m-021213CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 12, 2013
A regular meeting of the Santa Monica City Council was called to order by the City Clerk at 5:32 p.m., on
Tuesday, February 12, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Absent: Mayor Pam O'Connor
Mayor Pro Tern Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of City Clerk Sarah Gorman, the City Council convened at 5:32
p.m., with Mayor O'Connor and Mayor Pro Tern O'Day absent.
Councilmember McKeown led the assemblage in the Pledge of Allegiance.
City Clerk Sarah Gorman opened the floor for nominations for an interim
chair for this meeting only. Councilmember Holbrook nominated
Councilmember Davis, and Councilmember Winterer seconded. The
Council voted in favor of the motion by acclamation, with Mayor Pro Tern
O'Day and Mayor Connor absent.
CLOSED SESSIONS Members of the Public Catherine Eldridge and Daryl Bristol commented on
various Closed Session items.
On order of the Mayor, the City Council recessed at 5:40 pm to consider
closed sessions and returned at 7:01 pm, with Mayor O'Connor and Mayor
Pro Tem O'Day absent, to report the following:
1 -A: Conference with Legal Counsel —Existing Litigation: Village
Trailer Park v. City of Santa Monica, Los Angeles Superior Court
Case No. BS141223
February 12, 2013
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -B: Conference with Legal Counsel — Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (c) —1 case
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
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 Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -D: Conference with Legal Counsel —Existing Litigation: Mirsky v.
City of Santa Monica, Los Angeles Superior Court Case Number SC
116204.
City Attorney Marsha Moutrie recommended a settlement agreement in the
amount of $47,000 for a trip and fall accident.
Motion by Councilmember Holbrook, seconded by Councilmember
Winterer, to approve Settlement Agreement No. 9698 (CCS), in the amount
of $47,000. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown,
Davis
NOES: None.
ABSENT: Mayor O'Connor and Mayor Pro Tern O'Day
1 -E: Conference with Legal Counsel — Existing Litigation: Harris v.
City of Santa Monica, California Supreme Court Case Number
51811004.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
CONSENT CALENDAR: There being a Consent Calendar each for the City Council and the
JOINT MEETING WITH Redevelopment Successor Agency, on order of the Interim Chair, and with
SUCCESSOR AGENCY consensus of Councilmembers, the Council convened to a joint meeting
with the Redevelopment Successor Agency at 6:45 p.m., and the two
Consent Calendars were heard concurrently.
2 February 12, 2013
Pursuant to state law, City Clerk Sarah Gorman announced that Council
will receive no compensation for meeting as the Redevelopment Successor
Agency.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton commented on various Consent
Calendar items.
The following roll call of Successor Agency members was completed:
Present: Redevelopment Successor Agency Members Vazquez,
Holbrook, Winterer, McKeown, Davis
Absent: Mayor O'Connor, Mayor Pro Tern O'Day
At the request of Agency /Councilmember Vazquez, Item 3 -A was removed
from the Consent Calendar.
Motion by Agency /Councilmember Holbrook, seconded by
Agency /Councilmember McKeown, to approve the Consent Calendars,
except for Item 3 -A, and noting that Item 34 is as amended, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
Ayes: Agency /Councilmembers McKeown, Winterer, Holbrook,
Vazquez, Davis
Noes: None
ABSENT: Chair/Mayor O'Connor, Chair/Mayor Pro Tern O'Day
STAKE BED TRUCK BID 3 -B: Award Bid for Purchase of One Stakebed Truck—
recommendation to award Bid No. 4042 to Zero Truck, in the amount of
$63,911 for the purchase and delivery of one stakebed truck, was approved.
MONITORING 3 -C: Agreement for Monitoring Services for the In -Line Storm Drain
SERVICES Runoff Infiltration Project — recommendation to authorize the City
Manager to negotiate and execute Professional Services Agreement No.
9699 (CCS) with California Watershed Engineering, in an amount not to
exceed $80,000 to provide flow and water quality monitoring services for
the In -Line Storm Drain Runoff Infiltration Project, was approved.
943 SIXTEENTH STREET 3 -D: Adopt ResolutionNo.10730 (CCS) entitled: "A Resolution Of
The City Council Of The City Of Santa Monica Accepting And Approving
The Final Subdivision Map For Tract No. 66996 To Subdivide A Property
February 12, 2013
At 943 Sixteenth Street," was adopted.
VENDING CART 3 -E: Vending Cart Licenses for the Santa Monica Pier—
LICENSES recommendation to authorize the City Manager to negotiate and execute
License Agreement Nos. 9700 (CCS) through 9708 (CCS) with nine
independent vending cart operations (Candy Carousel No. 9700 (CCS),
Redline No. 9701 (CCS), Tee's R Us No. 9702 (CCS), LA Beach Kites
9703 (CCS), Two Photos In One No. 9704 (CCS), Downtown Food Co No.
9705 (CCS), Berlin Currywurst No. 9706 (CCS), Green Truck No. 9707
(CCS), and Crepe'n Around No. 9708 (CCS)) on the Santa Monica Pier,
was approved.
TROLLEY KIOSK 3 -F: Trolley Kiosk License on the Santa Monica Pier —
LICENSE recommendation to authorize the City Manager to negotiate and execute a
License Agreement No. 9709 (CCS) with 66 to Cali, Inc., to operate from a
retail vending stand known as the "Trolley Kiosk" on the Santa Monica
Pier, was approved.
GATEWAY TRIANGLE 3 -G: Application for California Environmental Enhancement and
GARDEN Mitigation Program grant funds for the Gateway Triangle Garden
associated with Colorado Esplanade Project — recommendation to: adopt
Resolution No. 10731 (CCS) entitled: "A Resolution Of The City Council
Of The City Of Santa Monica Approving The Application For Grant Funds
For The Environmental Enhancement And Mitigation Program Under The
Section 164.56 Of The Streets And Highways Code For The Following
Project: The Gateway Triangle Garden;" and, authorize the City Manager
to execute all necessary documents to apply for the grant, accept the grant,
if awarded, and accept all grant renewals, if awarded; and, authorize budget
changes, was adopted and approved.
ZONING 3 -H: Second Modification of Agreement with Dyett and Bhatia to
provide additional work associated with the Zoning Ordinance Update
— recommendation to authorize the City Manager to negotiate and execute a
second amendment to Contract No. 8369 (CCS) with Dyett & Bhatia in the
amount of $84,640, to provide professional services to assist with the
completion of the City's new Zoning Ordinance, resulting in a nine -year
total amount not to exceed $1,733,470, was approved.
DESKTOP COMPUTERS 3 -I: Purchase, Installation and Maintenance of Desktop Computers
— recommendation to authorize the City Manager to negotiate and execute a
contract No. 9710 (CCS),with Hewlett Packard in an amount not to exceed
$1,600,000 for the purchase, installation, and maintenance of desktop
computers over a four year period, was approved.
February 12, 2013
REDEVELOPMENT 3 -J: Former Redevelopment Agency's Recognized Obligation
AGENCY Payment Schedule and Administrative Budget — recommendation that
the City Council adopt Resolution No. 11 (SA) approving the housing
administrative budget for the period of July 2013 through December 2013;
and serving as the Santa Monica Redevelopment Successor Agency, adopt
Resolution Nos. 12 (SA) and 13 (SA) approving the Successor Agency's
Draft Recognized Obligation Payment Schedule and administrative budget
for July 2013 through December 2013, was approved.
MINUTES 3 -A: Approval of minutes of the October 2, 2012, City Council
meeting, was presented.
Councilmember Vazquez advised he removed this item because he was not
a Councilmember at the October 2, 2012 meeting.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown to approve the recommendation. The motion did not pass, with
the following vote:
AYES: Councilmembers Holbrook, McKeown, Davis
NOES: None
ABSTAIN: Councilmembers Vazquez, Winterer
ABSENT: Mayor O'Connor, Mayor Pro Tern O'Day
STUDY SESSION: 4 -A: Study Session on Moving Forward with LUCE — Circulation
LUCE Element Policies and Programs Update — recommendation that City
Council review and comment on Land Use and Circulation Element
transportation improvement measures and direct staff to direct to continue
with such measures, was presented.
Members of the public Denise Barton, Stephen Youngerman, Valerie
Griffin, Denny Zane, and John C. Smith commented regarding the item on
topics including Expo Line access, bus service, and transportation demand
management.
Considerable discussion ensued on the topics of traffic, bus arrival time
availability, bicycle issues and connectivity with the Expo Line, in roadway
lights, Expo and BBB connectivity, traffic light synchronization, bike
sharing, car sharing, shared parking, parking real time availability,
residential neighborhood parking, annual trip reduction fees, Ocean Park
Boulevard, future traffic planning, transportation demand management,
transportation management associations, and congestive pricing.
On order of the Mayor, the information was received and filed.
February 12, 2013
ORDINANCES:
7 -A: Introduction and First Reading of an Ordinance Modifying
PARKING RATES
Sections of Santa Monica Municipal Code Article 3 Related to the
ABSENT:
Management of Parking and Adoption of Resolution No. 10732 (CCS)
Setting Public Parking Rates, was introduced.
Councilmember McKeown
was excused at 8:45 pm.
Members of the public Alexis Franklin, Denise Barton, and Jerry Rubin
spoke in opposition to the recommended action.
Councilmember McKeown
returned at 8:48 pm.
Discussion ensued regarding traffic rates.
Motion by Councilmember Winterer, seconded by Councilmember
Vazquez, 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 Vazquez, Holbrook, Winterer, Davis
NOES:
None
ABSENT:
Councilmember McKeown, Mayor Pro Tern O'Day,
Mayor O'Connor
AFFORDABLE HOUSING 7 -B: Introduction and First Reading of an Amendment to Interim
Zoning Ordinance Number 2407 (CCS) to Modify the Affordability
Requirements for Ministerial Processing of 100% Affordable Housing
Projects of 50 or Fewer Units, was introduced.
Members of the public Art Casillas, Dale Goldsmith, and James Regan
spoke in opposition to the recommended action.
Discussion ensued regarding proposals with ranges of affordability levels.
Motion by Councilmember Winterer, seconded by Councilmember Davis
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 McKeown, Winterer, Vazquez, Davis
NOES: Councilmember Holbrook
ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor
Council provided staff direction.
PLANNING 7 -C: Introduction and First Reading of an Ordinance to Modify
COMMISSION Santa Monica Municipal Code (SMMC) Section 9.48.090 to Extend the
Time Period that the Planning Commission has to make a
Recommendation on a Development Agreement to the City Council
and to Clarify Existing Law and Practice, was introduced.
6 February 12, 2013
There was no one present for public comment.
Discussion ensued regarding providing time for Planning Commission
consideration of projects.
Motion by Councilmember McKeown, second by Councilmember
Winterer, 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 McKeown, Winterer, Holbrook, Vazquez,
Davis
NOES: None
ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor
STAFF ITEMS: 8 -A: Naming of the New Santa Monica Civic Center Park —
CIVIC CENTER PARK recommendation that the City Council review the results of public input on
a- short-list of possible park names, consider names suggested by the public,
and select a final name for the new Civic Center park currently known as
Palisades Garden Walk, was presented.
Members of the public Barbara Lansdale, Dr. Gary Stickel, Richard Cano,
Lydia Ponce, Quimichipilli Bravo, Anna Lopez, Gina De Baca, Jerry
Rubin, Danny Alonzo, Paulina Sahagun; Desiree Martinez, Linda Piera-
Avila, Mike Feinstein, Catherine Eldridge, Clinton Johnson, Jose Lopez,
John C. Smith, Wendy Teeter, Phil Brock, Kathryn Boole, and John Petz
spoke regarding possible names, including Tongva Park, Garden Walk,
Ken Genzer Park, Pacific Ocean Park and Santa Monica Common.
Considerable discussion ensued including discussion of possible names.
Motion by Councilmember McKeown, to name the park Tongva Arroyo
Park.
Substitute motion by Councilmember Vazquez, to name the park Santa
Monica Arroyo Tongva Park.
Motion by Councilmember McKeown, seconded by Councilmember Davis
to name the park Tongva Park.
Discussion ensued regarding possible park names, including Palisades
Garden Walk, The Commons, and Tongva Park at Santa Monica.
February 12, 2013
The motion to name the new Civic Center Park to Tongva Park, was
approved by the following vote:
AYES:
Councilmembers Vazquez, Winterer, McKeown, Davis
NOES:
Councilmember Holbrook
ABSENT:
Mayor Pro Tern O'Day, Mayor O'Connor
DEVELOPMENT 8 -B: Development Agreement Application Processing Priorities and
AGREEMENT PROCESS Guidelines for Negotiating Unit Size/Type and Mix in Mixed -Use
Residential Projects — recommendation that City Council: review,
comment on and approve proposed guidelines regarding processing of the
current backlog of development agreements by prioritizing project
applications; and, direct staff to use the guidelines for negotiating
development agreements with respect to unit size and mix of rental
housing, was presented.
Members of the public Michael W. Fulonis, Valerie Griffin, John Zinwer,
Hank Koning, Bill Delvac, Dave Rand, Dale Goldsmith, Steve Duron, John
Reed, Ward Kiefer spoke in opposition to the proposed guidelines.
Considerable discussion ensued on various topics, including affordability,
unit mix, educational institutions, revenue generations, and flexibility.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to prioritize projects with education, revenue generation (if no
other issues with project that will slow approval), affordability, and the
possibility of adjacent sites.
Motion to amend by Councilmember Vazquez, to define affordability as
15% affordable at 50% of median income and 5% at 80% of median
income for three bedrooms, which was accepted as friendly by the maker.
Motion to amend by Councilmember Winterer, to prioritize tier one and tier
two projects, which was accepted as friendly by the maker and the seconder
of the motion.
Motion by Councilmember McKeown, to also prioritize projects with a
maximum of 20 % studio, at least 20% two bedrooms, and at least 10%
three bedroom units. The motion was accepted as friendly by the seconder.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Vazquez,
Davis
NOES: None
ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor
February 12, 2013
CONTINUE WITH NEW Motion by Councilmember McKeown, seconded by Councilmember
ITEMS PAST 11:00 PM Vazquez, to continue with the remaining items on the agenda, past 11:00
pm. The motion was unanimously approved by voice vote, with Mayor Pro
Tern O'Day and Mayor O'Connor absent.
WOODLAWN 8 -C: Options to Establish a War Memorial at Woodlawn Cemetery,
CEMETERY Mortuary and Mausoleum — recommendation that City Council review
and comment on establishing a commemoration wall at Woodlawn
Cemetery, Mortuary and Mausoleum honoring Santa Monica's war dead,
and direct staff to develop design concepts and cost estimate, and approve
Location 1— Mausoleum Entrance as the recommended location, was
presented.
Discussion ensued regarding topics including current memorials at the site.
Members of the public Jerry Rubin and Jack Walter commented in support
of the recommended action.
Motion by Councilmember Holbrook seconded by Councilmember
McKeown, to approved the proposed action, noting that this is a peace
memorial honoring those who died in war. The motion was approved by
the following vote:
AYES: Councilmembers Vazquez, Holbrook, Winterer, McKeown,
Davis
NOES: None
ABSENT: Mayor Pro Tem O'Day, Mayor O'Connor
Staff direction was provided.
COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that the Council direct
GUSSY MORAN staff to explore ways in which the memory of Santa Monica native and
world- famous tennis pioneer Gassy Moran might be commemorated at
our municipal tennis facilities, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown seconded by Councilmember
Vazquez, to approve request. The motion was unanimously approved, with
Mayor O'Connor and Mayor Pro Tern O'Day absent.
PUBLIC INPUT: Members of the public Denise Barton and John Foster commented on
various local issues.
9 February 12, 2013
ADJOURNMENT On order of the Interim Chair, the City Council meeting was adjourned at
12:06 a.m., in memory of William Detrixhe and Gussie Moran.
ATTEST: APPROVED:
s
Sarah P. Gorman GI m Davis
City Clerk Interim Chair
10 February 12, 2013