m-042313CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 23, 2013
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:31
p.m., on Tuesday, April 23, 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 5:40 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 the Mayor Pro Tem, the City Council convened at 5:31 p.m.,
with Mayor O'Connor and Councilmember Vazquez absent.
Councilmember Davis led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS On order of the Mayor Pro Tem, the City Council recessed at 5:32 p.m., to
consider closed sessions and reconvened at 6:59 p.m. to report the
following action taken:
1 -A: Conference with Legal Counsel— Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (d)(2) — 4 Cases - 1) Claim of Danny Galvan &
Sandra Ramirez— Claim Number 12 -1050 2) 2009 La Mesa
3)Regiomd Water Quality Control Board - City of Santa Monica
Order and Proposed Settlement No. R4- 2011 -0185M (Hydraugers
Installation Project Palisades Bluff) 4) 1 case
City Attorney Marsha Moutrie advised that these matters were heard and no
reportable action was taken.
1 -B: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
April 23, 2013
Section 54956.9 (d)(1) - Santa Monica Lodge No. 906, Benevolent and
Protective Order of Elks of the United States of America v. City of
Santa Monica, Los Angeles Superior Case Number BC 483305.
City Attorney Marsha Moutrie advised that this matter was heard and no
reportable action was taken.
1 -C: Threat to Public Services or Facilities:
Consultation with Police Chief Seabrooks
City Attorney Marsha Moutrie advised that this matter was heard and no
reportable action was taken.
SPECIAL AGENDA 2 -A: Recognition of April 2013 as Fair Housing Month, was presented
ITEMS: to the Mayor.
2 -B: A presentation from Grades of Green/Muir /SMASH, was
presented to the Mayor.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Denise Barton and Brian Hutchings expressed
concern regarding various Consent Calendar items.
At the request of Councilmember Vazquez, Item 3 -A was removed from
the Consent Calendar. At the request of the City Manager, Item 3 -G was
removed from the Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve the Consent Calendar with the exception of Items 3 -A
and 3 -G, reading resolutions by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, McKeown, Vazquez,
Winterer, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
1550 PCH 3 -B: Authorization from the City Manager to negotiate and execute
a License Agreement with Cirque du Soleil for Use of a Portion of the
1550 PCH Parking Lot — recommendation to authorize the City Manager
to negotiate and execute License Agreement No. 9728 (CCS) with Cirque
du Soleil for use of a portion of the 1550 PCH parking lot for theatrical
performances from January 2 through March 29, 2014, was approved.
April 23, 2013
2525 MICHIGAN 3 -C: 2525 Michigan Purchase and Sale of Parcel —recommendation to
authorize the City Manager to negotiate and execute purchase and sale
Agreement No. 9729 (CCS) with the Exposition Construction Authority to
sell a 19,389- square -foot portion of City -owned property at 2525 Michigan
Avenue for the construction and operation of the Exposition Light Rail
Transit station, was approved.
AUDITS- 3 -1): Agreement with MuniServices, LLC for Utility Users Tax and
Franchise Fee Audit and Revenue Enhancement Services —
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9730 (CCS) with MuniServices, LLC for a fixed fee
component of $425,000 for a five year term plus a contingency fee
component for certain specific audits for the City for Utility Users Tax
(UUT) and Franchise Fee audit and revenue enhancement services, was
approved.
LINCOLN BOULEVARD 3 -E: Award Construction Contracts for Lincoln Boulevard
Resurfacing Project, Federal Aid Project No. STPL -5107 (034) —
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9731 (CCS) with Sully - Miller Contracting Co., in an amount
not to exceed $2,010,872 for the resurfacing of Lincoln Boulevard from the
Santa Monica Freeway to the southern City limit; authorize the City
Manager to negotiate and execute Contract No. 9732 (CCS) with Onward
Engineering, in an amount not to exceed $176,000 for construction
management and inspection services for the resurfacing of Lincoln
Boulevard; authorize the issuance of an after -hours construction permit to
perform work between the hours of 8 PM and 6 AM, Monday through
Friday over the project duration, contingent on satisfying notification
requirements as contained in Santa Monica Municipal Code 4.12.110; and
authorize the Director of Public Works to issue any necessary change
orders to complete additional work within budget authority, was approved.
CITY CORPORATION 3 -F: Agreement Modification for Environmental Services for City
YARD /OLYMPIC WELL Corporation Yard and Olympic Well Field — recommendation to
FIELD authorize the City Manager to negotiate and execute a third modification to
Agreement No. 8914 (CCS) with ICF Consulting Services, LLC, in the
amount of $1,370,805 to provide groundwater monitoring, well installation,
technical oversight, and support services for Olympic Well Field; and
appropriate the budget increases as outlined in the Financial Impacts and
Budget Actions of this report, was approved.
MINUTES 3 -A: Approval of minutes of the November 27, and the December 11,
2012, City Council meetings, were approved as submitted.
Councilmember Vazquez requested the minutes for November 27, 2012
April 23, 2013
and December 11, 2012 be voted on separately.
Motion by Mayor O'Connor, seconded by Councilmember Holbrook, to
approve the November 27, 2012 minutes. The motion was approved by the
following vote:
AYES: Councilmembers Davis, Holbrook, McKeown,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSTAIN: Councilmembers Vazquez, Winterer
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve the December 11, 2012 minutes. 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
AUDITOR REPORT 3 -G: Presentation of Independent Auditor Report - recommendation
that the City Council receive and file the independent auditors' unqualified
audit report for the City's financial statements for the fiscal year ended
June 30, 2012 and the attached Auditor's Letter to Council, was presented.
City Manager Rod Gould advised that the item was removed from the
Consent Calendar to allow for questions to the auditor regarding the Fiscal
Year 2011 -2012 audit.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to approve the recommendation to receive and file the
independent auditors' unqualified audit report. 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
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2423 (CCS)
MAIN STREET entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
VENDING OF SANTA MONICA AMENDING SECTION 6.36.095 OF THE SANTA
MONICA MUNICIPAL CODE RELATED TO LATE NIGHT VENDING
ON MAIN STREET," was presented.
4 April 23, 2013
Motion by Councilmember Holbrook, seconded by Councilmember Davis,
to adopt Ordinance No. 2423 (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 Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
PEDICABS 7 -B: Second reading and adoption of Ordinance No. 2424 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING ARTICLES III AND VI OF THE
SANTA MONICA MUNICIPAL CODE REGARDING LICENSING
AND REGULATION OF PEDICABS," was presented.
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
adopt Ordinance No. 2424 (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
STAFF ITEMS: 8 -A: Options for Addressing Use of City Parks and the Beach for
COMMERCIAL FITNESS Commercial Fitness Instruction, Classes or Camps — recommendation
INSTRUCTION that the City Council review and comment on a proposed regulatory system
to address the use of City parks and the beach for commercial fitness
instruction, classes or camps; and direct staff to prepare an amendment to
Chapter 4.55 of the Municipal Code to create a new regulatory structure,
permit system and use charges for all commercial fitness instruction,
classes or camps in City parks and the beach, was presented.
Members of the public Judith Clare, Commissioner Phil Brock, Jenna
Linnekens, Kathryn Brook, Carol Landsberg, Evelyn Locken- Hower, John
Petz, and Mitchell Lachman spoke in support of the recommendation.
Members of the public Andrea Shirey, Taffy Patton, Adrien A. Jordan,
Meiert Avis, Jerry Rubin, Tamir, Mina Patel, Sonki Hong, Jerimaya
Grabber, Brian Hutchings, Dan Manross, Abby Adams, George
Antonopoulos, Chris Plourde, Angela Parker, Ruben Lawrence, Justin
Mayer, Courtney Poulos, Steve Jones, Carmen Vadini, Mike Arnone, Jeff
Jordan, Sigrid Mahan, Jonathan Beran, Katie Wilson, Lisa Atia, Jennifer
Dumonceau, Lucy Orantes, Raisa Lilling; Walter Ho; Demille Halliburton,
Monique Marshall, Dana Milan, Natalie Forte, Rebecca Terlizza, Rosemary
Walker, and Commissioner Margaret Bach spoke in opposition to the
April 23, 2013
recommendation.
Motion by Myor Pro Tern O'Day, seconded by Councilmember
McKeown, to approve staff recommendation with amendments to include
options to add a charge of gross receipts at 10 %; to allow group training at
Palisades Park with time, place, and group size restrictions; to allow
heavier equipment at Clover Park and some additional subset of parks; to
include noise restrictions; to ban fitness instruction at Goose Egg Park and
Ashland Park and confirm other passive parks are included; and to provide
education and a code of conduct to trainers. The motion was approved as
amended, by the following vote:
AYES: Councihnembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
DEVELOPMENT 8 -B: Modification to Development Agreement Application Process to
AGREEMENT Require Separate Architectural Review Board and Planning
APPLICATION PROCESS Commissions Float Ups— recommendation that Council modify the
recently adopted Development Agreement application review process to
require separate Architectural Review Board and Planning Commissions
float ups rather than one combined float up, was presented.
Member of the public Denise Barton spoke in opposition to the
recommendation. Members of the public David William Martin and
Christel Andersen spoke in support of the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve staff recommendation. 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
PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Proposed FY 2013 -14 One -
FISCAL YEAR 2013 -2014 Year Action Plan Allocating Federal Community Development Block
ONE -YEAR ACTION Grant (CDBG) and HOME Investment Partnership Act Program
PLAN (HOME) Entitlement Grant Funds — recommendation that the City
Council hold a public hearing, receive public comment, and approve the
Proposed FY 2013 -14 One -Year CDBG and HOME Action Plan; and
authorize the City Manager to submit all documents required to receive the
City's annual Community Development Block Grant and Home Investment
Partnerships Act entitlement grant funds to the U.S. Department of Housing
6 April 23, 2013
and Urban Development, was presented.
There was no one present for public comment.
Motion by Councilmember Winterer, seconded by Mayor Pro Tem O'Day,
to approve staff recommendation. 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
COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Airport
AIRPORT COMMISSION Commission for a term ending on June 30, 2014.
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Suzanne Paulson. There being no
other nominations, Suzanne Paulson was appointed by acclamation, with
all members present.
RESIGNATION 13 -B: Recommendation to accept Albin Gielicz's resignation from the
Social Services Commission and authorize the City Clerk to publish
the vacancy, was presented.
Motion by Councilmember Holbrook seconded by Councilmember
Winterer, to approve recommendation with regrets. The motion was
unanimously approved by voice vote, with all members present.
CLIMATE ACTION PLAN 13 -C: Request of Councilmembers O'Day and Winterer that to help to
achieve the goals of our Climate Action Plan the Council direct staff
that development agreement negotiations should seek from projects the
greatest amount of photovoltaic panels feasible given the rooftop
configuration and orientation of proposed buildings, was presented.
Members of the public Brian Hutchings and Christel Andersen spoke in
support of the request.
The request was unanimously approved by voice vote, with all members
present.
AVERAGE VEHICLE 13 -1): Request of Councilmembers McKeown, Winterer, and Davis
RIDERSHIP (AVR) that staff negotiate more aggressive Average Vehicle Ridership (AVR)
targets in Development Agreements, especially for employees in
projects along the Expo Corridor, with periodic performance reviews,
7 April 23, 2013
options for higher AVR targets as local standards evolve and enhanced
compliance incentives after successive years in which a project fails to
achieve its AVR targets, was presented.
Members of the public Denise Barton spoke in opposition to and Valerie
Griffin and Christel Andersen spoke in support of the request.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the request. The motion was unanimously approved by voice
vote, with all members present.
TENANT RELOCATION 13 -E: Request of Councihnembers McKeown, Winterer and Vazquez
that Council direct staff to explore how best to prohibit and prevent
relocation and other settlement agreements with tenants which are in
any way conditioned on the tenants' agreement to forego legal rights to
communicate with or petition their government or elected or appointed
officials, or to testify at hearings regarding projects that may displace
their homes, was presented.
Members of the public Denise Barton and Christel Andersen spoke in
support of the request.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to approve the request. The motion was unanimously approved
by voice vote, with all members present.
PUBLIC INPUT: Member of the public Denise Barton commented on various local issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:07
p.m. in memory of Richard McClung.
ATTEST:
5;04�
Sarah P. Gorman
City Clerk
APPROVED:
Pam O'Connor
Mayor
April 23, 2013