m-100813CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 8, 2013
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Day at 5:36
p.m., on Tuesday, October 8, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pro Tern Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councilmember Ted Winterer
Absent: Mayor Pam O'Connor
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor Pro Tern, the City Council convened at 5:36 p.m.,
with Mayor O'Connor absent. Councilmember Winterer led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Member of the public Denise Barton commented on closed sessions.
On order of the Mayor, the City Council recessed at 5:40 p.m., to consider
closed sessions and returned at 6:44 p.m., with Mayor O'Connor absent, to
report the following:
1 -A: Conference with Legal Counsel —Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1) — City of Santa Monica et al. v. California
Department of Finance et al., Sacramento Superior Court Case
Number 34- 2013- 80001383
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -B: Conference with Legal Counsel —Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1) — City of Santa Monica v. Roesling Nakamura
Terade Architects, Inc., Los Angeles Superior Court Case Number
121060
October 8, 2013
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -C: Conference with Legal Counsel— Anticipated
Litigation: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9 (d)(2) —1 case: Claim of Dunn and
Robhana
The City Attorney advised this matter was heard and no reportable action
was taken.
1 -D: Conference with Legal Counsel —Potential
Litigation: Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9 (d)(4) —1 case
The City Attorney advised this matter was heard and no reportable action
was taken.
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 Jerry Rubin commented on
various Consent Calendar items.
Motion by Councilmember Holbrook, seconded by Councilmember Davis,
to approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof.
Motion to amend by Councilmember McKeown, to approve item 3 -A, as
amended, to include the suggested changes from the City Clerk.
City Clerk Sarah Gorman suggested a change for the description of the
motions for Item 3 -A on the September 24, 2013 minutes fiom "deny the
appeal" to "accept the appeal" to more accurately describe the Council's
motions. The change reflects that the hours set by the Planning
Commission were changed.
The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
Motion by Councilmember Holbrook, seconded by Councilmember Davis,
to approve the Consent Calendar, including the proposed amendment to
change the language for Item 3 -A, reading resolutions by title only and
waiving further reading thereof.
October 8, 2013
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day
NOES: None
ABSENT: Mayor O'Connor
MINUTES 3 -A: The Minutes of September 24, 2013 City Council meeting, were
approved as amended.
OPCC 3 -B: Professional Services Agreement for OPCC —recommendation to
authorize the City Manager to negotiate a sole source professional services
Agreement No. 9806 (CCS) with OPCC (formerly known as Ocean Park
Community Center), in an amount not to exceed $16,805 per year, with
four additional one -year renewal options in the amount of $16,805 for a
total not to exceed $82,540, to provide domestic violence advocacy
services for victims in domestic violence cases prosecuted by the City
Attorney's Office, was approved.
BBB FACILITY 3 -C: Professional Services for Removal of Two Underground Diesel
Fuel Storage Tanks at BBB Facility — recommendation to authorize the
City Manager to negotiate and execute a professional services Agreement
No. 9807 (CCS) with Charles E. Thomas Co., in an amount not to exceed
$383,910 to provide professional services to remove two 40,000 - gallon
underground diesel fuel tanks at Big Blue Bus Facility, and authorize
budget changes, was approved.
ROOFING 3 -D: Bid Award and Establishment of a Pre - Qualified Vendor List
CONTRACTOR for Roofing Contractor Services — recommendation to award Bid #4097
SERVICES for roofing contractor services to a pre - qualified list of three contractors:
Apex Roofing Contractors, Best Contracting Services, and TECTA
America Southern California, in a cumulative amount not to exceed
$325,000 for FY 2013 -14, with two one -year options to renew, for a total
not to exceed amount of $975,000 over a three -year period, was approved.
1122 22ND STREET 3 -E: Disposition of City-Owned Property at 1122 22"d Street —
recommendation to authorize the City Manager to proceed with sequential
negotiations with the two highest and best bidders for the sale of City -
owned property located at 1122 22 "d Street, as follows: 1) negotiate and
execute a Purchase and Sale Agreement No. 9808 (CCS) with Pezhman
Firoozfam in the amount of $1.067 million; 2) In the event of unsuccessful
negotiations with Pezhrnan Firoozfam, authorize to negotiate and execute a
Purchase and Sale Agreement No. 9808 (CCS) with Maryland Estates, Inc.
in the amount of $1.025 million; direct staff to set aside sale proceeds for
affordable housing and preservation; and, authorize any budget changes,
was approved.
3 October 8, 2013
223 BROADWAY 3 -F: 223 Broadway Sublease - recommendation to authorize the City
Manager to negotiate and execute a sublease Agreement No. 9809 (CCS)
with California Love, LLC for the retail space at 223 Broadway, beginning
November 1, 2013 and extending through June 30, 2017, in accordance
with the terms described in the report, and authorize budget changes, was
approved.
HUMAN SERVICES 3 -G: Revisions to the Agency Funding Levels within the Approved
GRANTS FY 2011 -15 Human Services Grants Program for St. Joseph Center
and Hospitality Training Academy — recommendation to authorize the
City Manager to negotiate and execute a first modification to Grant
Agreement No. 9415, in the amount of $147,000 with St. Joseph Center, to
implement coordinated and interdisciplinary services in support of the most
vulnerable older youth and their families via the Youth Resource Team
(YRT 2.0); and, authorize the City Manager to negotiate and execute Grant
Agreement No. 9810 (CCS) with Hospitality Training Academy, in an
amount not to exceed $92,688 in FY 2013 -14 for vocational training and
placement targeted to opportunity and other at -risk youth, was approved.
ADMINISTRATIVE 6 -A: Appeal of Conditional Use Permit (13CUP004) and Parking
PROCEEDINGS: Variance (13VAR005) to allow the operation of an exercise facility, and
2433 MAIN STREET to allow a parking variance to satisfy off - street parking requirements
associated with the proposed use at 2433 Main Street — recommendation
the City Council deny the appeal and uphold the Planning Commission's
approval of Conditional Use Permit 13 -004 and Variance 13 -005 for a new
exercise facility at 2433 Main Street based on the draft findings and
conditions of approval contained in this staff report, was presented.
Councilmember McKeown read the following into the record: "Condition
40 of that 1996 -1997 agreement says "one front entry door along Second
Street shall be permitted for each of the two artist's studios. Windows shall
also be permitted. The entrances and windows shall be subject to review
and approval by the Architectural Review Board. If the floor area hereby
approved for use as artist's studios is later converted to another
nonresidential use then before operating such a new commercial use at this
location of the project the entrances and windows hereby allowed on
Second Street shall immediately be removed and the openings sealed."
Then further the agreement in 1996 said: `the above conditions shall be
recorded as a covenant against the land binding upon any successors in
interest in a form approved by the City Attorney.' Lastly, condition 60 in
the 1996 -97 `in the event the permittee violates or fails to comply with any
conditions of approval of this permit, no further permits, licenses,
approvals or certificates of occupancy shall be issued until such violation
has been fully remedied."
Councilmember McKeown stated concern about the current usage, and
requested that staff check into the status of some of the businesses located
on this property.
4 October 8, 2013
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to continue the item and give staff time to resolve the problems
that appear to exist with the property.
Considerable discussion ensued regarding continuation of the item.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tem O'Day
NOES: None
ABSENT: Mayor O'Connor
ORDINANCES: 7 -A: Introduction and first reading of an Ordinance Amending
COMMERCIAL FITNESS Santa Monica Municipal Code (SMMC) Chapter 4.55 Related to
Commercial Fitness or Athletic Instruction, Classes or Camps in Parks
and the Beach; and Adopt a Fee Resolution Establishing Permit Fees
and Use Charges, was presented.
Members of the public Jeff Jordan, Demille Haliburton, Adam Brewer,
Chris Plourde, Erin Dick, Adrian Jordan spoke in favor of the
recommended action.
Members of the public Walter Ho, Mike Arnone, Jennifer Dumonceau,
Danielle Borgia, Brian Burke, Robin McCaffery, Allan Havey, Raisa
Lilling, Kenneth Robin, Mina Patel, Ruth Shari, Jerry Rubin, Evelyn
Lauchenauer, Terry Moore, Ann Payson, Sonki Hong, and Zoe Muntaner
spoke in opposition to the recommended action.
Motion by Councilmember Davis, seconded by Councilmember Winterer.
to move the staff recommendation with a change for the fees from a
percentage of gross fees to a flat fee based on the size of the classes, with a
cost of $1,800 annually for classes with 1 -2 students, $3,600 annually for
classes up to 10 students, and then $5,400 annually for classes up to 15
students.
Motion to amend by Councilmember Winterer, to charge 50% more in fees
for use of Palisades Park and 50% less in fees for Reed Park. The motion
was accepted as friendly by the maker.
Motion to amend by Councilmember Winterer, to change the ending time
for training to 9 p.m., which would apply to both parks and beaches. The
motion was accepted as friendly by the maker.
Motion to amend by Councilmember McKeown, seconded by
Councilmember Vazquez, to amend the motion on the floor to add
Palisades Park to the list of parks where the training classes are prohibited.
The motion was not friendly to the maker.
October 8, 2013
The motion to amend failed by the following vote:
AYES: Councilmembers Vazquez, Holbrook, McKeown,
NOES: Councilmembers Davis, Winterer, Mayor Pro Tern O'Day
ABSENT: Mayor O'Connor
Motion to amend by Councilmember McKeown, seconded by
Councilmember Holbrook, to proceed with the motion on the floor but with
a one year moratorium on uses in Palisades Park. The motion was not
accepted as friendly to the maker.
Motion by Councilmember McKeown, to proceed with the motion on the
floor but not permitting training classes on Sundays in Palisades Park. The
motion was accepted as friendly by the maker and the seconder.
Motion by Councilmember McKeown, to proceed with the motion on the
floor but not permitting training classes on weekends in Palisades Park. The
motion was not accepted as friendly by the maker.
Deputy City Attorney Yibin Shen read the proposed Ordinance change into
the record: In Section 2.4.55.030, in section (c) which currently ends with
"the public use of the park," the following sentence will be added: "No
permit or other authorization shall be issued authorizing fitness or athletic
instruction class or camp for compensation in Palisades Park on Sundays."
Deputy City Attorney Yibin Shen read the proposed Resolution changes
into the record: the fourth "whereas clause" will read in its entirety, in the
changed form, "WHEREAS, establishment of an annual charge for
commercial fitness or athletic instruction class or camp's use of City parks
and the beach is consistent with existing surf instruction for compensation
charges as currently authorized by local law." Section 2 of the Resolution
now reads in its entirety: "In addition to the Permit Fee, an annual charge
for use of City parks and the Santa Monica State Beach shall be imposed as
follows: "$1,800 for any group of not more than 2 participants, $3,600 for
any group of not more than 10 participants, and $5,400 for any group with
more than 10 participants. A 50% reduction in the annual charge shall
apply to any group operating in Reed Park. A 50% increase in the annual
charge shall apply to any group operating in Palisades Park."
Staff direction was provided.
The main motion, as amended, was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Mayor Pro Tern O'Day
NOES: Councilmember Vazquez
ABSENT: Mayor O'Connor
6 October 8, 2013
DOWNTOWN PARKING 7 -B: Introduction and first reading of an Ordinance amending
Chapter 9.04.10.08 of the Santa Monica Municipal Code in order to
implement the proposed Parking In -Lieu Fee Program within the
City's Downtown Parking Assessment District, was presented.
Members of the public Denise Barton, Chris Harding and Paula Larmore
spoke in opposition to the proposed action.
Motion by Councilmember McKeown, seconded by Councilmember
Vazquez, to introduce and hold first reading of the ordinance reading by
title only and waiving further reading thereof, with the amendment as read
into the record by Chief Deputy City Attorney Alan Seltzer, adding the
language "or as otherwise established by procedures under this Zoning
Ordinance" after "a) Parking requirements for uses, as established by
Section 9.04.10.08.040." The motion was approved by the following vote:
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day
NOES: None
ABSENT: Mayor O'Connor
401 BROADWAY 7 -C: Introduction and first reading of an Ordinance approving
Development Agreement 12 -006 for Amendment to Development
Agreement 11 -001 for the Mixed -Use Project at 401 Broadway, was
presented.
Applicant representative Dave Rand presented the project and spoke in
support of the benefits and the development.
Member of the public Jerry Rubin spoke in favor of the recommended
action.
Members of the public Denise Barton spoke in opposition to the proposed
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 with the amendment to include $150 /month
for affordable unit occupants.
Motion to amend by Councilmember Winterer, to modify the transportation
demand management marketing language to include first responders as well
as downtown employees as groups marketed to for leasing. The amendment
was accepted as friendly to the maker and seconder.
Motion to amend by Councilmember Winterer, to add direction to send to
the Architectural Review Board for final review and that the Board should
pay special attention to potential impacts from changes to stair number 1.
The amendment was accepted as friendly to the maker and seconder.
October 8, 2013
Staff direction was provided.
The motion with amendments was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Winterer, McKeown,
Mayor Pro Tem O'Day
NOES: Councilmember Vazquez
ABSENT: Mayor O'Connor
PARKING METERS 7 -1): Introduction and First Reading of an Ordinance Modifying
Section 3.16.120 of Santa Monica Municipal Related to Exemption of
Payment at Parking Meters for Clean Air Vehicles, was presented.
Member of the public Jerry Rubin spoke in favor of the recommended
action.
Motion by Councilmember Winterer, seconded by Councilmember Davis,
to introduce and hold first reading of the ordinance reading by title only and
waiving further reading thereof, but using alternative 2 in the staff report.
Substitute motion by Councilmember McKeown, for the staff
recommendation, the original proposal. The motion failed for lack of a
second.
Assistant Director of Finance Don Patterson read the following language
into the record, which reflects Councilmember's Winterer's motion:
"Subsection (a) of this Section shall not require an operator of a vehicle to
deposit payment in a parking meter if the vehicle is lawfully displaying one
of the following decals, placards or plates issued by the State of California
Department of Motor Vehicles: (1) current and valid clean air decals, (2)
zero - emission vehicle decals, or (3) any special recognition plate."
The main motion was approved by the following vote:
AYES: Councilmembers Winterer, Holbrook, Davis, Vazquez,
Mayor Pro Tem O'Day
NOES: Councilmember McKeown
ABSENT: Mayor O'Connor
Councilmember McKeown stated for the record that his no vote reflects the
belief that this City has perhaps inadvertently gotten into the practice of
yanking people's chains and turning them around. A few months ago the
City told people with stickers we would allow them again and in the
meantime we stopped enforcing against stickers at parking meters. Now,
effective in 30 days, those people who we told it was ok to park at parking
meters will start getting tickets again. He hopes they will remember tonight
and how this happened because we frankly did not solve the problem we set
out to solve and created a new problem.
October 8, 2013
COUNCILMEMBER 13 -A: Request of Councilmembers Davis, McKeown, and Vazquez
DISCUSSION ITEMS: that Council direct staff to make available a loan from the City's
HOUSING AND URBAN General Fund to the Santa Monica Housing Authority, if necessary to
DEVELOPMENT assure that no Santa Monica resident section 8 voucher renters are
DEPARTMENT evicted due to the cut -off of Housing and Urban Development
Department funds as part of the federal government shutdown, with
the expectation the loan will be repaid once the HUD revenue stream is
renewed, was presented.
Member of the public Zoe Muntaner spoke regarding her housing situation.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to authorize staff to have the authority as requested in the item
with the understanding that staff will return with information at the next
Council meeting. The motion was approved by the following vote:
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day
NOES: None
ABSENT: Mayor O'Connor
PUBLIC INPUT: Members of the public Denise Barton and Zoe Muntaner commented on
various local issues.
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting was adjourned at
10:47 p.m. in memory of Mark John Benjamin, Luke Benjamin, Lauren
Winkler, and Kyla DuPont.
ATTEST: APPROVE :
Sarah P. Gorman Terry O'Day
City Clerk Mayor Pro Tempore
9 October 8, 2013