m-061113CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 11, 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, June 11, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Councilmember Gleam Davis (arrived at 5:50p. m.)
Councilmember Robert T. Holbrook (arrived at 5 :55 p.m.)
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Absent: Mayor Pro Tern Tent' O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with
Mayor Pro Tem O'Day, Councilmembers Davis and Holbrook absent.
Councilmember Vazquez led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember Davis
arrived at 5:50 p.m. On order of the Mayor, the City Council recessed at 5:37 p.m., to consider
closed sessions and returned at 6:40 p.m., with all members present.
Councilmember Holbrook
arrived at 5: 55 p. m.
ITEM HEARD OUT OF On order of the Mayor, Item 2 -A was heard before the report out from
ORDER closed sessions.
SPECIAL AGENDA 2 -A: SaMoUi Plastic Bag Ban Study Commendation
ITEMS:
Mayor O'Connor presented commendations to Santa Monica High School
Team Marine.
CLOSED SESSIONS The following was reported from closed sessions:
I -A: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to
June 11, 2013
Government Code Section 54956.9 (d)(2) — 2 cases
City Attorney Marsha Moutrie advised this matter was heard and no
reportable action was taken.
REMARKS REGARDING Mayor O'Connor and Council spoke regarding tragic events of the past
TRAGIC EVENTS week and expressed their condolences to the community.
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 Randy Walberger 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.
Councilmember McKeown noted for the record that certain attachments to
Item 3 -A had been modified to reflect grammatical issues, and that there
were revisions to the attachments to Item 3 -K; the revised versions of all
were included in the revised published agenda packet. The notation was
accepted as friendly by the maker and seconder of the motion.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez and Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tern O'Day
MINUTES 3 -A: The minutes for the January 8 and 22, February 12, and 26, April
9, 23, and 30, May 28 and May 29, 2013 City Council meetings, were
approved, as submitted.
SANTA MONICA 3 -13: Amendment to Agreement 9526 with Santa Monica Community
COMMUNITY COLLEGE College District— recommendation to authorize the City Manager to
negotiate and execute a second modification to Professional Services
Agreement No. 9526 (CCS), with Santa Monica Community College
District in the amount of $167,772, to continue to broadcast regular City
Council meetings, resulting in a four year amended agreement with a new
total amount not to exceed $320,292, was approved.
PROPERTY 3 -C: Third Modification of Property Management Contract with
MANAGEMENT RE CS — recommendation to authorize the City Manager to negotiate and
execute a third modification to Contract No. 9183 (CCS), with Real Estate
June 11, 2013
Consulting and Services, Inc. (RECS) in the amount of $916,850 to provide
property management services at City -owned residential properties through
June 2015, resulting in a two -year extension for a five -year amended
contract with a total amount not to exceed $2,547,714, was approved.
RADIO EQUIPMENT 3 -1): Purchase of Radio Equipment — Purchase of Radio Equipment
— recommendation to authorize the City Manager to negotiate and execute
Contract No. 9742 (CCS) with Motorola, Inc. in an amount not to exceed
$2,500,000 for the purchase of radio equipment and replacement parts over
a five -year period, was approved.
STATE LOBBYING 3 -E: Professional Services Agreement with Shaw/Yoder /Antwih, Inc.
SERVICES for State Representative and Lobbying Services — recommendation to
authorize the City Manager to negotiate and execute Professional Services
Agreement No. 9743 (CCS) with Shaw /Yoder /Antwih, Inc. in an amount
not to exceed $229,556 for state representative and lobbying services, was
approved.
FEDERAL LOBBYING 3 -F: Professional Services Agreement with The Ferguson Group,
SERVICES LLC for Washington Representative/Lobbying Services —
recommendation to authorize the City Manager to negotiate and execute
Professional Services Agreement No. 9744 (CCS) with The Ferguson
Group, LLC in an amount not to exceed $216,000 for Federal
representative and lobbying services, was approved.
SELECTRON IVR AND 3 -G: Maintenance of Selectron IVR and IWR System —
IWR SYSTEM recommendation to authorize the City Manager to negotiate and execute
sole source Contract No. 9745 (CCS) with Selection Technologies, in an
amount not to exceed $89,060 over a five -year term for maintenance of the
Selection IVR and IWR systems, was approved.
SUBSCRIPTION 3 -H: Authorization to Continue with the Subscription Agreement for
AGREEMENT American Express Card Acceptance — recommendation to authorize the
City Manager to continue amend Contract No. 9082 (CCS) to accept
American Express cards under the current subscription agreement for
American Express Card Acceptance with American Express Travel Related
Services Company, through June 30, 2014 with an option to extend the
agreement for an additional two years in an estimated amount of $240,000
per year, was approved.
PROJECTDOX 3 -I: Second Contract Modification with Avolve for ProjectDox
MAINTENANCE Maintenance — recommendation to authorize the City Manager to
negotiate and execute a second modification to Contract No. 9149 (CCS)
with Avolve Software, in the amount of $77,868 for product maintenance
and technical support services for the ProjectDox plan checking system,
resulting in a five -year amended contract with a new total not to exceed
$375,868, was approved.
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PURCHASE AIRCRAFT 3 -J: Award Bid for Purchase of One Dodge 5500 Class 1 Aircraft
FIRE FIGHTING Fire Fighting Vehicle — recommendation to award a purchase order in
VEHICLE response to the Aircraft Rescue & Firefighting Apparatus bid for the
purchase and delivery of one Dodge 5500 Class 1 Aircraft Fire Fighting
Vehicle to Firetrucks Unlimited, in an amount not to exceed $96,022; and
to authorize the transfer of title of four surplus fire apparatus to Firetrucks
Unlimited for trade -in value, was approved.
FARMERS MARKET 3 -K: Farmers Market Rules, Regulations and Policy Guide Update —
recommendation to approve amendments to the Farmers Market Rules,
Regulations and Policies, was approved.
UNIVERSALLY 3 -L: Professional Services Agreement Modification for the
ACCESSIBLE Universally Accessible Playground Project — recommendation to
PLAYGROUND authorize the City Manager to negotiate and execute a third modification to
Professional Services Agreement No. 9388 (CCS) with Katherine Spitz
Associates, Inc., in the amount of $33,759 to provide additional design and
construction administration services for the Universally Accessible
Playground, resulting in a new amended agreement amount not to exceed
$160,919 over a one -year period, and authorize any necessary changes, was
approved.
BID FOR REFUSE FRONT 3 -M: Award Bid for Purchase of Four CNG Front Loader Refuse
LOADER Packer Units- recommendation to award Bid #4053 to Boerner Truck
Center in the amount of $1,119,983 for the purchase and delivery of four
CNG front loader refuse packer units, was approved.
BID FOR REFUSE SIDE 3 -N: Award Bid for Purchase of Three CNG Side Loader Refuse
LOADER Packer Units — recommendation to award Bid #4056 to Boerner Truck
Center in the amount of $826,888 for the purchase and delivery of three
CNG side loader refuse packer units, was approved.
ELECTRIC VEHICLES 3 -0: Lease Extension for Toyota RAV4 Electric Vehicles —
recommendation to authorize the City Manager to award a sole source
purchase order to Toyota Motor Credit Corporation, in an amount not to
exceed $90,873 for a one -year lease extension to for 23 Toyota RAW
electric vehicles and a one -year lease extension in the amount of $51,246
for 13 Toyota RAW electric vehicles, for a total amount not to exceed
$142,119 over a two -year period, was approved.
BIKEWAY LEASE 3 -P: Approval of Bikeway License Agreement with the Los Angeles
AGREEMENT County Metropolitan Transportation Authority — recommendation to
authorize the City Manager to negotiate and execute Bikeway License
Agreement No. 9746 (CCS) with the Los Angeles County Metropolitan
Transportation Authority (Metro) as well as other ancillary agreements that
may be necessary to carry out the Bikeway License Agreement; funds to
4 June 11, 2013
maintain and operate the bikeway are estimated to be $100,000 per year
and will be included in future annual operating budgets starting in FY
2015 -17, was approved:
HOUSING AUTHORITY 3 -Q: Housing Authority of the County of Los Angeles Scattered Sites
Bonds — recommendation that Council adopt Resolution No. 10749 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE HOUSING AUTHORITY OF THE COUNTY OF
LOS ANGELES TO ISSUE BONDS IN AN AMOUNT NOT TO
EXCEED $8,000,000 AND MAKE OR ACQUIRE MORTGAGE
LOAN(S) IN CONNECTION WITH A RESIDENTIAL DEVELOPMENT
ON SCATTERED SITES IN THE CITY OF SANTA MONICA AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO
EXECUTE A COOPERATION AGREEMENT, IF NECESSARY OR
DESIRABLE, BETWEEN THE HOUSING AUTHORITY OF THE
COUNTY OF LOS ANGELES AND THE CITY OF SANTA MONICA
IN CONNECTION WITH A RESIDENTIAL DEVELOPMENT ON
SCATTERED SITES ", required for the Housing Authority of the County
of Los Angeles ( HACLA) to secure ongoing financing for 41 affordable
apartments that it owns and operates in Santa Monica, located at 1855 9th
Sheet, 1450 14th Street, and 2006 20`11 Street (Properties); Resolution No.
10749 (CCS) would consent to HACLA's issuance of bonds in an amount
not to exceed $8,000,000 and issuance or acquisition of mortgage loan(s) in
connection with the Properties; , and authorize the City Manager to
negotiate and execute a Cooperation Agreement between HACLA and the
City of Santa Monica connection with Properties, was approved and
adopted.
ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance repealing
PLUMBING STANDARDS Santa Monica Municipal Code 7.18 Water Conservation — Plumbing
Standards, was presented.
There were no members of the public present for public comment on this
item.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Councihnembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
INTERIM ZONING 7 -13: Introduction and First Reading of an Amendment to Interim
Zoning Ordinance No. 2417 (CCS) to Extend the Interim Zoning
5 June 11, 2013
Ordinance to February 28, 2014, and to Exempt Ground Floor
Outdoor Dining on Private Property from a Floor Area Ratio
Calculation in the Downtown District, was presented.
Member of the public Ellen Hannan spoke generally in opposition to the
ordinance.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof with the addition of the
following language as read into the record by Deputy City Attorney Barry
Rosenbamn:
In the Downtown District, as defined in the LUCE, ground floor outdoor
dining in buildings on private property shall not be included when
calculating a project's floor area ratio (FAR) provided the dining area has
no more than a 42 inch high barrier surrounding the dining area and is
visible from the public right of way. However, such ground floor outdoor
dining shall be counted as floor area for all other purposes.
Substitute motion by Councilmember Davis, seconded by Mayor
O'Connor, to move staff recommendation without the proposed amended
language. The motion failed, with the following vote:
AYES: Councilmembers Holbrook and Davis
NOES: Councilmembers McKeown, Winterer, Vazquez
ABSENT: Mayor Pro Tern O'Day
The original motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Winterer, McKeown
NOES: Councilmember Holbrook, Mayor O'Connor
ABSENT: Mayor Pro Tern O'Day
AFFORDABLE HOUSING 7 -C: Introduction and First Reading of an Ordinance amending
Santa Monica Municipal Code Chapter 9.56, the City's Affordable
Housing Production Program (AHPP) Including Revising Affordable
Housing Categories, Income - Eligibility Limits, Rent Limits, and
Expanding AHPP Income Categories, was presented.
City Attorney Moutrie read the following revised language into the record:
"The obligations established by the Chapter shall apply to each multi-
family project involving the construction of two or more multi - family units,
which project has not received its ministerial or discretionary planning
approvals including, without limitation: variances, conditional use permits,
administrative approvals, development review permits, and development
agreement ordinances [which have not had a first reading] [which have not
yet become effective] (collectively, "Approvals ") on the effective date of
June 11, 2013
this ordinance.
No building permit shall be issued by any multi - family project unless such
construction has been approved in accordance with the standards and
procedures provided for by this Chapter. Notwithstanding the above, a
multi - family rental housing project that will be developed by a nonprofit
housing provider receiving financial assistance through one of the City's
housing trust programs shall not be subject to the requirements of this
Chapter so long as the project is an affordable housing project meeting the
requirements of Santa Monica Municipal Code "Section 9.04.02.030.025 or
any successor thereto and the project's affordability obligations will be
secured by a regulatory agreement, memorandum of agreement, or recorded
covenant with the City for a minimum period of fifty -five years.
Multi - family projects which have received Approvals prior to the effective
date of this ordinance [date] shall be subject to the provisions of Santa
Monica Municipal Code Section 9.56.010 et seq., as they existed on the
date of their approvals, except that pricing requirements for affordable
housing units shall be published by the City on an annual basis instead of
adoption by resolution of the City Council.
Members of the public Denise Barton, Valerie Griffin; and Denise
McGranahan spoke generally in support of the recommended action.
Member of the public Richard Hilton spoke with proposed modifications to
the recommended action.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, including language as read into the record
by Ms. Moutrie, including language that would apply to development
agreements that are not yet effective. The motion was approved by the
following vote:
AYES: Councilmember McKeown, Winterer, Holbrook, Vazquez,
Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to provide staff direction to examine legal constraints regarding
tying household size to unit size. The motion was unanimously approved
by voice vote, with Mayor Pro Tern O'Day absent.
STAFF ITEMS: 8 -A: Options for the future of the Santa Monica Civic Auditorium —
CIVIC AUDITORIUM recommendation that the City Council: review and comment on an interim
use plan for the Civic Auditorium; review and comment on options to
June 11, 2013
manage and operate the Civic Auditorium, review and comment on
strategies to generate revenue for the renovation and operation of the Civic
Auditorium, review and comment on the concept of a Civic Auditorium as
the hub of a Civic Center creative district and mixed -use cultural campus
and preferred uses of the district; direct staff to proceed with a community
process and associated market feasibility and economic analyzes and return
to Council with recommendations for preferred uses and proposed
modifications to the Civic Center Specific Plan as necessary; and authorize
budget changes, was presented.
Members of the public Guido Lamell, Jerry Rubin, Valerie Griffin, Rufiena
Jones -Soro, Brian Nihaus, Carol Lemlein, Daniel Gregory, Sepp
Donahower, Kevin Smith, Lori Nafshun, Nina Fresco, Mike Salazar, Frank
Gruber, Steve Duron, Jelin C. Smith, Judy Abdo, Dale Bell, Liz Bell,
Terence Later, Danielle Charney, Mario Fona - Bovardi, and Phil Brock
spoke generally in favor of the recommended action.
Rufiena Jones -Soro, Brian Niehaus, Patricia Gorelan, David Quimpo, Alex
Duarte spoke generally regarding the employees of the Civic Auditorium.
Members of the public D'Lymi Waldron, Michael Feinstein, Maryanne
LaGuardia, and Joe Mann spoke generally in opposition to the
recommended action.
Considerable discussion ensued on topics including, but not limited to
historic preservation, funding issues, and employment for Civic employees.
Motion by Mayor O'Connor, seconded by Councilmember Vazquez, to
adopt the staff recommendation, including formation of an advisory group.
The motion was approved by the following vote:
AYES: Councihnembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
Motion by Councilmember Davis. seconded by Councilmember Winterer,
to direct staff to that while considering the Civic Center Specific Plan that
it also consider those portions of the Civic Center Specific Plan that apply
to Ocean Lodge and determine whether it would be appropriate to modify
those to allow some expansion. The motion was unanimously approved by
voice vote, with Mayor Pro Tem O'Day absent.
COUNCIL ITEMS: 13- A:Appointment to one unscheduled vacancy on the Social Services
SOCIAL SERVICES Commission for a term ending on June 30, 2016, was presented.
COMMISSION
There were no members of the public present for public comment.
June 11, 2013
On order of the Mayor, the floor was opened for nominations.
Councilmember Winterer nominated Caeli Lynch.
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to nominate Caeli Lynch. Ms. Lynch was appointed by
acclamation to the Social Services Commission, with Mayor Pro Terri
O'Day absent.
5K AND 10K RACES 13 -B: Request of Councilmember Davis that staff review the
permitting process for 5K and IOK races in Santa Monica and consider
adjusting permitted race frequencies. In addition, staff should
consider expanding notification practices to include nearby and
affected residents and businesses that may not be directly on the race
route, was presented.
There was no one present for public comment.
Motion by Councilmember Davis, seconded by Mayor O'Connor, to
approve request. 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
DOWNTOWN SPECIFIC 13 -C: Request of Councilmembers McKeown, Vazquez, and Winterer
PLAN that the City Council direct staff, pending adoption of the new
Downtown Specific Plan called for in the 2010 adopted Land Use and
Circulation Element, to bring forward at this time for sites within
downtown only those Development Agreement applications where the
proposed heights are within the maximum allowed for downtown in
the previous and therefore most recent applicable Land Use Element,
was presented.
Members of the public D'Lynn Waldron, Taffy Patton, Richard Hilton,
Denny Zane, Andrew Hoyer, Valerie Griffin, Ellen Hannan, Denise Barton,
Laura Wilson, Allison Hewitt, John Smith, Steve Lineet, Ivan Perkins,
Silke Kohler, Lenore Morrell, Jim Pickrell, Patricia Bauer, Jennifer Pearce,
Delores Sloan, Michael Feinstein, Danielle Chasney, Osualdo Gonzalez,
Jonathan Mann, Merle Rothman, Meyera Robbins, Carol Landberg, and
Roger Genser spoke generally in support of the request.
Members of the public Scott Schanfeld, Carl Hansen, Mike Gruning,
Natalya Zernitskaya, Jerry Rubin, Steven Oh, Allison Hewitt, Tom
Corcoran, Debbie Lee, Rob York and Bill Tucker spoke generally in
opposition to the request.
June 11, 2013
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to direct staff that City -run discretionary decision meetings
including City Council and advisory hearings like the ARB and Planning
Commission be deferred for downtown projects that exceed the height limit
in the existing downtown guidelines in accordance with the downtown core
section of the adopted 2010 LUCE the until a comprehensive downtown
specific plan is adopted. The motion failed by the following vote:
AYES: Councilmembers Vazquez, Winterer, McKeown
NOES: Councilmembers Davis, Holbrook, Mayor O'Connor
ABSENT: Mayor Pro Tem O'Day
Motion by Councilmember Davis, seconded by Councilmember Holbrook,
directed staff not to bring back for final approval any buildings over 84 feet
in the downtown area until the downtown specific plan is adopted and have
staff bring back a proposal to do a scientific survey of residents and voters
in Santa Monica to determine their opinions about the downtown area.
Request by Councilmember McKeown to bifurcate Councilmember Davis'
motion into two. The maker agreed to this request.
The motion to direct staff not to bring for final approval any buildings over
84 feet in the downtown area until the downtown specific plan is adopted
failed by the following vote:
AYES: Councilmembers Holbrook, Davis, Vazquez
NOES: Councilmembers McKeown, Winterer
ABSENT: Mayor Pro Tem O'Day
ABSTAIN: Mayor O'Connor
Councilmember McKeown requested the record to show that his "no" vote
was based on what staff stated, the motion would have effectively done
nothing, and the previous motion, which would have done something, was
the way to go.
The motion to have staff bring back a proposal to do a scientific survey of
residents and voters in Santa Monica to determine their opinions about the
downtown area was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor O'Connor
NOES: None
ABSENT: Mayor Pro Tem O'Day
PERSONNEL BOARD 13 -1): Recommendation to accept Phillip Tate's resignation from the
Personnel Board and authorize the City Clerk to publish the vacancy,
was presented.
10 June 11, 2013
Motion by Mayor O'Connor, seconded by Councilmember Winterer, to
approve the recommendation with regrets. The motion was unanimously
approved by voice vote, with Mayor Pro Tern O'Day absent.
CROSSROADS SCHOOL 13 -E: Request of Councilmembers Davis and Winterer that the
Crossroads School Development Agreement be brought before the City
Council for decision at its meeting on June 25, 2013. The reason for
doing so is to allow the City Council to make a final decision on the
proposed Development Agreement in a timely fashion that will
allow Crossroads School to move forward with disruptive demolition
and construction work during the summer when school is not in
session.
This item was withdrawn from the agenda by Councilmembers Davis and
Winterer.
PUBLIC INPUT: Members of the public Zoe Muntaner and Denise Barton commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:38
a.m. in memory of Carlos Franco, Marcela Franco, Margarita Gomez,
Samir Zawahri, Christopher Zawahri, and James Mount.
ATTEST: APPROVED:
Sarah P. Gorman Pam O'Connor
City Clerk Mayor
11 June 11, 2013