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CITY COUNCIL MINUTES
NOVEMBER 13, 2012
At a regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:43 p.m., on
Tuesday, November 13, 2012, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tern Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:15 p.m.)
Absent: Councilmember Bobby Shriver
Councilmember Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Cleric Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:43 p.m., with
Councilmembers Shriver, O'Connor, and O'Day absent. Councilmember
Holbrook led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There were no members of the public present for public comment.
On order of the Mayor, the City Council recessed at 5:43 p.m., to consider
closed sessions and returned at 6:41 p.m., with Councilmembers O'Day
and Shriver absent, to report the following:
1 -A: Conference with Legal Counsel —Existing Litigation: Gloushlco
v. City of Santa Monica, Los Angeles Superior Court Case Number SC
109979
The City Attorney recommended a settlement in this bus accident case in
the amount of $29,500.
Motion by Councilmember McKeown, seconded by Mayor Bloom, to
approve the settlement in the amount of $29,500. The motion was
approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, O'Day
November 13, 2012
1 -B: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government,
Code Section 54956.9 (b) - 2 cases: 1) 2009 La Mesa Drive 2) Villago
Trailer Park.
The City Attorney reported this matter was heard and no reportable action
was taken.
1 -C: Conference with Legal Counsel —Existing Litigation: Santa
Monica Nativity Scenes Committee v. City of Santa Monica, et al.,
United States District Court, Central District of California Case No.
CV12 -08657 ABC (Ex)
The City Attorney reported this matter was heard and no reportable action
was taken.
ANNOUNCMENT FROM City Attorney Marsha Moutrie made a brief announcement on an item that
CITY ATTORNEY was not on the agenda. The City instituted a lawsuit, known as Cites
Bilet Properties, to enforce affordable- housing restrictions on a multi -unit
property located at 1040 Fourth Street, in June. Council discussed the
matter in closed session and approved a staff - proposed settlement.
Ultimately, the other side agreed to the settlement.
Per the Brown Act, if final approval rests with some other party than the
City, then as soon as the settlement does become final, and there is an
inquiry by another person, the City is required to disclose and make a
report. The settlement was finalized at the end of August and the City
received an inquiry by a member of the community.
The settlement in City v. Bilet is that the three units that were the subject to
the litigation and are owned by the defendant, will be designated for rental
only to low- income persons, as defined in the development agreement for
the property and those designations will be recorded with LA County.
Owner — occupancy will be allowed and they do not have to be rented. That
is the consideration from the owner to the City. The consideration from the
City to the owner is that the case will be dismissed.
REPORT ON MEETING Pursuant to State law, City Clerk Sarah Gorman announced that Council
COMPENSATION will receive no compensation for meeting as the Redevelopment Successor
Agency. Council will receive $50 for meeting as the Parking Authority,
and $50 for meeting as the Housing Authority.
CONSENT CALENDAR: Members of the public Joy Fullmer and Denise Barton commented on
various Consent Calendar items.
All items were considered and approved in one motion unless removed b
Councilmember for discussion.
November 13, 2012
Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor,
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 O'Connor, Holbrook, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, O'Day
CITY HALL SEISMIC 3 -A: Change Order for City Hall Seismic Retrofit Project—
RETROFIT PROJECT recommendation to authorize the City Manager to negotiate and execute a
fifth change order to Construction Contract No. 9143 (CCS) in the amount
of $150,000 with West Valley Investment Group, Inc., to correct
anticipated non - conforming conditions and non - compliant code conditions
for the City Hall Seismic Retrofit Project, resulting in a new contract in the
amount of $4,663,478, and approve changes, was approved.
HAZARD MITIGATION 3 -B: Adopt a Resolution Authorizing Actions Related to Acceptance
GRANTS of Local Hazard Mitigation Grant and Future Disaster Mitigation
Grants —recommendation to adopt Resolution No. 10716 (CCS)
authorizing the application for future grant funds from hazard mitigation
grant program and pre- disaster mitigation program from the California
Emergency Management Agency; authorize the City Manager to execute
all necessary documents to apply for future grants and accept all grant
renewals if awarded; and accept grant awarded in the amount of $18,750
from the California Emergency Management Agency for the City of Santa
Monica '. s local hazard mitigation plan, and authorize any changes, was
adopted.
HEAVY DUTY SERVICE 3 -C: Purchase of Replacement Heavy Duty Service Truck—
TRUCK recommendation to award Bid No. 4031 to South Bay Ford in the amount
of $180,906 for the purchase and delivery of one new replacement heavy
duty Compressed Natural Gas (CNG) powered service truck with utility
body for the Big Blue Bus, was approved.
HOMELESS 3 -D: Modification of Agreement Related to the Homeless
MANAGEMENT Management Information System — recommendation to authorize the
City Manager to negotiate and execute a first modification to the existing
Software License and Maintenance Agreement No. 8903 (CCS) in the
amount of $146,760 with Bowman Systems, LLC, to provide maintenance,
licensing, and data integration services. This will result in a new three -year
and six month agreement in the amount of $241,520 for the period of
December 10 — June 30, 2015, was approved.
BEACH BIKE PATH 3 -E: Beach Bilce Path Striping and Signage Improvements —
IMPROVEMENTS recommendation to authorize the City Manager to negotiate and execute
November 13, 2012
construction Contract No. 9662 (CCS) with Stemdahl Enterprises, Inc., in
the amount of $326,481 to implement striping and signage improvements;
on the Beach Bike Path, appropriate budget increases, and approve
changes, was approved.
ROLLING DOOR 3 -F: Bid Award for Rolling Door Repair Installation Services —
INSTALLATION recommendation to award Bid No. 4019 to Commercial Door, as the
SERVICES primary contractor, and to Specialty Doors + Automation, as the secondary
contractor, in a cumulative amount not to exceed $40,000 for FY 2012 -13,
with two one -year options to renew, for a cumulative not to exceed amount
of $120,000 over a three -year period, was approved.
MANAGEMENT 3 -G: Modification to Agreement 2390 -08 With The Active Network
SOFTWARE — recommendation to authorize the City Manager to negotiate and execute
Agreement No. 9663 (CCS) with The Active Network in the amount of
$188,825, to provide a web - based, hosted, recreation management software
system for the Community and Cultural Services Department, resulting in a
4 -year agreement, was approved.
TIRE LEASE 3 -H: Tire Lease and Related On -site Tire Services —recommendation
to award Bid No. 4022 to Michelin, to provide new transit tires and service
on a lease program for a one -year period with four one -year renewal
options in the amount of $3,042,462, award a one -time purchase order in an
amount not to exceed $390,000 to Goodyear, to buy out the lease on the
existing inventory of tires being used on the fleet, and appropriate budge
increases, was approved.
4TH /5TH STREET AND 3 -L• Issuance of Request for Proposals for 4"' /5"' and Arizona site —
ARIZONA AVENUE recommendation to authorize staff to issue Request for Proposals to
development teams led by Forrest City, Metropolitan Pacific
Capital/Clarett West Development and Related California for development
of City -owned property at 41 /5 °i Street and Arizona Avenue, was approved.
2438 OCEAN PARK BLVD 34: Adopt Resolution No. 10717 (CCS) Approving Final Parcel
Map No. 71319 for a 2 -unit Condominium Project at 2438 Ocean Park
Blvd, was approved.
DOWNTOWN SANTA 3 -K: Amendment to Downtown Santa Monica Inc. Services
MONICA INC. Agreement — recommendation to authorize City Manager to negotiate and
execute a second amendment to Services Agreement No. 9063 (CCS) with
Downtown Santa Monica, Inc. ( "DTSM ") to add an additional distribution
date of funds from the City to DTSM in the payment schedule outlined in
the agreement, was approved.
SPECIAL JOINT On order of the Mayor, the regular City Council meeting recessed to a joint
MEETING meeting with the Parking Authority at 6:51 p.m., with Councilmembers
Shriver and O'Day, absent.
4 November 13, 2012
JOINT MEETING: 3 -L: Reinstatement and extension of Professional Services
PARKING AUTHORITY Agreement with Public Resources Advisory Group for Financial
FINANCIAL SERVICES Advisory Services — recommendation to authorize the City Manager to
reinstate and extend the term of Contract No. 8724 (CCS) with Public
Resources Advisory Group, in the amount of $650,000 to provide financial
services until no later than January 31, 2013, or until a Request for
Proposal process can be completed, was presented.
Motion by Authority/Councilmember McKeown, seconded by
Chair /Mayor Pro Tern Davis, to approve the recommendation, as presented.
The motion was approved by the following vote:
AYES: Authority /Councihnembers O'Connor, Holbrook, .
McKeown, Chair /Mayor Pro Tern Davis, Chair/Mayor
Bloom
NOES: None
ABSENT: Authority /Councilmembers Sti iver, O'Day
ADJOURNMENT OF On order of the Chair /Mayor, the special joint meeting of the City Council
JOINT MEETING and the Parking Authority was adjourned at 6:52 p.m., with
Councilmembers Shriver and O'Day absent.
SPECIAL JOINT On order of the Mayor, the regular City Council meeting recessed to a joint
MEETING meeting with the Redevelopment Successor Agency at 6:52 p.m., with
Councilmembers Shriver and O'Day, absent.
JOINT MEETING: 3 -M: Due Diligence Reviews for the Successor Agency -
REDEVELOPMENT recommendation that the Successor Agency authorize the Executive
SUCCESSOR AGENCY Director to negotiate and execute a Professional Services Agreement No.
9373 (CCS) with Macias, Gini and O'Connell, in an amount not to exceed
DUE DILIGENCE $78,281 to conduct Due Diligence Reviews in accordance with ABXl 26
REVIEWS and AB1484, was presented.
Pro Tern Davis, to approve the recommendation, as presented. The motion
was approved by the following vote:
AYES: Agency /Councilmembers O'Connor, Holbrook, McKeown,
Chair/Mayor Pro Tem Davis, Chair /Mayor Bloom
NOES: None
ABSENT: Agency /Councilmembers Shriver, O'Day
ADJOURNMENT OF On order of the Chair /Mayor, the special joint meeting of the City Council
JOINT MEETING and the Panting Authority was adjourned at 6:53 p.m., with
Councilmembers Shriver and O'Day absent.
November 13, 2012
ORDINANCES: 7 -A: Second Reading and Adoption of Ordinance No. 2412 (CCS)
EVENT VENUES entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA PROHIBITING THE OPERATION OF A
SINGLE- FAMILY RESIDENTIAL PROPERTY FOR A COMMERCIAL
PURPOSE INCLUDING, BUT NOT LIMITED TO, AS AN EVENT
FACILITY," was presented.
Member of the public Ben Reznik spoke in opposition to the
recommendation.
City Attorney Moutrie responded to a question from Council regarding the
effective date of the ordinance.
Motion by Mayor Pro Tem Davis seconded by Councilmember O'Connor,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Shriver, O'Day
ROOFTOP 7 -B: Second reading and adoption of Ordinance No. 2413 (CCS)
STRUCTURES entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
SANTA MONICA AMENDING SECTION 9.04.08.12.060 OF THE
SANTA MONICA MUNICIPAL CODE TO PERMIT ROOF TOP
STRUCTURES THAT CONSTITUTE A THIRD STORY WHEN USED
IN CONJUNCTION WITH I ROOF DECK RESTAURANT DINING ON
THE SANTA MONICA PIER IN THE RVC — RESIDENTIAL VISITOR
COMMERCIAL DISTRICT," was presented.
Motion by Councilmember McKeown, seconded by Davis, to adopt the
ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers O'Day, Shriver
2930 COLORADO AVE 7 -C: Introduce for First Reading an Ordinance which Approves the
Proposed Development Agreement 07 -005 and Tentative Tract Map
12 -001 to Allow a Mixed -use Project Consisting of 377 Residential
Units (161 Apartments and 216 Condominiums) and up to 24,940
Square Feet of Ground Floor Neighborhood- serving Retail of which up
to 4,250 Square Feet Could Be Converted to Production Space at 29:?
Colorado Ave.; Adopt a Resolution Adopting a Statement of
Overriding Consideration and Mitigation Monitoring Plan; Adopt a
6 November 13, 2012
Resolution Certifying the Revised Environmental Impact Report for
the Village Trailer Park Project; and Authorize Budget Changes, was
presented.
Motion by Mayor Pro Tern Davis, seconded by Councilmember McKeown,
to continue the first reading to the February 12t" council meeting and the
second reading to the February 261t' Council meeting.
Council requested to hear from the applicant, Marc Luzzato, regarding the
continuance of the item.
The applicant expressed his concerns regarding the continuance of the item.
Discussion ensued regarding the continuance of the hearing.
Substitute motion by Mayor Bloom, seconded by Councilmember
Holbrook, to hold the public hearing tonight and conclude the matter
tomorrow night.
The substitute motion failed by the following vote:
AYES: Councilmembers O'Cormor, Holbrook, Mayor Bloom
NOES: Councilmember McKeown
Mayor Pro Tern Davis
ABSENT: Councilmembers Shriver, O'Day
Mayor Pro Terri Davis, requested to amend the motion to add a date to be
determined sometime in February with a second reading scheduled for
February 26tt,
Discussion ensured about the timing for the item's return to Council.
The amendment was accepted as friendly by the seconder.
The main motion failed by the following vote:
AYES: Councilmembers McKeown, Mayor Pro Tern Davis
NOES: Councilmembers Holbrook, O'Connor, Mayor Bloom
ABSENT: Councilmembers Shriver, O'Day
Discussion ensued regarding public testimony.
The applicant Mr. Luzzato and his representative Dave Rand spoke in
support of the proposed Development Agreement.
The Applicant's attorney, Richard Close and Jonathan Watts, applicant's
architect, spoke in support of the proposed development agreement.
November 13, 2012
Member of the public Ken Ward commented on the item.
Members of the public Alex Bhovani, Rana Kirkland, Lania Bettin, Jake
Laban, Lisa Goalen, Chewie Mon, Yael Lustman, John Begalds, Marcie
Kravitz, Sean McDevitt, Rachel Bennahom, Ken Carlson, Amanda Baird,
Bob Brunner, Julie Goodman, Jeanine Harrington, Michelle Hansel, Jessica
Mayerson, Paris Edwards, Jerry Rubin, Erin Hand, John Musero, Dan
Bliss, Jennifer Disotell, Daniel Westcott, Warren Brand, and June Willis
spoke in favor of the recommendation.
Members of the public Sue Hinunelrich; Andrew Hoyer, Jim Gerstley,
Susan Millman, Cris McLeod, Kathy Knight, Loretta Newman, Karla
May, Tom Francis, Corey Prost, Nancy Morse, Joanne Curtis, Lorraine
Sanchez, Sonya Sultan, Michael Tarbet, Armen Melkonians, Robert
Gurfield, Ron Goldman, Catherine Eldridge, Danielle Charney, Terry
Draut, Zina Josephs, Bob Seldon, Valerie Griffin, Brenda Barnes, Peter
Naughton, Tricia Crane, Ellen Harman, Linda Piera- Avila, John C. Smith,
Louise Steiner, Roberto Gomez, Ellen Brennan, Christel Andersen, Gloria
Garvin, Paid Bailey, David Engelberg, and David Whatley spoke in
opposition to the recommendation.
The applicant Marc Luzzato, presented a rebuttal.
BREAK On order of the Mayor, the City Council recessed at 10:46 p.m. and
reconvened at 11:03 p.m., with Councilmembers Slniver and O'Day
absent.
MOTION TO CONTINUE Motion by Mayor Pro Tern Davis, to hear the remaining items on the
PAST 11:00 PM agenda. The motion was unanimously approved by voice vote, with
Councilmembers Shriver and O'Day absent.
2930 COLORADO AVE Considerable discussion ensued regarding the tenant impact report,
CONT'D. relocation plan, Bergamot Area Plan, affordable housing, land valuation,
geologic issues, and communications from the Legal Aid Foundation of
Los Angeles ( LAFLA).
Council asked questions of staff and provided direction to return with
analysis of legal issues regarding the LAFLA letter, to provide the tenant
impact report, surveys regarding liquefaction, and economic valuation of
the land.
Motion by Mayor Bloom, to continue this item to November 14t" at 7 p.m.
The motion was approved by voice vote, with Councilmember McKeown
in opposition, and Councilmembers Shriver and O'Day absent.
Councilmember McKeown stated that his `no' vote reflects a belief that i
is premature to continue the discussion without the information Council
asked for being available.
8 November 13, 2012
PUBLIC HEARINGS: 9 -A: Public Hearing on Formation of a Santa Monica Tourism
SANTA MONICA Marketing District — recommendation to hold a public hearing and receive
TOURISM DISTRICT comment regarding the formation of the Santa Monica Tourism Marketing
District, was presented.
Member of the public Denise Barton commented on the recommendation.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to hold a public hearing scheduled for December l It". The
motion was unanimously approved by voice vote, with Councilmembers
Shriver and O'Day absent.
COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Urban Forest
URBAN FOREST TASK Task Force for a term ending on .Tune 30, 2015, was presented.
FORCE
There was no one present for public comment.
The Mayor opened the floor to one nomination for the Urban Forest Task
Force.
Councilmember McKeown nominated Gloria Garvin.
There being no other nominations, Ms. Garvin was appointed by
acclamation, with Councilmembers O'Day and Shriver absent.
ARCHITECTURAL 13: -B: Recommendation to accept Michael Ross' resignation from the
REVIEW BOARD Architectural Review Board and authorize the City Clerk to publish
the vacancy, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, to approve recommendation with regrets. The motion was
unanimously approved by voice vote with Councilmembers Shriver and
O'Day absent.
ONE BILLION RISING 13 -C: Request of Mayor Bloom and Mayor Pro Tem Davis that the
City Council support the worldwide "One Billion Rising" campaign to
raise global awareness and end rape and violence against women and
girls. The City Council is also requested to direct City Staff to prepare
an official proclamation and take other steps to coordinate with
regional efforts and with local domestic violence resource partners in
support, was presented. (www.onebillionrising.org)
Member of the public Lindsey Horvath commented on the
recommendation.
November 13, 2012
Motion by Mayor Bloom, seconded by Mayor Pro Tem Davis, to approve
the recommendation. The motion was unanimously approved by voice
vote with Councilmembers Sluiver and O'Day absent.
PUBLIC INPUT: Members of the public J.D. Skye and Denise Barton commented on various
local issues.
ADJOURNMENT At 11:50 p.m., on order of the Mayor, the City Council meeting was
adjourned to Wednesday, November 14, 2012 at 7:00 p.m.
ATTEST: APPROVED:
Sarah P. Gorman c �i oom
City Clerk Mayor
10 November 13, 2012