m-010813CITY OF SANTA MONICA
- CITY COUNCIL MINUTES
JANUARY 8, 2013
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:35 p.m., on
Tuesday, January 8, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tem O'Day (Arrived at 8:22 p.m)
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of Mayor, the City Council convened at 5:40 p.m., with Mayor
Pro Tem O'Day absent. Councilmember Vazquez led the assemblage in
the Pledge of Allegiance.
CLOSED SESSIONS Members of the public Robyn Grace and Denise Barton commented on the
City Manager evaluation closed session item.
On order of the Mayor, the City Council recessed at 5:50 pm to consider
closed sessions and returned at 6:35 pm, with Mayor Pro Tem O'Day
absent, to report the following:
1 -A: Conference with Legal Counsel — Existing Litigation: Merrill
Lynch Credit Corporation v. 26 Malibu LLC et al, Shahram
Elyaszadeh, Wells Fargo Bank, SMS Financial LLC, Tony Nieman,
City of Santa Monica, and International Fidelity Insurance Los
Angeles Superior Court Case No. BC465820
City Attorney Marsha Moutrie reported that there was a settlement
agreement, related to a lien in a harassment case; the lien would be
subordinated.
Motion by Councilmember McKeown, seconded by Councilmember Davis
to approve settlement, No. 9678 (CCS), related to a lien in a harassment
case, by subordinating the lien. The motion was approved by the following
vote:
January 8, 2013
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
1 -B: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b) - 4 cases: 1) Village Trailer Park 2) 2401
Beverly Avenue 3) 2 cases
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken, with the exception of one unnamed case that was
not discussed.
I -C: Conference with Legal Counsel —Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9 (e) — 2 cases
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken, with the exception of one unnamed case, which
was not discussed.
1 -D: Public Employee Evaluation.
Title of Employees: City Attorney, City Manager
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Denise Barton and Christel Anderson commented
on various Consent Calendar items.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tent O'Day
HOMELAND SECURITY 3 -A: Resolution Authorizing Actions Related to Acceptance of
GRANT Reprogrammed Funds for 2008 Urban Area Security Initiative (UASI)
Homeland Security Grant — recommendation to authorize the City
Manager to accept a grant awarded in the amount of $50,000 from the
Department of Homeland Security UASI to be used to procure
2 January 8, 2013
approximately 230 ADA Compliant emergency cots for the Area A cities
(including Santa Monica, Beverly Hills, Culver City and West Hollywood),
and authorize budget changes, was approved.
INSPECTION SERVICES 3 -B: Contract Modification for Deputy Inspection Services for
Parking Structure 6 — recommendation to authorize the City Manager to
negotiate and execute a first modification to Professional Services
Agreement No. 9575 (CCS) in the amount of $82,500 with Willdan
Geotechnical, to provide deputy inspection services during the demolition
and rebuilding of Parking Structure 6, resulting in a two year amended
agreement with a new total amount not to exceed $368,000, was approved.
ASBESTOS AND 3 -C: Award Bid- for Asbestos and Hazardous Materials Abatement
HAZMAT DEMO and Construction Demolition Services at Various City Facilities —
SERVICES recommendation to award Bid No. 4043 to Castlerock Environmental for
asbestos and hazardous materials abatement and construction demolition
services, in an amount not to exceed $50,000 for FY 2012 -13, with two
one -year - renewal options in -an amount not to exceed $150,000 over a
three -year period, was approved.
WITHDRAWN 3 -D: Contract for Arcadia Reservoir Roof Repair Project — was
withdrawn at the request of staff.
CALL FOR PROJECTS 3 -E: Application for 2013 Call for Projects Grant Funds —
GRANT FUNDS recommendation to adopt Resolution No. 10723 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT SEVEN
APPLICATIONS TO THE 2013 CALL FOR PROJECTS AND THE
EXECUTION OF ALL DOCUMENTS NECESSARY TO ACCEPT,
ADMINISTER, AND IMPLEMENT THE VARIOUS GRANT FUNDED
PROGRAMS AWARDED THROUGH THE METROPOLITAN
TRANSPORTATION AUTHORITY," was adopted.
VEHICLE ELECTRONIC 3 -F: Award Bid for Vehicle Electronic Equipment Service —
EQUIPMENT SERVICE recommendation to award Bid No. 4038 to Intercon Technologies, Inc. for
BID the purchase of vehicle electronic equipment and service for a term of one
year in the amount of $100,000 with two additional one -year renewal
options for a total amount not to exceed $300,000 over a three -year period,
was approved.
PRESSURE WASHER BID 3 -G: Award Bid for Pressure Washer Solution — recommendation to
award Bid No. 4040 to DeltaGreen for the purchase and delivery of
pressure wash solution for a term of one year in the amount of $50,000
with two additional one -year renewal options for a total amount not to
exceed $150,000 over a three -year period, was approved.
AUTOMATED FUEL 3 -H: Amend Contract to Automate Fuel System — recommendation to
SYSTEM authorize the City Manager to negotiate and execute a first modification to
Contract No. 9509- (CCS), with - TrapezeJnc., -in -the amount of $- 152,7-25 -to
3 January 8, 2013
provide vehicle identification and authentication modules, spare parts,
training, and related parts and services to upgrade the existing fuel
management system, resulting in a four -year amended contract with a new
total amount not to exceed $837,904, was approved.
EXPO LIGHT RAIL 3 -I: Expo Light Rail Station Names within the City of Santa Monica
STATION NAMES — recommendation that City Council make a formal recommendation to the
Metro Board to name the Expo light rail stations in Santa Monica as
follows: Downtown Santa Monica; Colorado /171t Street/SMC; 261i
Street/Bergamot; and, direct staff to work with the Exposition Construction
Authority and Metro staff for adoption by the Metro Board, was approved.
WATER - EFFICIENT 3 -J: Execute a Water - Efficient Agreement with the U.S. EPA —
AGREEMENT recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9679 (CCS), with the U.S. EPA to become a promotional
partner in the EPA's WaterSense program, was approved.
BALLONA CREEK 3 -K: Cost - sharing Monitoring Plans for the Ballona Creek
WATERSHED Watershed Bacterial, Metals and Toxics Total Maximum Daily Loads
— recommendation to authorize the City Manager to negotiate and execute
two Memorandums of Understanding Nos. 9680 (CCS) and 9681 (CCS),
with the City of Los Angeles to implement cost -share monitoring plans to
comply with the Los Angeles Regional Water Quality Control Board's
Bacterial, and Metals and Toxics Total Maximum Daily Loads
requirements for the Ballona Creek Watershed, was approved.
US CONFERENCE OF 3 -L: Authorize City's Membership in the US Conference of Mayors
MAYORS — recommendation to authorize the City Manager to authorize City's
membership in the US Conference of Mayors for an amount not to exceed
$2,634 for the remainder of FY 12 -13, was approved.
CONTINUED ITEMS: 5 -A: Development Agreement Application Processing Procedures
DEVELOPME NT and Consideration of Policy Related to Average and Minimum Unit
AGREEMENT PROCESS Sizes in Mixed -Use Residential Developments — recommendation that the
City Council affirm shifting the responsibility for hosting the initial
Development Agreement project community meeting from City staff to the
project applicant and direct staff to provide applicant with guidelines to
ensure meetings are consistent with City practice, affirm revising the float
up process as follows: a. projects requiring an Environmental Impact
Report: replace Planning Commission (PC) float up with a combined float
up meeting of PC and four members of the Architectural Review Board
(ARB); and b) projects exempt from the California Environmental Quality
Act: add a -float up with a combined meeting of PC and four members of
the ARB, direct staff to develop possible approaches to prioritizing projects
that meet certain criteria and return to Council at a future date, and direct
staff to negotiate applications for mixed -use housing projects with the goal
of achieving the recommended average unit size of 900 square feet gross
floor area and minimum unit sizes- consistent with the City's Affordable
Housing Production Program, was presented.
4 January 8, 2013
Mayor Pro Tem O'Day Members of the public Denise Barton, Christina Gerla, Jim Gerstley, Carol
arrived at 8:22 pm. Leimlein, Silke Kohler, Kay Ward, Valerie Griffin, David Hibbert and
Ryan Swanson, spoke in support of the recommendation.
Members of the public Dave Frymer, Laurel Rosen, Carl Hansen, Chris
Ring, Robert York, Michael Folonis, Robert Robledo, Sue Potter, John
Zinner, Gwynne Pugh, Jenna Linnekens, Ellis O'Connor, Stephen
Youngerman, Ron Davis, Mike Groning, Barbara Whitney, Paula Larmore,
Lewis Perkins, Ellen Hannan, Wade Killefeol, Ron Goldman, Nancy
Morse, Andrew Hoyer, Jerry Rubin, Christal Anderson, Zina Josephs, John
Dahl, Mike Salazar, John Smith, Diana Gordon, Evelyn Lauchenaer,
William Comanor, John Riddle, James Mary O'Connor, Dominic Fresquez,
Mary Marlow, John McBohn, Gloria Heller, Ellen Brennan, Parham
Akhavan, Brad Cox, Armen Melkonians, and Amy Aukstilkalnis spoke in
opposition to the recommendation.
Members of the public Dale Goldsmith, Hank Koning, Rachel Torres,
Valerie Griffin, Ken Kutcher, Bill Delvac, and Elizabeth Vandenburgh
spoke in opposition to some of the recommendation and support of some of
the recommendation.
Motion by Councilmember Davis, seconded by Councilmember Holbrook,
to hear late speaker cards for one minute each. The motion was
unanimously approved by voice vote, with all members present.
Members of the public Gregg Heacouh and Taylor Glieden spoke in
opposition to the recommendation.
Member of the public David W. Martin spoke in opposition to some of the
recommendation and in support of some of the recommendation.
Considerable discussion ensued on topics including infrastructure review,
environmental impact reports and Bergamot and Downtown plans.
Motion by Councilmember Holbrook, seconded by Councilmember
Winterer, to discuss the staff recommendations by the bullet points on the
presented power point and vote on staff s recommendation to affirm
shifting of the responsibility for the hosting of the Community meeting
from staff to the project applicant.
Motion to amend by Councilmember Winterer, which was accepted as
friendly by the maker, to affirm shifting of the responsibility for the hosting
of the Community meetings from staff to the project applicant and
additionally directing that the meetings include list of proposed community
benefits to be presented at the meeting; a clear description of Tierl by right
projects be presented; a clear description of Tiers 2 and 3 projects
exceeding Tier 1 parameters be presented; a map of the area of the
proposed project showing already built and proposed projects nearby with
5 January 8, 2013
relative height and mass be presented; and that the developer's meeting
report go to the designated organization at the same time as city staff for
comments, resulting in a balanced report of meeting with input from both
staff and residents.
Council provided further direction, which was incorporated in an approval
of the motion by voice vote. The motion was unanimously approved by
voice vote unanimously with all members present.
Motion by Councilmember Holbrook seconded by Councilmember O'Day,
to affirm revising the float up process as follows: a) projects requiring an
Environmental Impact Report: replace Planning Commission (PC) float up
with a combined float up meeting of PC and four members of the
Architectural Review Board (ARB); and b) projects exempt from the
California Environmental Quality Act.
Motion to amend by Councilmember Winterer, to eliminate votes at joint
Architectural Review Board/Planning Commission float ups before the City
Council float up; providing that the City Council's vote on the float up
would only cover whether to enter negotiations; to allow Tier one and Tier
two applicants to opt out of the float up if they agree to a longer window
for Planning Commission review; to follow staff's recommendation for
Tier three applicants; and to request staff return with suggestions regarding
giving the Architectural Review Board greater discretionary purview. The
motion was accepted by the seconder as friendly. The motion was
unanimously approved by voice vote, with all members present.
Mayor O'Connor, gave direction to staff to establish a longer window of
time for Planning Commission review. The direction was unanimously
approved by voice vote with all members present.
Staff direction was provided to return with information regarding moving
projects through the meeting process through more quickly, with Council
consensus.
CONTINUE WITH NEW Motion by Councihnember McKeown, seconded by Mayor O'Connor, to
ITEMS PAST 11:00 P.M. continue with the remaining items on the agenda past 11:00 a.m. The
motion was unanimously approved by voice vote, with all members
present.
Considerable discussion ensued regarding prioritization of projects.
Council provided direction to staff regarding prioritization.
ITEMS HEARD OUT OF On order of the Mayor, Items 13 -C and 13 -A were heard out of order.
ORDER
WESTSIDE CITIES 13 -C: Request of Mayor Pam O'Connor to appoint Councilmember
COUNCIL OF Kevin McKeown as Governing -Board Representative to the Westside
GOVERNMENTS (COG) Cities Council of Governments (COG) and designate an Alternate
6 January 8, 2013
Governing Board Representative. The Joint Powers Authority and By-
laws require each City Council to designate one of its Councilmembers
as a Governing Board Representative and one Councilmember as an
Alternate Governing Board Representative, was presented.
Motion by Mayor O'Connor, seconded by Mayor Pro Tern O'Day, to
appoint Councilmember McKeown as Representative. The motion was
unanimously approved by voice vote, with all members present.
Motion by Councilmember Winterer, seconded by Mayor Pro Tern O'Day,
to appoint Councilmember Davis as alternate. The motion was
unanimously approved by voice vote, with all members present.
ARCHITECTURAL 13 -A: Appointment to one unscheduled vacancy on the Architectural
REVIEW BOARD Review Board for a term ending on June 30, 2016 was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Kevin Daly. There being no other
nominations, Mr. Daly was appointed by acclamation, with all members
present.
ADMIN. ITEMS: 8 -A: Discontinue On -Going Funding to the Pico Youth and Family
HUMAN SERVICE Center (PYFC), a Grantee of the Human Services Grants Program
GRANT (HSGP) through the Expiration of the "Last Chance Agreement" with
Social and Environmental Entrepreneurs (SEE) — recommendation that
the City Council discontinue on -going funding of PYFC, a grantee of the
Human Services Grants Program through the expiration of the "Last
Chance Agreement" with SEE; and authorize the City Manager to negotiate
and execute a modification to Contract No. 9605 in an amount not to
exceed $78,805 with SEE to close -out outstanding financial and reporting
obligations including compensation (up to three months) for PYFC staff,
was presented.
Members of the public Jerry Rubin, Pavlina Sahagun, Rachel Tones,
Cluistel Andersen, Oscar de la Torre Treyone Qualls, Leila Steinberg, Chad
Sells, Francisco Juarez, Manny Bravo, Markashia Jeter, Ruben Pachecho,
Michelle Castillo, Chris Nunez, Angel Villasenor, Albert Meza, Selina
Barajas, Ruth Ramos, Alejandro Aldana, Johnny Ramirez, Myner Godoy,
Diane Romo, Sam Scheller, , Natalie Hernandez, Julian Ayala, Elias Serna,
Nury Chavez, Gabriel Avila, Ramon Romo, Marcus Tappen, Susana, Joey
Bravo, Teresa Vivano, Joanna Villegas, Ian Glover, Josue Rojas, Kasey
Aparicio, Santiago Andres Garcia, Jasmine Jamison, Elena Pina, David
Killian, Maria Loya, Gina de Vaca, Marcos Santana, 011a Mitchell, Cheryl
Rich, Diana, Fabiloa Blom, Chrisina Davila, Anayeli Rivas, Aces Lira, Ira
McAliley, Lisette Castillo, Omari Hughes, Justin Mendez, Alfredo Avila,
Monica Sagahun, Denise Neal, Maria Leon - Vazquez, and Lydia Ponce
spoke in opposition to the recommendation.
7 January 8, 2013
Members of the public Amanda Seward, Judy Spiegel, and Jill Moniz
spoke regarding the recommendation.
Considerable discussion ensued on topics including how to best serve the
population.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to direct staff to engage with the community to discuss how best
to serve this population; continue the funding through June 30, 2013; direct
staff to engage in a dialogue with our partners, community leaders and non-
profit leaders, particularly those who are engage in the Cradle to Career
Network about the best way to provide the services to this population, 16 —
24 year old at -risk young people, then generating a request for proposals by
the end of March which persons or organization(s) would be best to provide
those services on an on -going basis; this would not preclude the Pico Youth
and Family Center from reconstituting itself and making its own proposal
or joining with another organization to combine their capabilities to be able
to provide those services, and at the same time meet the fiduciary and
management responsibilities of receiving public grant dollars. The motion
was approved by the following votes:
AYES: Councilmembers McKeown, Winterer; Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None.
ABSENT: None.
COUNCIL ITEMS: 13 -B: Request of Councilmembers McKeown, Vazquez and Winterer
that staff provide information, options, and recommendations
SUSTAINABILITY regarding the impacts on Santa Monica's various sustainability goals
GOALS of recent state and SLAG actions on CEQA rules for transit - oriented
development, including but not limited to land use discretion,
availability of information to assess project impacts- on traffic,
mobility, and air quality, and protection and retention of existing
affordable housing stock.
On order of the Mayor, this item was continued to the January 22nd
meeting.
HOUSING PROJECTS 13 -D: Request of Councilmembers Davis and Winterer that staff draft
for the next Council meeting both a regular ordinance and an
emergency ordinance effective 1/8/13 to eliminate administrative
approvals of housing projects of 50 or fewer units providing 100%
moderate income units and instead allow for administrative approval
of projects of 50 or fewer units with a maximum of 75% of the units
restricted to moderate income households and the remainder restricted
to low income, very low income or extremely low income households.
8 January 8, 2013
On order of the Mayor, this item was continued to the January 22nd
meeting.
LUCE STRATEGIES 13 -E: Request of Councilmembers Holbrook and Winterer that staff
report as soon as possible on implementation of LUCE strategies for
reducing traffic and enhancing circulation.
On order of the Mayor, this item was continued to the January 22nd
meeting.
PUBLIC INPUT: Member of the public Denise Barton commented on various local concerns.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 2:55
a.m. in memory of Huell Howser.
ATTEST:
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Sarah P. Gorman
City Clerk
APPROVED:
Pam O'Connor
Mayor
January 8, 2013