m-040913CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 9, 2013
A regular meeting of the Santa Monica City Council was called to order by City Clerk Sarah Gorman at 5:32
p.m., on Tuesday, April 9, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived at 5:40 p.m.)
Mayor Pro Tem Terry O'Day (arrived at 5:34 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 the City Clerk, the City Council convened at 5:32 p.m., with
Mayor Pro Tem O'Day and Mayor O'Connor absent. Danielle Noble led
the assemblage in the Pledge of Allegiance.
INTERIM CHAIR In absence of the Mayor and Mayor Pro Tem, the City Clerk opened up
the floor for nominations for an Interim Chair. Motion by Councilmember
Winterer seconded by Councilmember Holbrook to nominate
Councilmember McKeown as Interim Chair. The motion was approved
unanimously by voice vote with Mayor Pro Tern O'Day and Mayor
O'Connor absent. The meeting was turned over to Interim Chair
McKeown.
CLOSED SESSIONS Member of the public Denise Barton commented on various closed
(Mayor Pro Tem O'Day session items.
arrived at 5:34 p.m. and
assumed the Chair.) On order of the Mayor Pro Tem, the City Council recessed at 5:35 p.m., to
consider closed sessions and returned at 6:38 p.m., with all members
present, to report the following:
1 -A: Public Employee Evaluation,
Title of Employees: City Manager and City Attorney
City Attorney Moutrie reported that this item was not heard.
1 -B: Conference with Real Property Negotiator:
April 9, 2013
CONSENT CALENDAR:
Property: 2525 Michigan Avenue
City Negotiator: Andy Agle, Dir. Housing and Economic
Development
Under Negotiation: Interest in Real Property
Owner of Record: City of Santa Monica
City Attorney Moutrie reported that this item was heard but no reportable
action was taken.
1 -C: Conference with Legal Counsel —Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1) - City of Santa Monica; Successor Agency to
the Redevelopment Agency of the City of Santa Monica; Community
Corporation of Santa Monica v. California Director of Finance, Ana
J. Matosantos; California State Board of Equalization; Wendy L.
Watanabe, Los Angeles County Controller, Sacramento Superior
Case Number 34- 2013 - 80001382
City Attorney Moutrie reported that this item was heard but no reportable
action was taken.
1 -D: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9- (d)(2) — I case: 2009- La -Mesa-
City Attorney Moutrie reported that this item was heard but no reportable
action was taken.
1 -E: Conference with Legal Counsel - -Potential Litigation:
Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9 (d)(4) —1 case
City Attorney Moutrie reported that this item was heard but no reportable
action was taken.
All items were considered and approved in one motion unless removed by
a Councilmember for discussion.
Members of the public Denise Barton and Joy Fulmer commented on
various Consent items.
Motion by Councilmember Vazquez, seconded by Mayor Pro Tem
O'Day, 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,
April 9, 2013
Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
ELECTRIC VEHICLES 3 -A: Reject Award for the Purchase of Toyota RAV4 Electric
Vehicles — recommendation to reject the award of a purchase order to
National Auto Fleet Group in an amount not to exceed $554,651 for ten
Toyota RAV4 electric vehicles, and direct staff to initiate a formal bid for
the purchase of the vehicles, was approved.
OFFICE OF 3 -B: Office of Emergency Management Lease — recommendation to
EMERGENCY authorize the City Manager to negotiate and execute a month -to -month
MANAGEMENT Lease No. 9722 (CCS) with 2800 Wilshire, LLC, -at a rate -of $1.00 per
month for the storage of essential emergency management supplies, was
approved.
PRINT SHOP/ MAIL 3 -C: Amendment to Print Shop and Mail Room Lease —
ROOM LEASE recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 9450 (CCS), with STG Three Properties,
LLC, in the amount of $8,240 per month to extend the lease at 1660
Lincoln Boulevard to accommodate continued occupancy by the Print
Shop and Mail Room through March 31, 2014, was approved.
UTILITY 3 -1): Contract for City Net Utility Undergrounding and Excavation
UNDERGROUNDING — recommendation to authorize the City Manager to negotiate and execute
Contract No. 9723 (CCS) with KDC, Inc. dba Dynalectrie, in an amount
not to exceed $400,000 to provide utility undergrounding, excavation, and
construction services related to the City's fiber optic network, and
authorize any necessary change orders, was approved.
SPECIALTY CAMPS 3 -E: Agreement with Socceropolis for Specialty Camps and Classes
— recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9724 (CCS) with Socceropolis, in an amount not to exceed
$150,000_ for - specialty camps and classes for FY 2013-14; agreement with
for one year with an option to renew for two additional one -year terms,
was approved.
SETTLEMENT 3 -F: Settlement Agreement for Fire Fighter In- Service Training
AGREEMENT Program — recommendation to authorize the City Manager to negotiate
and execute Settlement Agreement No. 9725 (CCS) with El Camino
Community College, in the amount of $19,707 for Fire Fighter In- Service
Training Program, was approved.
FILM PERMITS 3 -G: Professional Service Agreement for Film Permit Coordination,
Notification, and Monitoring Services — recommendation to authorize
the City Manager to negotiate and execute Professional Service
Agreement No. 9726 (CCS) with Film L.A., Inc., to provide film permit
coordination, notification, and monitoring services for filming activities on
April 9, 2013
public property, public right -of -way, and in City facilities, at no cost to the
City; agreement would be for three years with two additional one -year
renewal options, was approved.
VEHICLE TIRES 3 -H: Purchase Order Modification for Vehicle Tires -
recommendation to approve a modification to purchase order #20921 -OF
in the amount of $28,813 with Byron Woodley Tire Company to cover the
anticipated purchase, delivery and repair of light -duty and passenger
vehicle tires for the remainder of FY 2012 -13, to result in a revised
purchase order total not to exceed $80,813 through June 30, 2013, was
approved.
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2421 (CCS)
SUSTAINABILITY entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
RIGHTS OF SANTA MONICA ESTABLISHING SUSTAINABILITY RIGHTS ",
was presented.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to adopt Ordinance No. 2421 (CCS), reading 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 Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
VILLAGE TRAILER 7 -B: Second reading and adoption of Ordinance No. 2422 (CCS)
PARK entitled,: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A
MUNICIPAL CORPORATION, VILLAGE TRAILER PARK LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, AND VILLAGE
TRAILER PARK INC., A CALIFORNIA CORPORATION ", was
presented.
Motion by Councilmember McKeown, second by Councilmember
Winterer, to pose a question to Applicant Marc Luzzatto. The motion was
approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day
NOES: Mayor O'Connor
ABSENT: None
Mr. Luzzatto responded to questions from Council.
Staff responded to questions from Council.
April 9, 2013
Motion by Mayor Pro Tem O'Day, seconded by Councilmember
Holbrook, to adopt Ordinance No. 2422 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Davis, Mayor Pro Tem O'Day,
Mayor O'Connor
NOES: Councilmembers McKeown, Winterer, Vazquez
ABSENT: None
Councilmember McKeown would like the record to show that his "no"
vote was reflects disappointments over a miscalculated FAR, lack of
clarity on the protection afforded the remaining residents during
construction and how the relocated residents can pursue their grievances
and complete disappointment in the insufficient affordability represented
by this project.
Councilmember Winterer would like the record to reflect that this "no"
vote was driven by concerns about the floor area ratio calculations, which
was dismaying because of the only code required affordable housing out
of a Tier 3 or possibly greater project, that floor area calculations have
also driven the design, which is inappropriate for the area, that the City has
not tried hard enough to get enough PV out the project or an aggressive
AVR target, and did not deal with unit mix satisfactorily.
MAIN STREET VENDING 7 -C: Introduction and first reading of an Ordinance Amending
Section 6.36.095 of the Municipal Code in Order to Limit Late Night
Vending Activities on Main Street, was presented.
There was no one present for public comment.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor O'Connor
NOES: Mayor Pro Tem O'Day
ABSENT: None
PEDICAB 7 -D: Introduction and first reading of an Ordinance adding Santa
REGULATIONS Monica Municipal Code Chapter 6.50 to establish pedicab
regulations, amend Section 3.12.550 to prohibit pedicabs from
operation on the Beach Bike Path, and amend Section 6.48.030- to
require pedicabs to have a business license; and adopt Resolution No.
10748 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA SETTING PEDICAB PERMIT
April 9, 2013
FEES," was presented.
Staff provided information in response to Council questions.
Member of the public Jerry Rubin spoke in support of the recommended
action.
Members of the public Denise Barton, Jay Miller, Linda Armstrong, and
John C. Smith spoke in opposition to the recommended action.
Motion by Councilmember McKeown; seconded by Councilmember
Davis, to introduce the ordinance for first reading and adopt Resolution
No. 10748 (CCS), reading by title only and waiving further reading
thereof.
Motion to amend by Councilmember Davis, to move the recommended
action and also request a report back to Council in six months. The
motion was accepted as friendly by the maker of the motion.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
STAFF ITEMS: 8 -A: Adoption of a Resolution Setting Public Parking Rates —
PUBLIC PARKING recommendation to adopt Resolution No. 10743 (CCS) entitled: "A
RATES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING PARKING RATES AND PERMIT FEES
FOR ALL CITY PARKING FACILITIES AND RESOURCES ", was
presented.
Member of the public Jerry Rubin spoke in support of the recommended
action.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: Councilmember Holbrook
ABSENT: None
SPECIAL JOINT On order of the Mayor, the City Council convened to a joint meeting with
MEETING the Housing Authority at 8:01 p.m., with all members present.
April 9, 2013
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced that Council
COMPENSATION will receive $50 for meeting as the Housing Authority.
PUBLIC HEARINGS: 9 -A: Draft FY 2013 -14 Housing Authority Annual and
HOUSING AUTHORITY Administrative Plans — recommendation that the Housing Authority and
City Council: hold a public hearing to receive public comment; adopt the
Housing Authority's FY 2013 -14 Annual Plan which includes revisions to
the Administrative Plan; and authorize the submission of the
Administrative Plan to the United States Department of Housing and
Urban Development (HUD), was presented.
Member of the public Chtistel Andersen spoke regarding the
recommended action.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern
O'Day, to approve the recommendation. The motion was approved by the
following vote:
AYES: Authority /Councilmembers - McKeown, Winterer, Holbrook,
Davis,Vazquez, Chair /Mayor Pro Tern O'Day,
Chair /Mayor O'Connor
NOES: None
ABSENT: None
ADJOURNMENT OF On order of the Chair/Mayor, the joint meeting of the City Council and the
SPECIAL JOINT Housing Authority was adjourned at 8:06 p.m., and the regular City
ME ETING Council was reconvened at 8:06 p.m., with all members present.
COUNCIL_ ITEMS: 13 -A: - Appointment to one unscheduled - vacancy on the Recreation -
RECREATION AND and Parks Commission for a term ending on June 30, 2015, was
PARKS COMMISSION presented.
Councilmember Winterer nominated Albin Gielicz.
Councilmember McKeown nominated John Cyrus Smith.
Councilmember Holbrook nominated Steve Duron.
On a vote of the Council, Mr. Gielicz was appointed by the following
vote:
Gielicz: Councilmembers Vazquez, Davis, Winterer,
Mayor Pro Tern O'Day, Mayor O'Connor
Smith: Councilmember McKeown
Duren: Councilmember Holbrook
Councilmembers Holbrook and McKeown requested to change their votes
7 April 9, 2013
to Mr. Gielicz, thereby appointing Mr. Gielicz by acclamation, with all
members present.
BERGAMOT AREA PLAN 13 -B: Request of Councilmembers Davis, McKeown, and Vazquez
that the Council authorize staff, as part of continuing work on the
Bergamot Area Plan, to explore options for creating a "high
affordability housing" requirement as part of the Plan, congruent
with Section 630 of the City Charter and with City staff's statement in
the Bergamot Area Plan report to the Planning Commission on
December 12; 2012, that "Staffs analysis has concluded that to make
living in the plan area a genuine choice for 75% of the employees, rent
levels would need to be between $1000 to $1500 per month for a single
or one bedroom unit "; and return to Council as soon as possible with
recommendations, was presented.
Member of the public Christel Andersen spoke regarding the
recommended action.
Discussion ensued regarding housing issues.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to approve the requested action. The motion was unanimously
approved by voice vote, with all members present.
DISCRETIONARY FUND 13 -C: Request of Councilmembers Davis and Winterer that the
EXPENDITURE -Council authorize an expenditure of $7500 from its discretionary fund
to the Public Policy Institute Fund of the Santa Monica College
Foundation to defray expenses of the Institute's May 13 -16th Spring
Symposium: "Urban Youth: Fostering Success Through Grit. ", was
presented.
Member of the public Christel Andersen spoke in support of the
recommended action.
Motion by Councilmember Vazquez, seconded by Councilmember Davis,
to approve the requested action. 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
COUNCIL TRAVEL 13 -1): Request of Councilmember Vazquez that the Council authorize
the use of Council travel funds for the purpose of attending the
National Association of Latino Elected and Appointed Officials
(NALEO) 30th Annual Conference, June 27 - 29, 2013 in Chicago,
Illinois and for Councilmembers to become members of this
April 9, 2013
organization for an annual membership fee of $100 per
Councilmember, was presented.
Member of the public David Whatley spoke in support of the
recommended action.
Motion by Mayor O'Connor, seconded by Mayor Pro Tern O'Day, to
approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton, Jerry Rubin, Garret Stewart and
Christel Andersen commented on various local items.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:45
p.m. in memory of Leo Lawrence Bourget, Joseph Hartel, and Alice
Carriere.
T ES APPROVED:
arah P�Gorman Tayor'City Clerk
9 April 9, 2013