m-022613CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 26, 2013
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:32
p.m., on Tuesday, February 26, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:50 p.m)
Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez (arrived at 5:50 p.m.)
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 5:32p.m., with Mayor
O'Connor and Councilmember Vazquez absent. Councilmember Davis led
the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Members of the public Catherine Eldridge and Bob Brunner commented on
Item 1 -C.
On order of the Mayor Pro Tem, the City Council, recessed at 5:36 p.m., to
Mayor O'Connor and consider closed sessions and returned at 7:20 p.m., with all members
Councilmember Vazquez present, to report the following:
arrived at 5:50 pm.
1 -A: Conference with Labor Negotiator
City Negotiator: Donna Peter, Director of Human Resources
Bargaining Units: Administrative Team Associates (ATA)
Municipal Employees Association (MEA)
Supervisory Team Associates (STA)
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -13: Conference with Legal Counsel —Existing Litigation: Kennedy
v. City of Santa Monica, Los Angeles Superior Court Case No. 113020
February 26, 2013
City Attorney Marsha Moutrie recommended a Settlement agreement in the
amount of $115,000 for this trip and fall case from a displaced sidewalk.
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to approve the recommended Settlement Agreement No. 9716 (CCS). The
motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tempore Terry O'Day, Mayor
O'Connor
NOES: None
ABSENT: None
I -C: Conference with Legal Counsel - Existing Litigation: Village
Trailer Park v. City of Santa Monica, Los Angeles Superior Court
Case No. RS141223
The City Attorney advised 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
The City Attorney advised this matter was heard and no reportable action
was taken.
SPECIAL AGENDA 2 -A: Proclamation declaring March 2013 as "Women's History
ITEMS: Month" and 2013 Report on Status of Women and Girls (CCS), was
presented to the Commission on the Status of Women by Mayor O'Connor.
CONSENT CALENDAR: Members of the public Joy Fulmer, Jeff Segal, Michael Joney, Denise
Barton and Jerry Rubin commented on various Consent Calendar items.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
At the request of Councilmember Vazquez, Items 3 -A and 3 -H were
removed from the Consent Calendar. At the request of Councilmember
McKeown, Item 3 -B was removed from the Consent Calendar.
Motion by Councilmember Davis, seconded by Councilmember Holbrook,
to approve the Consent Calendar, excepting items 3 -A, 3 -B, and 3 -H,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
February 26, 2013
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tempore O'Day, Mayor O'Connor
NOES: None
ABSENT: None
EMERGENCY 3 -C: Award Purchase Order for the Purchase of ADA Compliant
SHELTERING Cots — recommendation to authorize a Purchase Order to Joffe Emergency
Services, in the amount of $50,000 for FY 2012 -13, to purchase 200 -250
ADA compliant emergency sheltering cots, was approved.
SLURRY MATERIALS 3 -D: Purchase Order Amendment for Street Maintenance Slurry
Material — recommendation to amend Purchase Order No. 342316 -OP
with Petrochem Manufacturing, Inc. in the amount of $338,333.76 for the
purchase and delivery of slurry materials, resulting in a total purchase order
amount of $434,333.76, was approved.
LANDSCAPE 3 -E: Caltrans Agreement for Maintenance of Landscape Area within
MAINTENANCE State Highway Right -of -Way — recommendation to authorize the City
Manager to negotiate and execute Agreement No. 9711 (CCS) with
California Department of Transportation for the maintenance of landscape
areas within the State Highway right -of -way located above the McClure
Tunnel at the intersection of Ocean Avenue and Colorado Boulevard, was
approved.
PARKING STRUCTURES 3 -F: Professional Services Agreement for Elevator Improvements in
Parking Structures 2, 4, and 5 — recommendation to authorize the City
Manager to negotiate and execute a Professional Services Agreement No.
9712 (CCS) with IDS Group in an amount not to exceed $191,840 to
provide design and preconstruction services for the elevator improvements
in Parking Structures 2, 4, and 5, was approved.
VEHICLE DONATION 3 -G: Donation of vehicles to the Terry Farrell Firefighter Fund —
recommendation to authorize the City Manager to donate five used Fire
Department support vehicles by transfer of title to and execute an
Agreement No. 9713 (CCS) with the Terry Farrell Firefighters Fund for the
Fire Departments severely affected by Hurricane Sandy, was approved.
PURCHASE POOL 3 -I: Award Bid for the Purchase of Pool Chemicals for the
CHEMICALS Annenberg Community Beach House — recommendation to award Bid
No. F4027 to Commercial Aquatic Services in an amount not to exceed
$30,250 to furnish and deliver chemicals for the pool at the Annenberg
Community Beach House, with two one -year renewal options for a total
amount not to exceed $130,250 over a three -year period, was approved.
1401 OCEAN AVENUE 3 -J: License Agreement for Private Encroachments into the Public
Right -of -Way at 1401 Ocean Avenue — recommendation to authorize the
City Manager to negotiate and execute a 10 -year license Agreement 9715
(CCS) with King's Seafood Company LLC, with option to renew for two
February 26, 2013
additional 5 -year terms, for the construction of new landscaping and a
concrete stairway and access ramp in the public right -of -way on Ocean
Avenue for an area up to 490 square feet and charge fees for the net
increase in encroachment area up to 150 square feet in the amount of
$3,656 annually, was approved.
PIER BRIDGE 3 -K: Pier Bridge Interim Pedestrian Safety Improvements—
recommendation to authorize the City Manager to negotiate and execute a
first modification to Contract No. 9690 (CCS) in the amount of $150,000
with Meek Shea, Joint Venture, to implement Pier Bridge interim
pedestrian safety improvements, with a new contract amount not to exceed
$8,350,000; and appropriate budget changes, was approved.
CITY INVESTMENT 3 -L: Annual Update on City Investment Policy — recommendation that
POLICY City Council: approve a revised City Investment Policy; approve
divestment of all City investments from fossil fuel companies as defined by
350.org guidelines; extend the delegation of investment authority to the
Director of Finance, as City Treasurer, from March 1, 2013 through
February 28, 2014; adopt Resolution Nos. 10734 (CCS) entitled: "A
Resolution Of The City Council Of The City Of Santa Monica Authorizing
The Establishment And Use Of Bank And Brokerage Accounts And
Updating The List Of Persons Authorized To Conduct Transactions With
The State Local Agency Investment Fund" and 10735 (CCS) entitled: "A
Resolution Of The City Council Of The City Of Santa Monica Establishing
Investment Instructions For The Cemetery And Mausoleum Perpetual Care
Funds;" and recommendation that the Successor Agency Governing Board:
review and approve the City's Investment Policy for Successor Agency
Investments; approve divestment of all Successor Agency investments from
fossil fuel companies as defined by 350.org guidelines; extend investment
authority to the Treasurer of the Successor Agency, from March 1, 2013
through February 28, 2014; and adopt Resolution No. 14 (SA) entitled: "A
Resolution Of The Santa Monica Redevelopment Successor Agency
Authorizing The Establishment And Use Of Bank And Brokerage
Accounts And Updating The List Of Persons Authorized To Conduct
Transactions With The State Local Agency Investment Fund For LAIF
Account Number 6519064," was approved.
MINUTES 3 -A: Approval of minutes of the October 2 and October 23, 2012, City
Council meetings, were presented.
Councilmember Vazquez advised that he removed this item because he was
not a Councilmember at the meetings in question and accordingly will
abstain from the vote.
Motion by Mayor O'Connor, seconded by Councihnember McKeown, to
approve the minutes, as submitted. The motion was approved by the
following vote:
February 26, 2013
AYES: Councilmembers Davis, Holbrook, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
ABSTAIN: Councilmembers Vazquez ,Winterer
FIRE INSPECTIONS 3 -B: Adopt Resolution No. 10733 (CCS) entitled: "A Resolution Of
The City Council Of The City Of Santa Monica Establishing Responsibility
For Payment For Annual Fire Inspections Of Commercial Buildings," was
presented.
Councilmember McKeown advised that he removed this item because he
wanted to receive further information from staff. Staff provided
information in response to his request.
Motion by McKeown, seconded by Councilmember Davis to adopt
Resolution No. 10733 (CCS) reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tom O'Day, Mayor O'Connor
NOES: None
ABSENT: None
CRADLE TO CAREER 3 -H: Modification of Agreement Related to Cradle to Career
INITIATIVE Initiative — recommendation to authorize the City Manager to negotiate
and execute Professional Services Agreement No. 9714 (CCS)with
Jonathan Mooney, consultant in the amount of $107,500 to provide
strategic planning, facilitation, and support to the City's Cradle to Career
Initiative, resulting in a two -year and six month agreement for the period
Jan. 1, 2012 — June 30, 2014, for a total amount of $177,500, and
appropriate budget changes, was approved.
Councilmember Vazquez advised pulled this item because he wanted to
receive further information from staff.
Motion by Councilmember McKeown seconded by Councilmember Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tom O'Day, Mayor O'Connor
NOES: None
ABSENT: None
February 26, 2013
ORDINANCES: 7 -A: Second reading and adoption of Ordinance 2416 (CCS) entitled:
PARKING MANAGMENT "An Ordinance Of The City Council Of The City Of Santa Monica
Amending Santa Monica Municipal Code Section 3.04.050 Relating To
Payment For Parking, Adding Section 3.12.905 Relating To Temporary No
Parking Permits, And Amending Section 3.36.280 Relating To City -Owned
Parking Facilities," was presented.
Motion by Councihnember Holbrook, seconded by Councilmember
Winterer, to adopt Ordinance No. 2416 (CCS), ready by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tempore O'Day, Mayor O'Connor
NOES: None
ABSENT: None
AFFORDABLE HOUSING 7 -B: Second reading and adoption of Ordinance No. 2417 (CCS)
entitled: "An Ordinance Of The City Council Of The City Of Santa
Monica Amending Interim Ordinance Number 2407 (CCS), Which
Established Interim Development 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, The
Replacement Of Existing Public Parking Spaces Within Public Parking
Structures In BSC -2 And C3 -C Zoning Districts, And Authorization Of
Existing Nonconforming Automobile Dealership Uses And Minor
Expansions Thereto In Residential And "A" Off - Street Parking Overlay
Zones, To Modify The Requirements For Ministerial Processing Of 100%
Affordable Housing Of 50 Or Fewer Units," was presented.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt Ordinance No. 2417 (CCS), ready by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
DEVELOPMENT 7 -C: Second reading and adoption of Ordinance No. 2418 (CCS)
AGREEMENTS entitled: "An Ordinance Of The City Council Of The City Of Santa
Monica Amending Santa Monica Municipal Code Section 9.48.090 To
Extend The Time Period For The Planning Commission To Make A
Formal Recommendation On A Development Agreement To The City
Council And To Clarify Existing Law And Practice," was presented.
February 26, 2013
Motion by Councilmember McKeown seconded by Councilmember Davis,
to adopt Ordinance No. 2418 (CCS), ready by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tempore O'Day, Mayor O'Connor
NOES: None
ABSENT: None
SIGNS 7 -D: Introduction and first reading of an Ordinance making
permanent the provisions of Ordinance No. 2936 (CCS) that
established a new permitted temporary portable sign type for
properties located with the Main Street Commercial zoning district,
was presented.
Members of the public Caitlin McGinnis, Jerry Rubin, and Gary Gordon
spoke in favor of the recommendation.
Motion by Councilmember Winterer, seconded by Councilmember
Holbrook, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof.
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tempore O'Day, Mayor O'Connor
NOES: None
ABSENT: None
TRANSPORTATION 7 -E: Introduction and first reading of an ordinance to establish a
IMPACT FEE Transportation Impact Fee to facilitate developer contributions to
transportation network improvements and the achievement of no net
new trips in the afternoon peak hour, was presented.
Members of the public Jerry Rubin, Elizabeth Van Denbury, Scott Sing,
Gloria Garvin, Zina Josephs, Kent Strumpell, Mary Marlow, Cynthia Rose,
Bryan Beretta, John C. Smith, Gary Kavanaugh, and John Petz spoke in
favor of the recommendation.
Members of the public Ellen Hannan, Ellis O'Connor, Susan Gabriel
Potter, Carl Hansen, Brad Cox, Julia Ladd, Dale Goldsmith, Dave Rand,
and Kathleen Rawon, spoke in opposition to the recommendation.
Considerable discussion ensued including such topics as affordable
housing, second floor retail, transportation infrastructure, use of unit size in
the study, and location efficiency.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof, including the amendments suggested
February 26, 2013
by staff, which include a revised Area Types Map in Section 9.73.030, a
revised Area 1 description in Section 9.73.030(a) to match map, a revised
Area 3 Overlay definition in Section 9.73.030(c), corrections to subsection
references in Section 9.73.040(a)2.(C), correction to Area 3 reference in
Section 9.73.040(a)6 (Page 13), revision to reference to credit for outdoor
uses for service stations or auto dealer in Section 9.73.040(a)7, revision to
automatic adjustment clause for vesting tentative maps in Section
9.73.040(b) 1, and revision to the construction cost index study description
in Section 9.73.080 from "engineering construction cost" to "construction
cost."
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tempore O'Day, Mayor O'Connor
NOES: None
ABSENT: None
STAFF ITEMS: 8 -A: Adopt Santa Monica's 15 x 15 Climate Action Plan —
CLIMATE ACTION PLAN recommendation that City Council: Adopt the 15 x 15 Climate Action Plan;
establish additional community greenhouse gas emissions reduction targets
of 30% reduction of emissions below 1990 by the year 2030 and 80%
reduction below 1990 by 2050; and direct staff to analyze the feasibility
and cost of reducing greenhouse gas emissions in municipal operations,
was presented.
Members of the public Jerry Rubin, Zina Josephs, Gary Kavenaugh, and
Michael Toney spoke in favor of the recommendation.
Members of the public Denise Barton spoke in opposition to the
recommendation.
Discussion ensued regarding solar incentives, timing of implementing
goals, urban runoff, increased in municipal emissions, and airport
emissions.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to approve the recommendation action.
Motion to amend by Councilmember Davis, to additionally require periodic
requests to Council. The maker and seconder accepted the motion to
amend as friendly.
Motion to amend by Mayor O'Connor, to use the language "act of
transportation and universal access" in lieu of "alternative modes of
transportation." The maker and seconder accepted the motion as friendly.
February 26, 2013
The motion with amendments was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
COUNCIL ITEMS: 13 -A: Request of Councilmember McKeown that, pursuant to
AFFORDABLE HOUSING discussions at the February 21st Housing Commission meeting,
Council authorize staff to prepare an ordinance amending affordable
housing income and rent level standards so as to better provide true
affordability, was presented.
Councilmember Holbrook
was excused at 10: 30 p. m.
PUBLIC INPUT:
Members of the public Denise McGranahan and Michael Tarbet spoke in
favor of the recommendation.
Motion by Councilmember McKeown seconded by Councilmember
Davis to approve the request.
Motion to amend by Councilmember McKeown, to direct staff to work
with the Legal Aid Foundation of Los Angeles and others who helped
generate the document. The maker and seconder accepted the motion to
amend as friendly. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
Members of the public Michael Joney, Denise Barton, Garnet Steward and
John Foster commented regarding various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at
10:45p.m. in memory of Aida Cynthia DeSantis, Colby West and Robert
Long.
ATTEST: APPROVED:
Sarah P. Gorman Pam O'Connor
City Clerk Mayor
9 February 26, 2013