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CITY COUNCIL MINUTES
AUGUST 28, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:33 p.m., on
Tuesday, August 28, 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 Bobby Shriver
Absent: Councilmember Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Denise Anderson- Warren
CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:33 p.m., with
Councilmember O'Day absent. Councilmember Shriver 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 5:35
p.m. and returned at 6:54 p.m. with Councilmember O'Day and Mayor
Bloom absent to report the following:
1. CLOSED SESSIONS:
1 -A: Conference with Re
Property:
City Negotiator:
Under Negotiation:
Owner of Record:
al Property Negotiator:
1920 Ocean Way
Andy Agle, Dir. Housing & Economic Dev.
Price & Terms
City of Santa Monica
City Attorney Moutrie advised that this matter was heard and no reportable
action was taken.
1 -B: Conference with Legal Counsel —Existing Litigation: Harriet P.
Epstein and Stanley H. Epstein v. City of Santa Monica; ACS
State and Local Solutions Inc. and Sheri E. Ross, Los Angeles
Superior Court Case Number BS 132415.
August 28, 2012
The City Attorney recommended a settlement agreement in this case that is
related to a dispute about the city's administrative procedures that apply to
parking ticket appeals. She advised pursuant to the settlement agreement,
there would be:
• A monetary payment by the City and ACS in the total amount of
$77,500 of which the city will pay $65,000 to the Epstein's attorney
and ACS will pay $12,500 to the Epstein's.
• The City and ACS would send letters to two classes of persons who
in the past have received and appealed parking citations:
1. People who had received a citation and requested only initial
informal review; and
2. Any significantly smaller class of people who had requested
the initial and formal review and had also requested and
gone to an administrative hearing.
• The City and ACS would offer to persons who received traffic
tickets more information about why the ticket against them was
upheld.
• There would be no admission of liability by the City. The Epstein's
would file a request for dismissal of the lawsuit.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to approve Settlement No. 9634 (CCS) in the amount of
$77,500. The motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, McKeown,
Mayor Pro Tem Davis
NOES: None
ABSENT: Councilmember O'Day, Mayor Bloom
1 -C: Conference with Legal Counsel -Anticipated
Litigation: Anticipate significant exposure to litigation
pursuant to Government Code Section 54956.9(b): 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.
2
August 28, 2012
Members of the public Joy Fullmer, Denise Barton, and Jerry Rubin
Mayor Bloom returned at commented on various Consent Calendar items.
6:58 p.m.
At the request of Mayor Pro Tern Davis, Item 3 -C was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Mayor Bloom, to
approve the Consent Calendar with the exception of Item 3 -C, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Day
MINUTES 3 -A: Approval of minutes August 14, 2012, City Council meeting, was
approved as submitted.
BBB OPERATIONS 3 -13: Big Blue Bus Operations Building Improvement/Furniture
BUILDING Purchase — recommendation to authorize the City Manager to negotiate
IMPROVEMENTS and execute a second modification to Contract No. 9259 (CCS), with
Interior Office Systems (IOS), in the amount of $80,000 to provide
additional furniture, installation, modifications and payment of furniture
storage fees for the Big Blue Bus Operations Building, resulting in a new
three -year contract totaling $971,995, was approved.
BBB ON -BOARD 3 -1): Transit On Board Surveillance System Service and Repair —
CAMERA SERVICE AND recommendation to award Bid No. 4000 to Wincal Technology
REPAIR Corporation, in the amount of $90,000 for transit on -board surveillance
system service and repair for a term of one year with two additional one-
year renewal options, for a total amount not to exceed $286,524, was
approved.
RENTAL VEHICLES FOR 3 -E: Purchase Order for Rental Vehicle Services —recommendation to
POLICE USE award Bid No. 4012 to Enterprise Rent -A -Car in the amount of $97,000 for
the rental of vehicles for the Police Department, with two additional one-
year renewal options, for a contract not to exceed $300,000, was approved.
PAYROLL & FINANCIAL 3 -F: Maintenance for Payroll and Financial Systems Software—
SOFTWARE SYSTEMS recommendation to authorize the City Manager to negotiate and execute
MAINTENANCE Contract No. 9635 (CCS) with Rimini Street Inc., in the amount of
$265,000 to provide maintenance and support for the City's payroll and
financial systems for a period of three years, and authorize budget changes,
was approved.
TRAFFIC SAFETY 3 -G: California Office of Traffic Safety Grant —recommendation to
GRANT authorize the City Manager to accept a no match grant in the amount of
August 28, 2012
$100,000 from the California Office of Traffic and Safety in Support of the
Selective Traffic Enforcement Program, and authorize budget changes, was
approved.
EMPLOYEE BENEFITS 3 -H: Modification Agreement for Actuarial Valuation Services —
CONSULTING SERVICES recommendation to authorize the City Manager to negotiate and execute
Professional Services Agreement No. 9636 (CCS) with AON Consulting &
Insurance Services, in the amount of $28,500 to conduct an actuarial
valuation of post - employment benefits, other than pensions, as required by
governmental accounting standards, increasing the contract to an amount
not to exceed $98,500 for the five -year contract term, was approved.
PURCHASE BACKHOE 3 -I: Purchase of Backhoe Loaders — recommendation to award Bid
LOADERS No. 3089 to Coastline Equipment, in the amount of $255,088 for the
purchase and delivery of two new backhoe loaders for the Public Works
Department, was approved.
SOBRIETY 3 -J: UC Berkeley Sobriety Checkpoint Grant — recommendation to
CHECKPOINT GRANT authorize the City Manager to accept a no match grant in the amount of
$43,200 fiom the University of Berkeley -Safe Transportation Research
and Education Center in Support of the Sobriety Checkpoint Grant
Program, and authorize budget changes, was approved.
BBB FACILITIES 3 -C: Transit Facilities Maintenance — recommendation to authorize the
MAINTENANCE City Manager to award Bid No. 3096 to Harder Brake Lathe & Electric, in
the amount of $300,000 to provide facilities maintenance services for the
Big Blue Bus, with two one -year renewal options, for a total amount not to
exceed $955,080, was presented.
Mayor Pro Tem Davis advised she pulled this item to question staff if there
is current staff who can perform these duties, and if anyone will lose their
job as a result of this contract. Staff responded to questions that this is a
highly technical field, and that no City staff will be laid off.
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor,
to approve the Bid No. 3096. The motion was approved by the following
vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember O'Day
STUDY SESSION: 4 -A: Transportation Impact Fee Study - recommendation that City
TRANSPORTATION Council review and comment on the Nexus Study and proposed
IMPACT FEE Transportation Impact Fee, and direct staff to proceed with preparation of
an ordinance to establish the fee, was presented.
August 28, 2012
Members of the public Scott Schonfeld, Laurel Rosen, John Bohn, Carl
Hansen, Chris Harding, Denise Barton, Mike Gallen, Paula Larmore,
Barbara Tenzer, Dale Goldsmith, Kathleen Rawson, Hank Koning, Mike
Sullivan, Jerry Rubin, and Brad Cox expressed their concerns on the study
including, but not limited to: the fees being too high and would be
burdensome to small businesses, some support for the Chambers of
Commerce plan, the fee should exempt existing buildings and new
development, and support adding a new category for Neighborhood
Serving Uses at a reduced rate.
Discussion ensued on the various issues and concerns and direction was
given to staff including but not limited to: Looking at concerns raised by
the business community; question existing businesses and how the fees
should apply; question if private schools and daycares are exempt from the
fee; how the fee should be calculated; question what is the money going to
be spent on; address the Neighboring Servicing Uses/Rate which would
encourage smaller businesses; consider giving some sort of credit to
businesses that already exists when they only change locations within the
city; look at an exemption process to waive the fee; get comps from other
businesses and developers to get a better understanding of the fees being
proposed; look at this fee in comparison to other impact fees within the
City; and how the proposed fee is too high and will end up moving
businesses out of the City's jurisdiction.
On order of the Mayor, the information was received and filed.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2407 (CCS)
ZONING entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA EXTENDING INTERIM ORDINANCE
NUMBER 2394 (CCS), WHICH ESTABLISHED INTERIM DEVELOP-
MENT PROCEDURES PENDING IMPLEMENTATION OF THE LUCE,
INCLUDING MODIFICATIONS ADDRESSING ORDINANCE
APPLICABILITY, CM DISTRICT NON - CONFORMING USES,
SHARED PARKING AND FAR CALCULATIONS IN THE
DOWNTOWN, EXEMPTIONS FOR CITY PROJECTS, PROVISIONS
RELATING TO THE PERMITTED NUMBER OF RESTAURANTS IN
THE CM DISTRICT AND THE REPLACEMENT OF EXISTING
PUBLIC PARKING SPACES WITHIN PUBLIC PARKING
STRUCTURES IN BSC -2 AND C3 -C ZONING DISTRICTS, AND TO
ADD PROVISIONS AUTHORIZING EXISTING NON - CONFORMING
AUTOMOBILE DEALERSHIP USES AND MINOR EXPANSIONS
THERETO IN RESIDENTIAL AND "A" OFF - STREET PARKING
OVERLAY ZONES," was presented.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis,
to adopt the ordinance, reading by title only and waiving further reading
thereof
August 28, 2012
Substitute motion by Councilmember McKeown, to split the ordinance into
two parts, the Interim Zoning ordinance and Auto Dealership ordinance
could come back in September or early October for approval before the
interim ordinance expires at the end of the month; and then remand the
change in "A" Lots to some community input and to the Planning
Commission which would be a better process than what has been followed
so far.
The motion failed due to a lack of a second.
Council asked questions of staff regarding the public process and
Councilmember McKeown's concerns. Staff responded and answered
questions about the public process.
The main motion was brought back and approved by the following vote:
AYES: Councihnembers Holbrook, O'Connor, Shriver,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember McKeown
ABSENT: Councilmember O'Day
Councilmember McKeown stated for the record that his "NO" vote reflects
the belief that the process for passing the "A" lot change didn't allow for
sufficient public involvement and resident input on what could be a very
significant change in the zoning.
2930 COLORADO 7 -B: Development Agreement, including Tenant Relocation Plan and
AVENUE Tentative Tract Map, to allow conversion of a mobile home 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). (Public hearing closed.)
On order of the Mayor, this item was continued to a future meeting.
BOARDS /COMMISSIONS: 13 -A: Appointment to one unscheduled vacancy on the Building and
BUILDING AND FIRE- Fire -Life Safety Commission for a term ending on June 30,
LIFE SAFETY 2013.
On order of the Mayor, the floor was opened for nominations for one
unscheduled vacancy on the Building and Fire -Life Safety Commission.
August 28, 2012
Councilmember McKeown nominated Barbara Coffman,
Mayor Bloom nominated David Gray.
David Gray was appointed by the following vote:
Coffman: Councilmember McKeown, Shriver
Gray: Councilmembers Holbrook, O'Connor, Mayor Pro Tem Davis,
Mayor Bloom
On a vote of Council, David Gray was appointed to the Building and Fire -
Life Safety Commission, with Councilmember O'Day, absent.
MEASURE V 13 -B: Appointment to one unscheduled vacancy on the Measure V
OVERSIGHT Citizens Oversight Committee for a term ending on December
COMMITTEE 31, 2012.
The Mayor opened the floor for nominations for one unscheduled vacancy
on the Measure V Citizens Oversight Committee.
Mayor Pro Tem Davis nominated Grace Phillips.
Councilmember McKeown nominated Kirsten James.
Grace Phillips was appointed by the following vote:
Phillips: Councilmember O'Connor, Holbrook, Mayor Pro Tem Davis,
Mayor Bloom
James: Councilmember McKeown, Shriver
Councilmembers Shriver and McKeown changed their votes to Phillips,
thereby appointing Grace Phillips by acclamation to the Measure V
Citizens Oversight Committee, with Councilmember O'Day absent.
ANNUAL 13 -C: Annual Appointments to
the
following Boards and
APPOINTMENTS Commissions
Airport Commission
1
6/30/2016
Architectural Review Board
2
6/30/2016
Arts Commission
6
6/30/2016
Building and Fire -Life Safety
2
6/30/2016
Commission for the Senior Community
2
6/30/2016
Commission on the Status of Women
2
6/30/2016
Disabilities Comrission
3
6/30/2016
Downtown Santa Monica
3
6/30/2016
Housing Commission
1
6/30/2016
Landmarks
2
6/30/2016
Library Board
1
6/30/2016
Personnel Board
1
6/30/2017
Planning Commission
2
6/30/2016
7 August 28, 2012
Recreation and Parks Commission 3 6/30/2016
Social Services Commission 2 6/30/2016
The Mayor opened the floor to one nomination for the Airport
Commission.
Councilmember McKeown nominated Suzanne Paulson.
Mayor Bloom nominated Lael Rubin.
Lael Rubin was appointed by the following vote:
Paulson: Councilmember McKeown
Rubin: Councilmembers O'Connor, Holbrook, Shriver,
Mayor Pro Tern Davis, Mayor Bloom
On a vote of Council, Lael Rubin was appointed to the Airport
Commission, with Councilmember O'Day absent.
The Mayor opened the floor for two appointments to the Architectural
Review Board.
Councilmember McKeown nominated Michael Ross and Amy Rotham for
reappointment. There being no other nominations, Mr. Ross and Ms.
Rotham were reappointed by acclamation, with Councilmember O'Day
absent.
The Mayor opened the floor for six appointments to the Arts Commission.
Councilmember McKeown nominated Walter Meyer, Mike Myers, Romy
Phillips, and Anne Troutman for reappointment. There being no other
nominations, Mr. Meyers, Mr. Myers, Ms. Phillips, and Ms. Troutman were
reappointed by acclamation, with Councilmember O'Day absent.
Councilmember McKeown, nominated Tanya Merriman for an
appointment to the Arts Commission. There being no other nominations,
Ms. Merriman was appointed by acclamation to the Arts Commission, with
Councilmember O'Day absent.
On order of the Mayor, one final appointment to the Arts Commission was
continued to a future meeting.
The Mayor opened the floor for nominations to two appointments for the
Building and Fire -Life Safety Board.
August 28, 2012
Councilmember McKeown nominated Charles Muttillo for reappointment.
There being no other nominations, Mr. Muttillo was reappointed to the
Building and Fire -Life Safety Board by acclamation, with Councilmember
O'Day absent.
Councilmember McKeown, nominated James Wilson for reappointment to
a third term on the Building and Fire -Life Safety Board. There being no
other nominations, Mr. Wilson was reappointed by acclamation, with
Councilmember O'Day absent.
The Mayor opened the floor for two nominations to the Commission for the
Senior Community.
Councilmember Shriver nominated Barbara Browning for reappointment to
the Commission for the Senior Community. There being no other
nominations, Ms. Browning was reappointed by acclamation, with
Councilmember O'Day absent.
Councilmember McKeown nominated Nel Steele for reappointment to a
third term to the Commission for the Senior Community. There being no
other nominations, Mr. Steele was reappointed by acclamation, with
Councilmember O'Day absent.
The Mayor opened the floor for two nominations to the Commission on the
Status of Women.
Councilmember McKeown nominated Jillian Alexander and Autumn
Pebbles for reappointment to the Commission on the Status of Women.
There being no other nominations, Ms. Alexander and Ms. Pebbles were
reappointed by acclamation, with Councilmember O'Day absent.
The Mayor opened the floor for three nominations to the Disabilities
Commission.
Councilmember McKeown nominated Christopher Knauf and Christopher
Arroyo for reappointment to a third term to the Disabilities Commission.
There being no other nominations, Mr. Knauf and Ivh•. Arroyo were
reappointed by acclamation, with Councilmember O'Day absent.
Councilmember McKeown nominated Nanci Ellis for an appointment to
the Disabilities Commission. There being no other nominations, Ms. Ellis
was appointed by acclamation to the Disabilities Commission, with
Councilmember O'Day absent.
The Mayor opened the floor for three nominations to the Downtown Santa
Monica Inc. Board.
August 28, 2012
Councilmember McKeown nominated Bruria Finkel and Patricia Hoffman
for reappointment to the Downtown Santa Monica, Inc. There being no
other nominations, Mr. Finkel and Ms. Hoffman were reappointed with
acclamation, with Councilmember O'Day absent.
Councilmember McKeown, nominated Barry Snell for an appointment to
the Downtown Santa Monica Board. There being no other nominations,
Mr. Snell was appointed to the Downtown Santa Monica Board by
acclamation, with Councilmember O'Day absent.
The Mayor opened the floor for one nomination to the Housing
Commission.
Councilmember McKeown nominated Loren Block for an appointment to
the Housing Commission. There being no other nominations, Mr. Block
was appointed to the Housing Commission by acclamation, with
Councilmember O'Day absent.
The Mayor opened the floor for two nominations to the Landmarks
Commission.
Councilmember McKeown, nominated Ruth Shari for reappointment to the
Landmarks Commission. There being no other nominations, Ms. Shari was
Councilmember O'Connor reappointed by acclamation, with Councilmember O'Day absent.
was excused at 9:59 p.m.
Councilmember O'Connor recused herself because she works with Barbara
Kaplan's firm.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to suspend the rule which allows a certain number of people to serve a third
term on a board /commission, in order to nominate Barbara Kaplan. The
vote was unanimously approved by voice vote, with Councilmembers
O'Connor and O'Day absent.
Councilmember O'Connor Councilmember McKeown nominated Barbara Kaplan. There being no
returned at 10: 00 p. m. other nominations, Ms. Kaplan was reappointed to a third term on the
Landmarks Commission by acclamation, with Councilmembers O'Connor
and O'Day absent.
The Mayor opened the floor for one nomination to the Library Board.
Councilmember Holbrook, nominated Kenneth Blackwell for
reappointment to the Library Board. There being no other nominations, Mr.
Blackwell was reappointed to the Library Board by acclamation, with
Councilmember O'Day absent.
The Mayor opened the floor for one nomination to the Personnel Board.
10 August 28, 2012
Mayor Pro Tem Davis nominated Bud Pell for reappointment to the
Personnel Board. There being no other nominations, Mr. Pell was
reappointed to the Personnel Board by acclamation, with Councilmember
O'Day absent.
The Mayor opened the floor for two nominations to the Planning
Commission.
Councilmember McKeown nominated Gerda Newbold and Richard
McKinnon for reappointment to the Planning Commission. There being no
other nominations, Ms. Newbold and Mr. McKinnon were appointed by a
unanimous voice vote, with Councilmember Holbrook opposed, and
Councilmember O'Day absent.
The Mayor opened the floor for three nominations to the Recreation and
Parks Commission.
Mayor Pro Tem Davis nominated Alan Toy and Deborah Cohen for
reappointment to the Recreation and Parks Commission. There being no
other nominations, Mr. Toy and Ms. Cohen were reappointed by
acclamation, with Councilmember O'Day absent.
Mayor Pro Tem Davis nominated Phil Brock for reappointment to a third
term on the Recreation and Parks Commission. There being no other
nominations, Mr. Brock was reappointed by acclamation, with
Councilmember O'Day absent.
The Mayor opened the floor for two appointments to the Social Services
Commission.
Councilmember McKeown nominated Albin Gielicz for reappointment to
the Social Services Commission. There being no other nominations, Mr.
Gielicz was reappointed by acclamation, with Councilmember O'Day
absent.
Councilmember McKeown nominated Sanford Weintraub for an
appointment to the Social Services Commission. There being no other
nominations, Mr. Weintraub was appointed to the Social Services
Commission by acclamation, with Councilmember O'Day absent.
STATUS OF WOMEN 13 -D: Appointment to one unscheduled vacancy on the Commission
on the Status of Women for a term ending June 30, 2013.
The Mayor opened the floor for nominations for one vacancy to the
Commission on the Status of Women.
Mayor Pro Tem Davis nominated Jamie Gallo for appointment to the
Commission on the Status of Women. There being no other nominations,
11 August 28, 2012
Ms. Gallo was appointed by acclamation to the Commission on the Status
of Women, with Councilmember O'Day absent.
SUPPORT MEASURE ES 13 -E: Request of Mayor Pro Tem Davis and Councilmember O'Day
that the City Council support measure ES, a proposed bond
measure on the November 6, 2012 ballot that would fund
repairs and modernization to Santa Monica — Malibu Unified
School District classrooms and other facilities to meet modern
academic standards and current fire and earthquake safety
requirements, was presented.
Members of the public Jerry Rubin and Ben Allen spoke in support of the
recommendation.
Motion by Mayor Pro Tern Davis, seconded by Councilmember Member
McKeown, to approve the recommendation. The motion was unanimously
approved by voice vote, with Councilmember O'Day absent.
RESIGNATION 13 -F: Request to accept Denise Sullivan's resignation from the Arts
Commission and authorize the City Clerk to publish the
vacancy, was presented.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to accept the resignation with regrets and approve recommendations. The
motion was unanimously approved by voice vote, with Councilmember
O'Day absent.
PUBLIC INPUT: Members of the public Susan Wheeler, Rick Cavener, Lori Pennington,
Barbara Katus, Denise Barton, and Lisa B. commented on various local
issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 10:26
p.m.
ATTEST:
Denise Anderson - Warren
Assistant City Clerk
APPROVED:
Richard Bloom
Mayor
12 August 28, 2012