M-081412CITY OF SANTA MONICA
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AUGUST 14, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on
Tuesday, August 14, 2012, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tom Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Pam O'Connor
Councilmember Tony O'Day
Absent: Councilmember Kevin McKeown
Councilmember Bobby Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Denise Anderson- Warren
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with Council-
members McKeown and Shriver absent. Councilmember O'Connor led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment for closed sessions. On order
of the Mayor, the City Council recessed at 5:36 p.m., to consider closed
sessions and returned at 6:52 p.m., with Councilmembers McKeown and
Shriver absent, to report the following:
1 -A: Conference with Legal Counsel —Existing Litigation: Richard
McDonald and Golden State Collective v. City of Santa Monica, Los
Angeles Superior Court Case Number SS 0022090.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
I -B: Conference with Legal Counsel —Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9(c): 2 cases.
August 14, 2012
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -C: Conference with Legal Counsel —Existing Litigation: Finley v.
City of Santa Monica, Los Angeles Superior Court Case Number BS
127077.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
I-D: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): One case (1420 5th Street and 1440 5th
Street).
City Attorney Marsha Moutrie recommended Settlement No. 9624 (CCS)
related to the Craig Jones projects' affordable housing requirements. The
proposed settlement would amend existing settlement agreements and
would allow properties to provide the affordable housing required by the
market rate project permits for 1420 and 1440 5th Street, and 1427 7th
Street. The projects' obligations would be satisfied at properties located at
1650 and 1660 Lincoln, and 1437 50' Street.
Motion by Councilmember O'Connor, seconded by Councilmember
O'Day, to approve the settlement. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
1 -E: 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 -F: Conference with Real Property Negotiator:
Property:
1920 Ocean Way
City Negotiator:
Andy Agle, Dir. Housing & Economic Dev
Under Negotiation:
Price & Terms
Owner of Record:
City of Santa Monica
City Attorney Marsha Moutrie reported that this item was not heard.
August 14, 2012
SPECIAL ITEMS: 2 -A: New City Clerk Sarah Gorman was introduced to staff and the
NEW CITY CLERK community by Mayor Bloom.
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 Zina Josephs
commented on various Consent Calendar Items.
At the request of Mayor Pro Tern Davis, Item 3 -I was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Councilmember
Holbrook, to approve the Consent Calendar except for Item 3 -I, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
MINUTES 3 -A: The minutes for the June 26, July 10, 17, and 24, 2012 City
Council meetings were approved as submitted.
BANKING SERVICES 3 -B: Banking services from Bank of America —recommendation to
authorize the City Manager to negotiate and execute an amendment to
Contract No. 8372 (CCS) with Bank of America, in the amount of $70,000,
to provide banking services on a month to month basis through no later
than March 31, 2013, until a Request for Proposal process can be
completed, was approved.
TRACTOR PURCHASE 3 -C: Purchase of agricultural tractor —recommendation to award Bid
No. 3088 to Cal -Coast Machinery, Inc. in the amount of $128,518, for the
purchase and delivery of one new agricultural tractor, was approved.
CUTAWAY CAB TRUCKS 3 -D: Purchase of cutaway cab trucks —recommendation to award Bid
No. 3071 to Santa Monica Ford in the amount of $208,394, for the
purchase and delivery of three new cutaway cab trucks to be used by the
Street Maintenance Division, was approved
LANDSCAPE SERVICES 3 -E: Landscape maintenance services for various City locations —
recommendation to authorize the City Manager to negotiate and execute
five -year Contract No. 9625 (CCS) with TruGreen Landcare, in the amount
of $1,731,113 per year for landscape set-vices at various facilities and
streetscapes, was approved.
August 14, 2012
DOWNTOWN SANTA 3 -F: Downtown Santa Monica Inc., Budget and Work Plan —
MONICA, INC., BUDGET recommendation to approve the FY2012/13 Budget and Work Plan; and
& WORK PLAN authorize the City Manager to execute Maintenance Services Agreement
No. 9626 (CCS) with Downtown Santa Monica Inc., to set forth each
party's responsibilities for the maintenance of the District, was approved.
FLEET VEHICLE 3 -G: Purchase of replacement fleet vehicles —recommendation to
REPLACEMENT award Bid Nos. 40304 -OR, 40291 -OR, and 40292 -OR for purchase and
delivery of one transit connect electric vehicle and three pickup trucks, in
the amount of $152,503; and award Bid No. 42003 -OR to Wondries Fleet
Group, in the amount of $75,553, for purchase and delivery of two Nissan
Leaf electric vehicles, was approved.
CEMETERY SERVICES 3 -H: Embalming, decedent care, decedent transportation and
cremation services- recommendation to authorize the City manager to
negotiate and execute Contract No. 9627 (CCS) with Snyder's Embalming
Service, in an annual amount of $100,000, for decedent and mortuary
services with an option to extend the contract for up to five years, was
approved.
MOTORCYCLE 34: Recommendation to reject bids for the purchase of nine
PURCHASE motorcycles and direct staff to re- advertise the bid at a later time, was
approved.
POLICE MOTORCYCLES 3 -K: Repairs and parts services for Police Motorcycles -
recommendation to award Bid No. 37842 -OG to Long Beach BMW, in the
amount of $142,000, to provide pars and repair services for Police
Department motorcycles, was approved.
MICHIGAN AVENUE 3 -L: Michigan Avenue Neighborhood Greenway - recommendation to
GREENWAY authorize the City Manager to negotiate and execute Contract No. 9629
(CCS) with Melendrez, in the amount of $164,000, to provide outreach and
design services for the project; and approve the proposed budget changes,
was approved.
DOJ GRANT FUNDS 3 -M: 2012 DOJ Edward Byrne Memorial Justice Assistance grant
funds - recommendation to authorize the City Manager to accept a grant
award in the amount of $33,776; and approve the proposed budget changes,
was approved.
SECURITY GRANT 3 -N: 2011 Urban Area Security Initiative Grant Funds —
FUNDS recommendation to authorize the City Manager to accept a grant award in
the amount of $515,546; and approve the proposed budget changes, was
approved.
August 14, 2012
VISITOR CENTER IN 3 -0: License Agreement for Visitor Center in the Carousel Building
CAROUSEL BUILDING — recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9630 (CCS) with the Santa Monica Pier Corporation to
operate a visitor center and gift shop in the Pier Carousel Building under
the proposed terms and conditions, was approved.
SM PIER CORPORATION 3 -P: Santa Monica Pier Corporation 2012/13 Budget and Work Plan
BUDGET/WORK PLAN — recommendation to approve the renaming of Santa Monica Pier
Restoration Corporation to Santa Monica Pier Corporation; approve the
revised Articles of Incorporation and amended and restated Bylaws; and,
approve the proposed Work Plan and budget, was approved.
PARKING VIOLATIONS 3 -Q: Adoption of Resolution No. 10701 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA SETTING CIVIL
PENALTIES FOR PARKING VIOLATIONS AND FOR THE LATE
PAYMENT OF PENALTIES," was approved.
PIER AND AIRPORT 3 -1: Development of Pier and Airport Enhancement Plans —
ENHANCEMENT PLANS recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9628 (CCS) with IBI Group, in the amount of $500,062, to
prepare Pier and Airport Enhancement Plans, was presented.
Mayor Pro Tem Davis advised she removed this item from the Consent
Calendar to ask questions related to the timing of the project and what the
planned uses may be for the non - aviation land that included at lofts
and studios and a theater.
Staff provided additional information and answered questions from
Councilmembers.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, tc
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
Motion by Councilmember O'Connor, seconded by Councilmember
O'Day, to direct staff to return with information on what kinds of things the
City is doing to assure that the airport is a good neighbor as it relates to the
edges of the airport. The motion was unanimously approved by voice vote,
with Councilmembers McKeown and Shriver absent.
August 14, 2012
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2406 (CCS)
RAND DEVELOPMENT entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AGREEMENT APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT NO. 9631 (CCS) BETWEEN THE CITY AND THE
RAND CORPORATION TO AUTHORIZE THE CONVERSION OF A
PORTION OF PARKING LEVEL P1 INTO PRIMARILY OFFICE
USES," was presented.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to adopt 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,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
LIBRARY BONDS 7 -B: Introduction and adoption of Ordinance No. 2405 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SETTING THE FY2012/13 TAX RATE FOR THE 2012 LIBRARY
GENERAL OBLIGATION REFUNDING BONDS," was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, 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 O'Connor, Holbrook, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
ZONING 7 -C: Introduction and first reading of an Ordinance amending
Interim Zoning Ordinance Number 2394 (CCS) to further extend the
Interim Zoning Ordinance to August 14, 2013, and authorizing in
residential and "A" off street parking overlay zones (i) small increases
in square footage of existing nonconforming auto dealer uses and (ii)
development of automobile parking structures, storage facilities, and
related uses associated with an adjacent dealership subject to
discretionary review, was introduced.
Members of the public Zina Josephs, Ellen Hannan, Hank Koning, Valerie
Griffin, David Wadley, Katherine Eldridge and Linda Piera -Avila
expressed various concerns related to the proposed ordinance.
6 August 14, 2012
Member of the public Chris Harding spoke in support of the proposed
ordinance.
Considerable discussion ensued on the merits of the proposed ordinance
and on the comments and concerns expressed by members of the public.
Motion by Councilmember O'Day, seconded by Councilmember
O'Connor, to introduce the ordinance, reading by title only and waiving
further reading thereof, and amending a phrase on page 24 of the ordinance
to read, "the height of the expansion is one story not to exceed 23 feet."
The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
STAFF ITEMS: 8 -A: 256 Santa Monica Pier Lease — recommendation to direct staff to
256 SANTA MONICA reopen the tenant recruitment process to solicit additional interest under the
PIER recently approved open recruitment process; and, consider choosing
between the finalists obtained through a Request for Proposal process for
Mayor Bloom was excused at the leasehold opportunity at 256 Santa Monica Pier, was presented.
8:05 p. m.
Mayor Bloom advised that because of recent circumstances involving his
Assembly Campaign staff, and that although there is no legal requirement
to take any particular action, he recused himself to avoid the appearance of
a conflict of interest. Mayor Pro Tem Davis assumed the Chair.
Members of the public Nick Steers, Tom Hall, Russ Barnard, Abby Arnold,
Bruce Cameron and Jeff Jarow spoke in support of Council selecting the
existing Rusty's restaurant's proposal.
Members of the public Sal Aurora, Mario Guddemi, Pablo Moix, Stephen
Livigni, Lauren Counter, David Carlat, Stephen Martin and Christopher
Wilson spoke in support of Council selecting the Quintessential Company
proposal.
Motion by Councilmember O'Connor, seconded by Councilmember
O,Dav, to select Rusty's proposal. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day,
Mayor Pro Tern Davis
NOES: None
ABSENT: Councilmembers Shriver, McKeown, Mayor Bloom
August 14, 2012
RECESS On order of the Mayor, the City Council recessed at 8:51 p.m., and
Mayor Bloom returned at reconvened at 9:01 p.m., with Councilmembers Shriver and McKeown
9:01 P.M. absent.
LAND EXCHANGE FOR 8 -13: Purchase and Sale Agreement for Fire Station Land Exchange —
FIRE STATION recommendation to adopt Resolution No. 10702 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA WAIVING
ADVERTISING REQUIREMENTS AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT NO. 9632
(CCS),WHOSE TERMS OF EXCHANGE OF CITY -OWNED
PROPERTIES AT 1338 -42 AND 1321 5TH STREET, FOR A PROPERTY
LOCATED AT 1337 -45 7TH STREET, SUBJECT TO THE CONDITION
THAT CLOSING OF ESCROW AND THE UNDERTAKING OF ANY
OBLIGATIONS OR COMMITMENTS UNDER THE AGREEMENT
SHALL NOT OCCUR UNTIL THE CITY COMPLIES WITH THE
APPLICABLE REQUIREMENTS OF CEQA, INCLUDING ANY
REQUIREMENT THAT THE CITY COUNCIL MAKE FINDINGS AND
APPROVALS IN ACCORDANCE WITH CEQA," was presented.
Members of the public Zina Josephs and Ellen Hannan expressed concerns
related to the impacts of the proposed action. Member of the public John
Smith spoke in opposition of the recommendation.
Motion by Councilmember O'Day, seconded by Councilmember
O'Connor, to adopt the resolution reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Day, Holbrook, O'Connor,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
Motion by Mayor Pro Tern Davis, seconded by Councitmember O'Day, to
approve the agreement. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Sbriver, McKeown
REDEVELOPMENT 8 -C: Contingency Planning related to the dissolution of
CONTINGENCY Redevelopment — recommendation to authorize staff to proceed with
PLANNING certain priority projects while suspending others in light of recent
legislative actions related to the dissolution of redevelopment; and direct
staff to return with additional information and necessary appropriations or
adjustments related to projected budgets, was presented.
August 14, 2012
Members of the public Jerry Rubin, Denise Barton, Shari Davis and Ken
Ward commented on various projects impacted by the proposed
recommendation.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, McKeown
PUBLIC HEARINGS:
9 -A: Congestion Management Program and related development
CONGESTION
report — recommendation to hold public hearing, receive public comment,
MANAGEMENT
and adopt Resolution No. 10703 (CCS) entitled: "A RESOLUTION OF
PROGRAM
THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN
COMPLIANCE WITH THE 2010 LOS ANGELES COUNTY
Councilmember O'Connor
CONGESTION MANAGEMENT PROGRAM; AND, TO ADOPT THE
excused at 10:12 p.m.
ANNUAL LOCAL DEVELOPMENT REPORT," was presented.
Members of the public Denise Barton and Christel Andersen commented
on the proposed recommendation.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers O'Day, Holbrook, Mayor Pro Tem Davis,
Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Connor, Shriver, McKeown
COUNCIL ITEMS: 13 -A: Request to declare Louisa Fish's seat on the Commission for the
SENIOR COMMISSION Senior Community vacant and authorize the City Clerk to publish the
VACANCY vacancy, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers O'Connor, Shriver, and McKeown absent.
August 14, 2012
DOWNTOWN POST
13 -B: Request of Mayor Bloom and Mayor Pro Tern Davis that the
OFFICE
City Council respond to a plan to sell the post office at the corner of
Fifth and Arizona Streets and relocate retail services to an annex
Councilmember O'Connor
facility by directing staff to communicate to the United States Postal
returned at 10 :18 p. m.
Service that Santa Monica's downtown post office at 1248 Fifth Street
should remain open to the public and continue to provide retail and
mail services, was presented.
Members of the public Zina Josephs, Jerry Rubin and Valerie Griffin spoke
in support of the request.
Motion by Mayor Pro Tern Davis, seconded by Councilmember Holbrook,
to approve request. The motion was unanimously approved by voice vote,
with Councilmembers Shriver and McKeown absent.
SAN ONOFRE NUCLEAR 13 -C: Request of Mayor Bloom and Mayor Pro Tem Davis that the
GENERATING STATION City Council direct staff to communicate its support of a full California
Public Utilities Commission investigation of the cost and reliability of
Councilmember O'Day was the San Onofre Nuclear Generating Station and compare it to other
excused at 10 :24 p.m. energy sources used today and throughout the licensing duration and
in addition urge the U.S. Nuclear Regulatory Commission to conduct a
licensing amendment process that is transparent and includes public
hearings, was presented.
Councilmember O'Day advised that although he is not legally required to
recuse himself, his company owns a number of power plants that may be
impacted by the subject matter, so for that reason requested to be recused to
avoid the appearance of the conflict of interest.
The following members of the public spoke in support of the request: Zina
Josephs, Jerry Rubin, Valerie Griffin, Denise Barton, Christel Andersen,
Harvey Eder, Torgen Johnson, Ace Joffman, Gary Headrick, Diane Moss,
Bruce Campbell, Myla Reson, Cris Gutierrez, and Randy Ziglar. Member
of the public Marc Olson, representing Edison, provided an update on
Edison's efforts related to safety.
Motion by Mayor Bloom, seconded by Mayor Pro Tern Davis, to approve
request. The motion was unanimously approved by voice vote, with
Councilmembers Shriver, McKeown, and O'Day absent.
RECOGNITION OF 13 -1): Request of Councilmember Holbrook that staff consider an
MILITARY SERVICE appropriate form of recognition for the 97 Santa Monica service men
CASUALTIES and women who were casualties of the five wars that occurred since
Santa Monica's incorporation and return to Council with
Councilmember O'Day recommendations, locations and cost estimates, was presented.
returned at 10 :55 p.m.
10 August 14, 2012
Member of the public Jack Walter spoke in support of the request.
Motion by Councilmember Holbrook, seconded by Councilmember O'Day,
to approve request. The motion was unanimously approved by voice vote,
with Councilmembers Striver and McKeown absent.
DISABILITIES 13 -E: Request to accept Jenna Amy Rodman's resignation from the
COMMISSION Disabilities Commission and authorize the City Cleric to publish the
vacancy, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Councilmember
O Day, to approve request. The motion was unanimously approved by
voice vote, with Councilmembers Sbriver and McKeown absent.
PUBLIC INPUT: Members of the public Denise Barton and Dbun May commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:16
p.m., in memory of Dr. Sally Ride and Frank Schwengel.
ATTEST:
Denise Anderson - Warren
Assistant City Clerk
Maria M. Stewart
City Clerk
APPROVED:
11 August 14, 2012