m-111213CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 12, 2013
A regular meeting of the Santa Monica City Council was called to order by Councilmember Winterer at 5:33
p.m. on Tuesday, November 12, 2013, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor (arrived 5:45 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
CONVENENLEDGE The Council appointed Councilmember Winterer to act as Acting Chair.
On order of Councilmember Winterer, the City Council convened at 5:33
p.m., with Mayor O'Connor and Mayor Pro Tem O'Day absent. City
Manager Rod Gould led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Mayor Pro Tem O'Day On order of the Mayor, the City Council recessed at 5:35 p.m., to consider
arrived at 5 :34 p.m. closed sessions and returned at 6:31 p.m., with all members present, to
report the following:
Mayor O'Connor arrived at
5:45p.m. 1 -A: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1) — Feiman v. City of Santa Monica, Chief of Police
Grimmond, individually and as a peace officer, Louis Marioni,
individually and as a peace officer; Michelle Dimas, individually,
DOES 1 -10, Riverside United States District Court Case Number
CV12 -3549 DMG (JCx)
The City Attorney advised this matter was heard and no reportable action
was taken.
November 12, 2013
I -B: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1) — Miller et al. v. City of Santa Monica, Los
Angeles Superior Court Case Number BC 492621
The City Attorney advised this matter was heard and 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) — Lee v. City of Santa Monica, Los Angeles
Superior Court Case Number SC 119369
The City Attorney advised this matter was heard and 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) —1 case: 1236 250i Street
City Attorney Marsha Moutrie recommended a settlement of an extension
of 189 days for the completion of the construction project on the site.
Motion by Councilmember Davis, seconded by Councilmember McKeown,
to approve the recommended settlement. The motion was approved by the
fo119wing Vote;
AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer,
McKeown, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
1 -E: Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9 (d)(1) — Bagg v. City of Santa Monica, et al., Los
Angeles Superior Court Case Number SC 118609
City Attorney Marsha Moutrie recommended a $35,000 settlement of this
case arising from a bus accident.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the recommended settlement. The motion was approved by the
following vote:
2 November 12, 2013
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
AGENDA Introduction of Mayor Liz Campbell from Kempsey Shire, New South
MANAGEMENT Wales, Australia.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to hear items 7 -D and 7 -E together, with separate votes on the Development
Agreements. The motion was approved by unanimous voice vote, with all
members present.
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 Michael Toney commented on
various Consent Calendar items.
At the request of Mayor O'Connor, Item 34 was removed from the
Consent Calendar.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
to approve the Consent Calendar except for Item 3 -J, reading resolutions 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
MINUTES 3 -A: The minutes of October 26, 2013, City Council meeting, were
approved.
DOJ GRANT 3 -13: 2013 DOJ Edward Byrne Memorial Justice Assistance Grant
(JAG) — recommendation to authorize the City Manager to accept a grant
awarded in the amount of $29,283 from the U.S. Department of Justice
Edward Byrne Memorial Justice Assistance Grant for the Recession Crime
Control Program, and approve budget changes, was approved.
CONTRACTOR 3 -C: Award Bid and Establishment of a Pre - Qualified Vendor List
SERVICES for Door Contractor Services — recommendation to award Bid #4095 for
door contractor services to a pre - qualified list of three contractors: All
Access Doors, Lawrence Doors, and Specialty Doors + Automation, in a
cumulative amount not to exceed $100,000 for FY 2013 -14, with two one-
3 November 12, 2013
year options for a total amount not to exceed $300,000 over a three -year
period of time, was approved.
LOCKSMITH SERVICES 3 -1): Citywide Locksmith Services — recommendation to award Bid
#4100 to First Security Safe Co., Inc. and Miller's Lockshop, in the
cumulative annual amount not to exceed $90,200 for FY 2013 -14 for the
purchase of Citywide locksmith services, with two one -year options to
renew, for a total amount not to exceed $270,600 over a three -year period,
was approved.
TELECOMMUNICATION 3 -E: Modification to Agreement for Colocation and
SERVICES Telecommunication Services recommendation to authorize the City
Manager to negotiate and execute Contract No. 9834 (CCS) with Via West,
Inc. in the amount of $140,580 to provide colocation and
telecommunication services, resulting in an amended contract with a new
total amount not to exceed $212,970, and authorize any necessary changes,
was approved.
HERO PROGRAM 3 -17: Resolution Authorizing Participation in the California HERO
Program — recommendation to adopt Resolution No. 10780 (CCS),
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CONSENTING TO INCLUSION OF PROPERTIES
WITHIN THE INCORPORATED AREA OF THE CITY IN THE HERO
PROGRAM AND TO AUTHORIZE THE CITY TO ENTER INTO AN
AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT WITH
THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ", and
authorize the City Manager to negotiate and enter into Agreement No. 9835
(CCS) with the Western Riverside Council of Governments to permit the
provision of the California HERO Program services in Santa Monica, was
approved.
1519 WILSHIRE BLVD. 3 -G: Statement of Official Action accepting Appeal 13APP004 and
upholding the Planning Commission's approval to allow on -site sale of
alcohol and off -site parking for a new restaurant at 1519 Wilshire
Boulevard, was approved.
TENANT 3 -H: Contract Modification for Construction Services for the Office
IMPROVEMENTS of Sustainability and the Environment Tenant Improvements Project —
recommendation to authorize the City Manager to negotiate and execute
Construction Contract No. 9836 (CCS) with Lee Capital Builders, Inc., in
the amount of $64,500 to provide additional construction services, resulting
in an amended contract with a new total amount not to exceed $159,500,
and authorize any necessary changes, was approved.
BENEFITS SERVICES 3 -I: Professional Services Agreement with Gallagher Benefits
Services, Inc. for Employee Benefits Consulting Services -
4 November 12, 2013
recommendation to authorize the City Manager to negotiate and execute
professional services Agreement No. 9830 (CCS) with Gallagher Benefits
Services, Inc., in an amount not to exceed $234,000 to provide employee
benefits consulting service for three years, with two additional one -year
renewal options in the amount of $87,200 and $85,300, respectively, for a
total amount not to exceed $402,000 over a five -year period, was approved.
WELLBEING INDEX 3 -1: Local Wellbeing Index Development - recommendation to
authorize the City Manager to negotiate and execute Contract No. 9837
(CCS) with RAND Corporation for a total amount not to exceed $650,000
for development of the Local Wellbeing Index, was introduced.
Mayor O'Connor advised that she removed Item 34 to receive a staff
update on the item. Staff provided a report in response to the request.
Motion by Mayor O'Connor, seconded by Councilmember Winterer, 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
ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2445 (CCS),
BUILDING CODES entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING ARTICLE VIII OF THE SANTA
MONICA MUNICIPAL CODE BY ADOPTING THE CALIFORNIA
BUILDING STANDARDS CODE AND THE SANTA MONICA LOCAL
AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS
CODE", was presented.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to adopt the ordinance, 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
5 /10K RACES 7 -13: Second reading and adoption of Ordinance No. 2446 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SECTION 4.68.160 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO PERMITTED
RACES/RUNS ON AUTHORIZED CITY STREETS, was presented.
5 November 12, 2013
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
adopt the ordinance, 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 Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
PURCHASING SYSTEM 7 -C: Introduction and First Reading of an Ordinance Amending
Santa Monica Municipal Code Chapter 2.24, Purchasing System, was
presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Pro Tom
O'Day, 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: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
501 COLORADO 7 -D: Introduction and First Reading of an Ordinance approving the
Proposed Development Agreement 11DEV -009 to allow a 6 -story hotel
development project (Hampton Inn & Suites) consisting of 143 guest
rooms, up to 78,750 SF floor area, and up to108 parking spaces within
a two -level subterranean parking garage at 501 Colorado Avenue;
Certify the Final F,nviroomental Impact Report prepared for the
project in accordance with CEQA by adoption of Resolution No. 10781
(CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE 5 T AND
COLORADO HOTEL PROJECTS "; and adoption of Resolution No.
10782 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY
TO APPROVE THE HAMPTON INN AND SUITES PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN ", was presented.
Applicant representative Ken Kutcher read the following language into the
record, to be added to both Development Agreements. The language relates
to the "Internship Program" contained in paragraph 2.7.2 relating to
6 November 12, 2013
community benefits. The language provides: "On an ongoing basis, the
Hotel shall make at least one paid (unless taken for school credit) internship
available per school session to a student who is a Santa Monica resident
between ages 18 -24 and /or attends a high school in Santa Monica or Santa
Monica College. The Hotel will inform the schools and the Hospitality
Training Academy that such internship shall be targeted towards
"opportunity youths" within Santa Monica, as may be defined from time to
time by the -City Manager for purposes of implementing this internship
program. Subject to the requirements specified in this subsection (k), the
Hotel retains full discretion to select the student for the internship."
Members of the public Lauren Rosen, Leslie Garsicoff, Jerry Rubin, Rev.
Heidi Worthen Gamble, Daryl Farmen, Genise Schnitman, Elsa Mercado,
Rev. Janet McKeithen, Bridie Robers, Adine Foreman, Kathleen Rawson,
Abby Arnold, Madeline Brand, Frann Gruger, Tom Peters, Steve Duran,
Carol Lemlein, Paul Rosenstein, and Christel Andersen spoke in support of
the recommended action.
Member of the public Denise Barton spoke in opposition to the
recommended action.
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
certify the final Environmental Impact Report prepared for both projects in
Items 7 -D (501 Colorado) and 7 -E (1554 5" Street) in accordance with
CEQA, and to adopt a Resolution adopting the Mitigation Monitoring
Program and Statement of Overriding Considerations for both projects in
items 7 -D (501 Colorado) and 7 -E (1554 5`h Street). 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
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to introduce the ordinance for first reading, reading by title only and
waiving further reading thereof to approve the proposed Development
Agreement for 501 Colorado with the change in the living wage included in
the current draft from $14.08 to $15.37 and with the proposed changed
internship language previously read into the record.
The motion was approved by the following vote:
7 November 12, 2013
AYES: Councilmembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
Motion to amend by Councilmember Winterer to change the term "hotel's
water use" to "hotel's potable water use ". The motion was accepted as
friendly by the maker and seconder.
Direction was provided to the Architectural Review Board.
Deputy City Attorney Susan Cola stated that a low and moderate income
area map that was inadvertently omitted from Exhibits Fl and F2 of each
Development Agreement and requested the map be added to each
Development Agreement.
Mayor O'Connor summarized the motion as introduction of the ordinance
for first reading, reading by title only and waiving further reading thereof to
approve the proposed Development Agreement for 501 Colorado with the
change in the living wage included in the current draft from $14.08 to
$15.37 and with the proposed changed internship language previously read
into the record, with potable water amendment, and the addition of an
attachment per Deputy City Attorney Susan Cola.
The motion was approved by the following vote:
AYES; Couneilmembegs Vazquez, Davis, Holbrook, Winterer;
McKeown, Mayor Pro Tem O'Day, Mayor O'Connor
NOES: None
ABSENT: None
1554 5TH 7 -E; Introduction for First Reading an Ordinance approving the
Proposed Development Agreement IIDEV -010 to allow a 6 -story hotel
development project (Courtyard by Marriott) consisting of 136 guest
rooms, up to 78,750 SF floor area, and up to 108 parking spaces within
a two -level subterranean parking garage at 1554 5th Street; Certify the
Final Environmental Impact Report prepared for the project in
accordance with CEQA by adoption of Resolution No. 10783 (CCS),
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT ON THE 5TH AND COLORADO HOTEL
PROJECTS'; and adoption of Resolution No. 10784 (CCS), entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING FINDINGS NECESSARY TO APPROVE THE
COURTYARD BY MARRIOTT PROJECT, ADOPTING A
November 12, 2013
STATEMENT OF OVERRIDING CONSIDERATION, AND
MITIGATION MONITORING PLAN ", was presented.
This item was combined for public comment and discussion with Item 7 -D.
Motion by Councilmember Davis, seconded by Councilmember Vazquez,
to introduce the ordinance for first reading, reading by title only and
waiving further reading thereof to approve the proposed Development
Agreement for 1554 5th Street, with the change in the living wage included
in the current draft from $14.08 to $15.37 and with the proposed changed
internship language previously read into the record, with potable water
amendment, and the addition of an attachment per Deputy City Attorney
Susan Cola.
The motion was approved by the following vote:
AYES: Councihnembers McKeown, Winterer, Holbrook, Davis,
Vazquez, Mayor Pro Tern O'Day, Mayor O'Connor
NOES: None
ABSENT: None
COUNCILMEMBER 13 -A: Appointment to one unscheduled vacancy on the Commission
DISCUSSION ITEMS: for the Senior Community for a term ending on June 30, 2015, was
COMMISSION FOR THE presented.
SENIOR COMMUNITY
There was no one present for public comment.
On order of the Mayor, the floor was opened for nominations
Councilmember Winterer, nominated Barry Engelman.
Barry Engelman was voted by acclamation with a unanimous vote in his
favor, with all members present.
PUBLIC INPUT: Members of the public Denise Barton and Michael Toney commented on
various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 8:24
p.m.
ATTEST: APPROVED:
Sarah P. Gorman
City Clerk
am O'Connor
ayor
9 November 12, 2013