M-091112CITY OF SANTA MONICA
CITY COUNCIL MINUTES
TUESDAY, SEPTEMBER 11, 2012
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on
Tuesday, September 11, 2012, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tern Gleam Davis
Councilmember Robert T. Holbrook (arrived at 5: 47 p. rn.)
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Terry O'Day
Councilmember Bobby Shriver (arrived at 5 :50 p.m.)
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Denise Anderson - Warren
CONVENEXLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with
Councilmembers O'Connor and Shriver, absent. City Clerk, Sarah Gorman
led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for Closed Session.
On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
Councilmember Holbrook closed sessions and returned at 6:40 p.m., with all members present, to
arrived at 5:47 p. m. report the following:
Councilmember Shriver 1 -A: Conference with Legal Counsel —Existing Litigation: Finley v.
arrived at 5:50 p.m. City of Santa Monica, Los Angeles Superior Court Case
Number BS 127077.
The City Attorney recommended a settlement in the amount of $99,500 to
the Western Center on Law and Poverty.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to approve Settlement No. 9638 (CCS) in the amount of
$99,500. The motion was approved by the following vote:
September 11, 2012
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
1 -B: Conference with Legal Counsel - Anticipated
Litigation: Anticipate significant exposure to litigation
pursuant to Government Code Section 54956.9(b): 1 case
The City Attorney Marsha Moutrie reported that this item was heard with
no reportable action taken.
1 -C: 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 Marsha Moutrie reported that this item was heard with
no reportable action taken.
INSPIRATION: Moment of silence and full color guard with Police and Fire in
remembrance of 9/11, was held.
SPECIAL AGENDA 2 -A: Commendation to the Santa Monica Little League Senior AIl-
ITEMS: Stars for winning the District 25 Tournament, was presented by Mayor
Bloom.
2 -B: Kaiser Permanente awarded a Healthy Eating Active Living
certificate of recognition to Council for adopting policies that promote
a healthy and active community, was received 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, Denise Barton, Christel Anderse, and
Catherine Eldridge commented on various Consent Calendar items.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the Consent Calendar, except for Items 3 -A, 3 -C, and 3 -F,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
BBB ADMIN BUILDING 3 -B: Big Blue Bus Administration Building Waterproofing Contract
WATERPROOFING — recommendation to authorize the City Manager to negotiate and execute
2 September 11, 2012
Contract No. 9640 (CCS) with Fortex Construction in an amount not to
exceed $172,590 for building enclosure waterproofing, repair and
replacement work at the Big Blue Bus Administration building, and
authorize any necessary changes, was approved.
BUS TRANSPORTATION 3 -D: Award Bid to Provide Bus Transportation Services —
SERVICES recommendation to award Bid No. 4010 to Star -Dust Tours, Inc., for a total
amount of $81,600 per year to provide bus transportation set-vices as
requested by the Community and Cultural Services Department, with two
one -year renewal options for a total amount of $244,800; and appropriate
budget changes, was approved.
SAN VICENTE BOOSTER 3 -E: Design Services for San Vicente Booster Pump Generator
PUMP GENERATOR Project — recommendation to authorize the City Manager to negotiate and
PROJECT execute professional services Agreement No. 9641 (CCS) with Lee & Ro,
Inc. in the amount of $328,500 to provide design services for the San
Vicente Booster Pump Station Emergency Generator Project; and
appropriate budget changes, was approved.
REJECT BID NO. 4013 3 -G: Reject Bid for Granular Activated Carbon Replacement
Services — recommendation to authorize City Manager to reject all bids
received on June 28, 2012 for Bid No. 4013 for granular activated carbon
replacement services at the Cbarnock Well Field; authorize to direct staff to
reissue a request for new bids in order to obtain the best bidder; and
approve a new, interim purchase order in the amount of $400,000 with
Carbon Activated Corporation, resulting in a new total amount of
$1,200,000, was approved.
WATER WELL REPAIR 3 -H: Award Bid for Water Well Repair and Maintenance Services —
AND MAINTENANCE recommendation to award Bid No. 4008 to General Pump Company, Inc.
SERVICES for an amount not to exceed $180,000 for one year for water well repair and
maintenance services, with two one -year renewal options for a total amount
of $540,000 for three years, was approved.
PIER BRIDGE 3 -I: Agreement for Pier Bridge Replacement Project —
REPLACEMENT recommendation to authorize the City Manager to negotiate and execute
PROJECT professional set-vices Agreement No. 9642 (CCS) with T.Y.LIN
International, in an amount not to exceed $850,000 to provide public
outreach, conceptual design and environmental documentation services for
the Pier Bridge Replacement Project, was approved.
GRAFFITTI REMOVAL 34: Award Bid for Graffiti Removal and Painting Services at the
AND PAINT SERVICES Pier - recommendation to award Bid No. 4003 to Pal-rot Painting, in an
amount not to exceed $40,000 for graffiti removal and painting services at
the Santa Monica Pier for FY 2012 -13, with two one -year renewal options
with a not to exceed amount of $130,000 over a three-year period, was
approved.
3 September 11, 2012
PIER DECK BOARD 3 -K: Award Bid for Pier Deck Board Replacement and Nail Patrol
REPLACEMENT Services at the Pier — recommendation to award Bid No. 4004 to John S.
Meek Company for an amount not to exceed $68,400 for deck board
replacement and monthly nail patrol services at the Santa Monica Pier for
FY 2012 -13, with two one -year renewal options for a total amount of
$238,400 for a three -year period, was approved.
CHRISTMAS TREE LOT 3 -L: Short -term Lease of City -owned Property for Christmas Tree
Lot — recommendation to authorize the City Manager to negotiate and
execute License Agreement No. 9643 (CCS) with Chauvet Tree Farms,
Inc., in the amount of $10,004, for the short -term use of property located at
12040 — 12048 Wilshire Boulevard, with up to four (4) additional ninety
(90) day extensions during the 2013 -2016 Christmas seasons for up to a
total of five (5) Christmas seasons, was approved.
ELECTRICAL AND 3 -M: Award Bid for the Purchase of Electrical and Street Lighting
STREET LIGHTING Supplies- recommendation to award Bid No. 4002 to One Source
Distributors, in au amount not to exceed $300,000 for the purchase of
electrical and street lighting supplies for FY 2012 -2013, with two one -year
options to renew for a total amount of $950,000 over a three -year period,
was approved.
CHARNOCK WELL 3 -N: Modification for Operations, Maintenance and Management
MAINTENANCE & Services for the Charnock Well Field — recommendation to authorize the
OPERATION SERVICES City Manager to negotiate and execute a first modification to Contract No.
9239 (CCS) with Siemens Water Technologies Corporation, in the amount
of $556,048 to provide operations, maintenance, and management services
for the Charnock Well Field, resulting in a new four year contract for a total
amount of $1,112,096, was approved.
HOUSING FRAUD 3 -0: Modification for Fraud Investigation Services for HUD- funded
INVESTIGATION Housing Programs — recommendation to authorize the City Manager to
SERVICES negotiate and execute a modification to the Professional Services
Agreement No. 9164 (CCS) with Program Compliance Solutions, in the
amount of $50,000 to continue providing fraud investigation services for
the Housing Division for a new total contract amount not to exceed
$268,400, was approved.
UNIVERSALLY 3 -P: Universally Accessible Playground Construction Contract—
ACCESSIBLE recommendation to authorize the City Manager to negotiate and execute
PLAYGROUND Contract No. 9644 (CCS) with Micon Construction, Inc. in an amount not
to exceed $998,481 for construction of the Universally Accessible
Playground Project; and approve changes, was approved.
CANCEL MEETING 3 -Q: Cancellation of September 25, 2012 Regular City Council
Meeting, was approved.
4 September 11, 2012
EXPO MAINTENANCE 3 -A: Expo Maintenance Yard Buffer Park Design Contract —
YARD BUFFER DESIGN recommendation to authorize the City Manager to negotiate and execute
Contract No. 9639 (CCS) with Mia Lehrer and Associates, in an amount
not to exceed $297,978 to provide full design services for a new 2.35 -acre
neighborhood open space /park adjacent to the Expo Maintenance Yard,
was presented.
Councilmember McKeown removed this item to question staff regarding
the role that the public, and especially residents who live near the park, had
in the design process. Staff provided additional information that there were
two community meetings held to identify uses, and that the public will
continue to be involved in the process.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
CORPORATION YARD 3 -C: Corporation Yard Master Plan Contract Modification —
MASTER PLAN recommendation to: authorize the City Manager to negotiate and execute a
third modification to Professional Services Agreement No. 9129 (CCS)
with RNL Interplan, Inc. in the amount of $34,314 to provide additional
scope of work to complete the Corporation Yard Master Plan, resulting in a
new total contract amount of $343,340; and authorize budget changes, was
presented.
Councilmember McKeown pulled this item to ask staff for clarification
regarding conflicting statements in the staff report. Staff provided
additional information and answered questions.
Motion by Councilmember McKeown, seconded by ayor Pro Tem Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
HOUSING LOAN 3 -F: Housing Trust Fund Loan Forgiveness and Extension —
FORGIVENESS AND recommendation to authorize the City Manager to forgive an existing loan
EXTENSION to the Mountain View Mobile Inn Residents Association in the amount of
$124,977 for 1930 Stewart Street; and authorize to execute a loan term
extension until December 2014 for an existing acquisition and
predevelopment loan to Community Corporation of Santa Monica, in the
5 September 11, 2012
amount of $1,161,185 for 1342 Berkeley Street, was presented.
Councilmember Shriver pulled this item to obtain additional information
about the item. Staff provided additional information and answered
questions.
Motion by Councilmember Shriver, seconded by Mayor Pro Tern Davis, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
PARKING IN -LIEU FEE 4 -A: Downtown Parking In -Lieu Fee Program Study Session —
PROGRAM recommendation that Council review and provide direction on issues
relating to the modifications to the Downtown Parking In -Lieu Fee
Program, including direction on the policy issues and trade -offs identified
in the report, was presented.
Members of the public Debbie Lee, Chris Harding, and Jerry Rubin
commented and shared suggestions on the recommendation.
Discussion ensued on the information presented including, but not limited
to: getting a better handle on managing parking; creating an inventory of
parking and the in -lieu fee can pay for the needed parking /valet system;
allow flexibility during the approval process; improve way - finding and
signage in the Downtown area; go after more public /private partnerships to
create parking; suggesting that the 40% in -lieu recommendation is
conservative and recommended going after at least 60 %; using the in -lieu
fee to provide funding for maintenance to parking structures; reviewing
each project site by site, with no set formula allowing for flexibility; create
other bike stations on the other side of the Downtown area; and, making
sure the amounts of recommnended parking are accurate, so that in the next
decades the promise of parking being available can be delivered.
On order of the Mayor, this item was received and filed.
ORDINANCES: 7 -A: Introduction and first reading of an ordinance adopting
1548 6TU STREET Development Agreement I IDEV -012 to convert 3,038 square feet of
non- usable space into four residential units within an existing mix -use
market rate rental housing building at 1548 60' Street, was presented.
Member of the public Denise Barton spoke in opposition of the
recommendation.
6 September 11, 2012
Applicant representative Dave Rand spoke in support of the Development
Agreement.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to introduce the ordinance for first reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Couneilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
OFF -STREE FOOD 7 -B: Introduction and First Reading of an Ordinance to Permit Off -
TRUCKS Street Food Truck Venues in the CM Main Street Commercial District
and Adjacent A Off- Street Parking Overlay Districts and the C4
Highway Commercial District by Performance Standards Permit, was
presented.
Members of the public Tobi Smith, Mike Snow, Kay Pattison, Garrett
Gerson, Garner Gerson, and Heidi Granner spoke in support of the
recommendation.
Members of the public Ellen Harman, Joe Popersky, Gary Gordan, Ron
Schur, and Jerry Rubin spoke in opposition or suggested more study is
needed before moving forward on this matter.
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to send this back to staff to have staff consider the following: Is there some
sort of interim permit that is currently not on the books, that would be more
permanent than a temporary use permit, but not as long as the permit being
recommended. In the interim have things continue to operate under the
temporary use permit as they currently have; and, to conduct an economical
study to determine the effect on businesses and the city as a whole.
Discussion ensued on the merits of the motion with the suggestions to staff:
an intermediate permit for two years with one additional renewal by staff
before the permit comes to Council; including a balance of the resident and
business communities input on this matter; to work cooperatively with the
merchants on issues of sustainability, and to make sure that the appropriate
taxes are being collected.
On order of the Mayor, the motion was approved by voice vote, with all
members present.
AFFORDABLE HOUSING 7 -C: Introduction and First Reading of an Ordinance that would
BASE FEE eliminate the existing discount to the Affordable Housing Unit Base
Fee, currently 50 percent in industrial/commercial zones and 25
percent in residential zones which is available under specified
7 September 11, 2012
circumstances; and adopt Resolution No. 10705 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTOMATICALLY ADJUSTING TIHE AFFORDABLE
HOUSING UNIT BASE FEE FOR NEW MARKET -RATE
MULTIFAMILY DEVELOPMENT PURSUANT TO SANTA MONICA
MUNICIPAL CODE SECTION 9.56.070(b) BASED ON CHANGES IN
CONSTRUCTION COSTS AND LAND COSTS," and adopt Resolution
No. 10706 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTOMATICALLY ADJUSTING
THE AFFORDABLE HOUSING UNIT DEVELOPMENT COST
PURSUANT TO SANTA MONICA MUNICIPAL CODE SECTION
9.56.070(c) BASED ON CHANGES IN CONSTRUCTION COSTS AND
LAND COSTS ", was presented.
Member of the public Denise Barton commented on this matter.
Motion by Councilmember Sluiver, seconded by Councilmember
McKeown, to introduce the ordinance 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 Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to adopt Resolution No. 10705 (CCS) to implement the annual
automatic adjustment to the Affordable Housing Unit Base Fee for new
market -rate apartments and condominiums, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to adopt Resolution No. 10706 (CCS) to implement the annual
automatic adjustment to the Affordable Housing Unit Development Cost,
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 Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
8 September 11, 2012
STAFF ITEMS: 8 -A: Disposition of City -owned Property at 1920 Ocean Way —
1920 OCEAN WAY recommendation to authorize the City Manager to execute Purchase and
Sale Agreement No. 9645 (CCS) to sell the City -owned property at 1920
Ocean way to the Edward Thomas Hospitality Companies for the purchase
price of $13,150,000; and authorize budget changes, was presented.
Members of the public Ellen Hannan, Michael Feinstein, and Tom Larmore
commented on the recommendation.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Couneilmernber McKeown, O'Day, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmember Shriver
ABSENT: None
WATER MAIN 8 -B: Water Main Betterment Components on Colorado Avenue —
BETTERMENTS authorize the City Manager to negotiate and execute Agreement No. 9646
(CCS) with the Exposition Metro Line Construction Authority in an
amount not to exceed $2,300,000 to perform final engineering services and
Councfbneinber O'Day was construction of water main betterments on Colorado Avenue; and authorize
excused at 10:09 p.m. budget changes, including appropriations, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis,
to approve the reconnnendation. 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
COUNCIL ITEMS: 13 -A: Request of Council member Bobby Shriver that City Council
SANTA MONICA AS A support designation of Santa Monica as a ONE City to advocate for an
ONE CITY end to poverty and preventable disease such as HIV /AIDS, particularly
in Africa, by raising public awareness and working with elected
officials to support smart, effective life- saving policies and programs.
Santa Monica would join 150 U.S. cities including the California cities
of Los Angeles, San Francisco, Redlands, San Jose, and Davis. A
proclamation would be issued. Any specific policy support would
conform to Council approved direction, was withdrawn and continued to
October 2, 2012 meeting.
9 September 11, 2012
ZONING CODE 13 -B: Request of Mayor Pro Tem Davis and Councilmember
POLICIES McKeown that the Council direct staff to assist the Planning
Commission in reviewing appropriate employee -per- square -foot ratios
Councilmember O'Day for commercial projects, and return to Council with an update to
returned at 10:22 p. m. inform calculations on parking, traffic, and other Development
Agreement and zoning code policy decisions, was presented.
Member of the public Valerie Griffin spoke in support of the
recommendation.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis,
to approve the recommendation. The motion was unanimously approved
by voice vote with all members present.
ADVERTISING ON THE 13 -C: Request by Mayor Bloom that the City Council direct staff to
BIG BLUE BUS review Big Blue Bus policies regarding advertising on its vehicles in
light of current law, in particular, the First Amendment to the United
States Constitution, and return to Council with information,
alternatives and recommendations. Request is also made that the City
Council direct that staff, to the extent practical, maintain the status
quo that existed prior to recent actions taken with respect to
advertisers. This may include, among other things, directing staff to
adopt an interim policy permitting commercial and non - commercial
advertising on Big Blue Bus vehicles.
Members of the public Jerry Rubin, Samantha Granberry, Philip Curtis,
Jeff Goodman, John Duran, Craig Miller, and Catherine Eldridge spoke in
support of the recommendation.
Discussion ensued and questions were asked of staff regarding the First
Amendment legal issues that could arise as a result of allowing non - profit
organizations to advertise on the side of the Big Blue Bus. The City
Attorney provided legal advice on the impacts of not enforcing the current
policy.
Councilmember McKeown, seconded by Mayor Bloom, to direct staff to
review Big Blue Bus policies regarding advertising on its vehicles in light
of current law, in particular, the First Amendment to the United States
Constitution, and return to Council with information, alternatives and
recommendations. The motion was unanimously approved by voice vote,
with all members present.
Discussion ensued on the merit of the second recommendation which
included but not limited to: what should be done in the interim until staff
returns with an evaluation of policies; and, what are the legal risk involved
if the Administration continues to not enforce the policy and allow both
commercial and non - commercial advertising on the Big Blue Bus.
10 September 11, 2012
Motion by Mayor Pro Tern Davis, seconded by Manor Bloom, to direct
staff to adopt an interim policy permitting both commercial and non-
commercial advertising on the Big Blue Bus vehicles until staff returns
with a report to Council with an evaluation of policies. The motion failed
by the following vote:
AYES: Councilmembers O'Day, Mayor Pro Tem Davis, Mayor Bloom
NOES: Councilmembers Shrivel, O'Connor, Holbrook, McKeown
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton and Diane Dykema commented on
Councibnember Shriner n,as various local issues.
excused at 11:27 p. m.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:33
p.m., with Councilmember Shrivel, absent.
ATTEST: APPROVED:
&Mtil j 0 OU AMLA_ (Auff tq
Denise Anderson - Warren Richard Bloom I
Assistant City Clerk Mayor �PA
11 September 11, 2012