ensued on the motion including but not limited there needing to be
further discussions related to medical marijuana use, more public input on
interaction between condominium and apartment owners, and the designation of
vacant units as smoking or non - smoking:
The substitute motion failed by the following vote
AYES: Councilmember McKeown, Mayor Pro Tern Davis,
Mayor Bloom
NOES: Councilmembers O'Connor, Holbrook, O'Day
ABSENT: Councilmember Shriver
After discussion, Councilmember O'Connor withdrew her second from the main
motion. Councilmember O'Day seconded the main motion. The main motion
failed by the following vote:
July 24, 2012
AYES: Councilmembers O'Day, Holbrook,
NOES: Councilmembers McKeown, O'Connor, Mayor Pro Tem Davi�
Mayor Bloom
ABSENT: Councilmember Shriver
Motion by Mayor Bloom, seconded by Mayor Pro Tem Davis, to direct staff to
bring back the original staff report accompanying the ordinance for first reading,
along with consideration of all the comments that have been made during this
discussion. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember O'Connor
ABSENT: Councilmember Shriver
RAND CORPORATION 7 -1): Introduction for first reading of an ordinance approving the first
amendment to the Development Agreement between the City and the Rand
Corporation to authorize the conversion of a portion of Parking Level PI
into primarily office uses, was presented.
Member of the public Jerry Rubin spoke in support of the project.
Iao Katigiri, representing Appellant, presented and spoke in support of the
project.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to
introduce ordinance for first reading, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmember McKeown, O'Day, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
2930 COLORADO 7 -E: Development Agreement, including Tenant Relocation Plan and
AVENUE Tentative Tract Map, to allow conversion of a mobilehome park into a
mixed use project of 438 residential units, up to 5,080 square feet ground
floor creative office space and 20,860 square feet of ground floor
neighborhood - serving retail at 2930 Colorado Avenue - recommendation to
adopt a resolution certifying the Environmental Impact Report; a resolution
adopting the Mitigation Monitoring Program and Statement of Overriding
Conditions; and, introduce and hold first reading of an ordinance approving the
Development Agreement between the City, and Village Trailer Park LLC, a
California Limited Liability Company, and Village Trailer Park Inc., a
California corporation (as Tenants -in- Common), was presented.
6 July 24, 2012
Applicant Mark Luzzato presented the project and spoke in support of his
proposed development.
CONSIDERING ITEMS On order of the Mayor, the City Council tabled Item 7 -E temporarily, at 8:42
OUT OF ORDER p.m., to hear Items 8 -A and 9 -A, and returned to this matter at 8:50 p.m., to
continue with the public hearing.
The following members of the public spoke in support of allowing residents to
stay in their mobile homes on the property for the proposed project: Richard
Hilton, Mark Martinez, Dave Polka, Calvin Normore, Andrew Hoyer, Tom
Francis, Ellen Hanna, Sabrina Venskos, Ron Goldman, David Latham, Nancy
Morse, Paul Barley, Tyler Craft, Gloria Garvin, Loretta Newman, Jeanne
Laurie, Andrew Zavala, David, Valerie Griffin, Jim Coleman, Stephanie
Romero, Maurice Priest, Louise Steiner, Marc Sanschagrin, Peta Orback,
Denise McGranahan, Kathy Knight, Alex Bhavori, Emanuela Boni, Rana
Kirkland, David Engelberg, Catherine Eldridge, John Tarbet, Cris McLeod
Carolyn Gray, Gavin Laurence, Sharon Emery, Michael Tarbet, Jennifer Peter,
Walter Rossner, Roberta Goldman, Roberto Gomez, Zina Josephs, Linda Piera
Avila, Lorraine Sanchez, Christel Andersen, Frances Campbell, Brenda Barnes,
Ellen Brennan, and Lenore Marrell.
The following members of the public spoke in support of the proposed project:
Helen Wickman, Alex Bhavori, Rana Kirkland, Patricia Lobo, Maka Toskovic,
Stacy Person, Matt Landstrom, Sebastian Offer, Aisha Eifort, Maxwell Baldi,
Michelle Suptek , John Musero, John Tzadiki, Jason Berssman, Yael Lustmann,
Jeff Rappaport, Elizabeth Jaroz, Jeanine Harrington, Jerry Rubin, Maryanne
LaGuardia, Daniel Westcott and Dan Bliss.
Planning Commissioners Ted Winterer and Richard McKinnon, representing the
Planning Commission discussed the Commission's decision, reasoning, and
concerns related to the project.
The following members of the public spoke in opposition to the design and
impact of the proposed project: Cris Gutierrez, Gregg Heacock, and Curtin
Raynor.
Applicant Mark Luzzato provided a rebuttal to the public comments made and
spoke in support of the proposed project.
On order of the Mayor, the public hearing was closed. Discussion ensued on the
lateness of the hour and the time needed by Council to ask questions and
deliberate on this matter. After considerable discussion, the following motion
was made:
July 24, 2012
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, t�
continue this matter to the meeting of August 28th. The motion was
unanimously approved by voice vote, with Councilmember Shriver absent.
STAFF ITEMS: 8 -A: Proposed ballot measure to amend provisions of the City Charter
RENT CONTROL Related to altering the method of making the annual Rent Control
BALLOT MEASURE adjustment to rent ceilings — recommendation to adopt Resolution No. 10699
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS A MEASURE PROPOSING TO AMEND
THE RENT CONTROL CHARTER PROVISIONS RELATED TO THE
COMPUTATION OF THE ANNUAL ADJUSTMENT TO RENT CEILINGS
AND AUTHORIZING COUNCILMEMBERS TO FILE WRITTEN
ARGUMENTS FOR OR AGAINST THE PROPOSITION AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
THE MEASURE"; and adopt Resolution No. 10700 (CCS) ENTITLED: "A
RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE
BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO
CONSOLIDATE THE ELECTION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON NOVEMBER 6,2012," was presented.
Member of the public Christopher Walton spoke in support of the proposed
measure.
Motion by Councilmember McKeown, seconded by Councilmember O'Day,
adopt the resolutions, reading by title only and waiving further reading thereo .
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
On order of the Mayor, and with the consensus of Council, Councilmember
O'Connor was designated to write the argument in favor of the measure.
For the record, City Clerk Stewart noted the deadline for submitting arguments
as August 7tH, and the deadline for submitting rebuttals as August 14tH
PUBLIC HEARINGS: 9 -A: Public Hearing and approval of the Stormwater Parcel Reports and
STORMWATER Stormwater Management User Fees, and Clean Beaches and Ocean Parcel
REPORTS Taxes for Fiscal Year 2012 -13 — recommendation to approve the 2012
Stormwater Parcel Reports pursuant to the California Health and Safety Code,
and Stormwater Management User Fees and Clean Beaches and Ocean Parcel
Taxes for Fiscal Year 2012 -13, was presented.
There was no one present for public comment.
July 24, 2012
Motion by Councilmember Holbrook, seconded by Councilmember O'Connor,
to approve recommendation. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
13 -A: Appointment to one unscheduled vacancy on the Building and Fire -
Life Safety Commission for a term ending on June 30, 2013.
On order of the Mayor, this item was continued to a fixture meeting.
LEAGUE OF 13 -B: Designation of voting delegate and alternate for the League of
CALIFORNIA CITIES California Cities 2012 Annual Conference scheduled for September 5 — 7 in
San Diego, CA.
MEASURE V CITIZENS
OVERSIGHT
COMMITTEE
Annual Appointments
With the consensus of Council, on order of the Mayor, Councilmember Shriver
was designated as the City's voting delegate.
13 -C: Appointment to one unscheduled vacancy on the Measure V
Citizens Oversight Committee for a term ending on December 31, 2012.
On order of the Mayor, this item was continued to a future meeting.
13 -D: Annual Appointments to the following Boards and Commission:
Board /Commission
No. of Term Ending
Appts.
Airport Commission
1
Architectural Review Board
2
Arts Commission
6
Building and Fire -Life Safety
2
Commission for the Senior Community
2
Commission on the Status of Women
2
Disabilities Commission
3
Downtown Santa Monica
3
Housing Commission
1
Landmarks
2
Library Board
1
Personnel Board
1
Planning Commission
2
Recreation and Parks Commission
3
Social Services Commission
2
6/30/2016
6/30/2016
6/30/2016
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6/30/2016
6/30/2016
6/30/2016
6/30/2016
6/30/2016
6/30/2016
6/30/2016
6/30/2017
6/30/2016
6/30/2016
6/30/2016
9 July 24, 2012
On order of the Mayor, this matter was continued to a future meeting.
COMMISSION ON THE 13 -E: Appointment to one unscheduled vacancy on the Commission on
STATUS OF WOMEN Status of Women for a term ending June 30, 2013.
On order of the Mayor, this matter was continued to a future meeting.
COUNCIL 13 -17: Request of Mayor Bloom, Mayor Pro Tem Davis, and
DISCRETIONARY FUNDS Councilmember O'Day, that the City Council approve an allocation of
Council discretionary funds to the not - for - profit organization Grades of
Green in the amount of $7,500 to make John Muir Elementary School and
Santa Monica Alternative Schoolhouse the pilot campus in Santa Monica
for their innovative programs for trash reduction, recycling, and
composting, was presented.
PUBLIC INPUT:
ADJOURNMENT
Member of the public Denise Barton spoke in opposition to the request.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve request. The motion as approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
Members of the public Denise Barton, Cris Gutierrez and John Foster
commented on various local items.
On order of the Mayor, the City Council meeting was adjourned at 1:12 a.m. in
memory of Brenda Ridley and Louisa Fish.
ATTEST:
Maria M. Stewart
City Clerk
APPROVED:
QR Bloom
Mayor
10 July 24, 2012